Bribery Act in force from 1st July

The Government has announced that the long-awaited Bribery Act will come into force on 1st July this year, following the publication of new government guidance on how the Act will work.

The Bribery Act makes bribery in business unlawful. Both giving and receiving bribes will be unlawful, and conviction will result in a fine or imprisonment. Both businesses and individuals may be convicted for offences under the Act.

Importantly, businesses are responsible for any bribery carried out on their behalf by third parties, such as intermediaries, even where these are not employees of the business and or they are based overseas.

What impact will this have on my business?

The Bribery Act is concerned with business-to-business dealings; the use of intermediaries in business dealings, and dealings with foreign public officials.

Businesses involved in overseas contracts are most likely to be at risk of committing offences under the Bribery Act, either because of their use of intermediaries or because of the practice of making "facilitation payments" to foreign public officials.  Facilitation payments include such things as additional payments for fast customs clearance, and are banned under the Act unless they are a genuine, lawful charge.

Where can I find further information?

Check out our pages on MentorLive for further information:

https://www.rbsmentor.co.uk/mentorlive/guidanceanddocumentation/howemploymentlawworks/employmentlawa-z/briberyact2010.aspx