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.

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