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The Bribery Act - How It Will Affect Businesses Locally and Internationally

The Orchard Suite, Pomme d'Or Hotel

Wednesday 25th May , 15:00-16:30

The Orchard Suite, Pomme d'Or Hotel

In July 2010, The Ministry of Justice announced that the UK Bribery Act 2010 ("the Act") will come into full force in April 2011. The Government has commented that: "The Act will ensure the UK is at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards".

When the Act comes in to force this year it will: 
 
  • Introduce a strict liability corporate offence of failing to prevent bribery by persons working on behalf of, or associated with, a business. A business has a complete defence if it can demonstrate that it has "adequate procedures" in place that should have prevented bribery.
  • Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad. The measures cover bribery of a foreign public official where the offender need only have an intention to influence the foreign public official acting in his/her official capacity.
  • Increase the maximum penalty for bribery from seven to 10 years imprisonment, with a potential unlimited fine for corporates.

Gerallt Owen, Head of International Regulatory & Corporate Crime for Crowell & Moring, discussed:

  • s.7 offence: New guidance to companies - "adequate procedures" defence
  • FCPA v. Bribery Act
  • Extraterritorial application
  • Sanctions
  • Practicalities and Enforcement

Following this, Mark Temple, Partner at Mourant Ozannes, looked at:

  • Comparison of the Bribery Act with the Corruption (Jersey) Law 2006
  • Practical effects of the legislation in Jersey
  • Managing the risk
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