The Government has published the six principles that will be used to determine whether or not a company is responsible for bribery offences committed by its employees or agents under new anti-corruption laws. On 14th September the Ministry of Justice published its consultation paper on anti bribery provisions. It seeks comment and opinion on its provisions. Barker Gotelee have summerised the main points of interest which are set out below.

Companies are responsible for their employees' and agents' corruption unless they could show that they operate anti-corruption policies and practices.

"The Bribery Act creates a new offence which can be committed by commercial organisations which fail to prevent persons associated with them from committing bribery on their behalf.

“It is a defence for an organisation to prove it had adequate procedures in place to prevent persons associated with it from bribing."

The six principles that companies should subscribe to to avoid liability for employees' or agents' bribery are:

1. risk assessment;
2. top level commitment;
3. due diligence;
4. clear, practical and accessible policies and procedures; 
5. effective implementation; and 
6. onitoring and review.

The principles do not set down any specific procedures for orgnaisations to refer to, which means they can be adapted according to the size and administrative resources of the oganisation.

The guidance says that companies should know and keep up to date with their sector's bribery risks, ensure the organisation is committed to anti-corruption from the most senior level down; and know about the companies they deal with as partners or customers.

Company guidance should be clear, realistic and form a part of the way the whole company works. All these practices should be regularly monitored and reviewed.

For further advice and guidance on your legal obligations, policies and procedures, contact the commercial team at Barker Gotelee on 01473 611 211 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it