The UK Bribery Act contains an affirmative defense of “adequate procedures” which can shield a company from prosecution for the strict liability offense of failing to prevent bribery.  A company should refer to the Six Principles set out in the Ministry of Justice Guidance when implementing or updating its compliance program in order to maintain a program which may be considered adequate under the Bribery Act standard.  The Six Principles are:

• Proportionate procedures;
• Top-level commitment;
• Risk assessment;
• Due diligence;
• Communication (including training); and
• Monitoring and review.