Is your house in order?
The UK Bribery Act and adequate procedures
One of the most significant elements that the UK Bribery Act introduces is the ‘corporate offence’ which extends the reach of UK enforcement agencies beyond personal liability to enable the prosecution of commercial organisations for failing to prevent a bribe.
The only defence available to commercial organisations under the Act is to demonstrate that they have ‘adequate procedures’ in place to prevent bribery. The Ministry of Justice published final guidance on ‘adequate procedures’ on 30 March 2011. From this date, organisations have three months to get their house in order before the Act comes into force in July 2011.
Deloitte can assist with the development, implementation and review of anti-bribery and corruption compliance programmes. This can involve supporting organisations in:
- Understanding and prioritising the risks they face;
- Establishing the control objectives and key controls necessary to enable them to determine whether the risks are controlled;
- Assessing the effectiveness of existing controls;
- Developing enhancement plans; and
- Training and awareness facilitation.