The Act comments on;
offering or receiving a bribe;
bribery of foreign officials; and
failure to prevent a bribe being paid (on which see below the “adequate procedures” defence),
are “quite tough rules”. The main thrust of the Guidance, however, offers reassurance to businesses that “combating bribery is about common sense, not bureaucracy”.

The key points to note are as follows:

Corporate Hospitality
The guidance makes clear that reasonable hospitality to meet, network and get to know your clients will not fall foul of the new legislation.

Adequate Procedures Defence
In relation to the offence of “failure to prevent a bribe being paid”, the procedures that need to be put in place in order to rely on the “adequate procedures” statutory defence need only be proportionate to the size and nature of your business.

Whereas major multi-nationals must exercise greater due diligence and have more detailed compliance procedures in place, verbal communication may suffice for a small company. If there is very little risk of bribery being encountered by members of your company or on its behalf, no specific bribery prevention policies will be required.

Associated Person
A company will only be held criminally liable for the acts of an “associated person” where that person actually represents or performs services for it and the bribery committed is intended to benefit that company. It is very unlikely therefore that a company will be liable for the actions of someone who simply provides services to it.

Facilitation Payments
Facilitation payments, which are payments made to induce officials to perform routine functions that they are obliged to perform in any event, remain illegal under the Act.

Prosecution
Cases may be brought only when either the Director of Public Prosecutions or the Director of the Serious Fraud Office is satisfied both that:

i. a conviction is more likely than not; and

ii. prosecution is in the public interest

Please follow the link below to obtain published guidance on how the act may effect you;

http://www.justice.gov.uk/downloads/guidance/making-reviewing-law/bribery-act-2010-guidance.pdf