NEW Anti-Bribery Act 2010 - 16 April 2010

The new Anti-Bribery Act was passed at the beginning of April 2010 and will come into force later this year, however few employers and businesses are aware of their potential liabilities under the new laws. Employers could face penalties of up to 10 years’ imprisonment for individual directors and substantial fines for the organisation if they fall foul of the Act.

The Act creates the following new offences:
• Bribing a person
• Being bribed
• Bribing a foreign official
• Failure by a commercial organisation to prevent bribery

As failing to prevent bribery will be a criminal offence, employers must ensure that they are prepared for the new laws and have policies and procedures in place to combat bribery and corruption.

The Act will have significant implications on tendering and purchasing processes, gifts and corporate hospitality and employers should make sure they have an anti-bribery policy which details the rules which will apply within their organisation in these circumstances. Organisations will be expected to be able to show that they have taken steps to actively prevent bribery