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All hail the Bribery Act - the toothless wonder!

In [2010] 5 Archbold Review we examined in detail the clauses of the Bribery Act 2010, which finally come into force on July 1, 2011. We queried then whether its laudable aims were over ambitious and asked whether, potentially, the impact of the Act might be muzzled by a failure to devote adequate resources to its implementation.

On March 30, 2011, the Secretary of State for Justice, Kenneth Clarke, announced that "the UK will reinforce its reputation as a leader in the global fight against corruption when the Bribery Act comes into force ... The Act will ensure that the UK is at the forefront of the battle against bribery allowing the country to clamp down on corruption without being
burdensome to business."

Such a statement, providing reassurance that the UK is not complacent about bribery particularly bribery perpetrated by British companies abroad-was badly needed. The UK's reputation for combating bribery had become tarnished by fractured, antiquated laws and a certain abandoned prosecution.

A pity then that this bold announcement was accompanied by the damp squib that is The Bribery Act 2010 Guidance ("the Guidance") published on the same day. This long awaited and much trumpeted Guidance (issued pursuant to a requirement under section 9 of the Act) is intended to assist companies to put into place "adequate procedures" to prevent the commission of an offence under s.7 - failing to prevent bribery.

Read the article in full: All hail the Bribery Act - the toothless wonder! [Adobe PDF]

by David Aaronberg QC and Nichola Higgins.

6 July 2011

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