The UK Bribery Act 2010 is effective from 1 July 2011. Among the new offences under the Act is the failure of a commercial organisation to prevent bribery. The Act has extra-territorial application and as such will apply to Irish companies/partnerships that are “carrying on a business or part of a business” in the UK. Offences under the Act may be prosecuted regardless of where the act or omission which constituted the offence took place.

The final guidance which sets out the six main principles for companies to follow in order to comply with the Act was published on 30 March 2011. The guidance clarifies that organisations must have a demonstrable presence in the UK to be caught by the Act. Having a UK subsidiary will not necessarily mean that the parent company is carrying on business in the UK.  The guidance also clarifies that bona fide corporate hospitality is not forbidden by the Act.

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Contributed by Laura Dunne.

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