April 11, 2011

U.K. Ministry of Justice Publishes Guidance on the Bribery Act 2010

Summary: On March 30, 2011, the United Kingdom’s Ministry of Justice (“MOJ”) published its long-awaited Guidance to the “Bribery Act 2010,” the most far reaching anti-bribery legislation since the U.S. Foreign Corrupt Practices Act (“FCPA”). The Act introduces the new offense of “failure ... to prevent bribery,” imputing liability to a commercial organization if a person “associated with” the organization bribes another person, provided that the intent of the bribe is to obtain or retain business for the organization, or to obtain or retain an advantage in the conduct of the organization’s business. The attached Client Alert provides an overview of the Guidance to the Act and further analyzes the liability that extends not only to U.K. corporations, but also to any company, wherever incorporated, that “carries on a business, or part of a business, in any part of the United Kingdom."

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