Pictured above: Claire Gamage
Leading Worcester and Cheltenham law firm Harrison Clark is
urging businesses to act now to ensure they comply with the Bribery
Act 2010, which comes into effect on 1st July 2011.
One of the most controversial pieces of legislation in recent
years, the Act will become the toughest law in the world to combat
corruption and bribery; however it has left many business owners
both anxious and confused. Responding to this concern, Harrison
Clark has produced a unique, quick reference guide to the Bribery
Act which is available free of charge to businesses on request.
Claire Gamage, a member of the commercial department at Harrison
Clark, who also has ten years' experience of advising companies on
international trade issues whilst working for Birmingham Chamber of
Commerce, confirms: "Under the new Bribery Act businesses and
individuals can be caught under four offences of bribery: the
giving of a bribe, the receiving of a bribe, the bribery of foreign
officials, and the failure of commercial organisations to prevent
bribery. The new offence of failing to prevent bribery is of
particular importance to companies and business operators. You and
your company will be guilty of this offence if someone performing
services on your behalf bribes another with the intention to either
obtain or retain business or a business advantage for your company.
There will be no respite for acts committed overseas, as offences
can be committed in the UK or within international jurisdictions.
The consequences if you are successfully prosecuted are severe,
ranging from criminal sanctions to heavy fines."
However, companies that can demonstrate they had 'adequate
procedures' in place to prevent bribery can use this as a defence.
Claire explains: "To ensure compliance, businesses need to
fully understand the scope of the Act; they must assess the level
of risk faced by their business in relation to instances of bribery
and corruption; and they must conduct due diligence - repeatedly.
They will then need to implement appropriate procedures to deal
with bribery, and ensure there is full understanding of the
necessary procedures throughout the organisation. Businesses
trading overseas will be particularly vulnerable to the Act given
it has extra territorial application, and should therefore ensure
that they take immediate action."
Harrison Clark provides the south Midlands' most complete
spectrum of City-quality legal services to business and private
clients in the region and beyond. The leading law firm has a total
of 181 staff and partners based in Worcester and Cheltenham.
Harrison Clark's work in all aspects of law is nationally
recognised. As well as joining MSI Global Alliance in 2007 - one of
the world's leading international legal and accountancy
associations - in 2010 the firm was again recognised for the
national quality of its work through a listing in the prestigious
Legal 500 and Chamber and Partners lists of the major firms in
England and Wales.