Useful resources

In addition to the Government’s guidance, there is a wealth of other guidance on “adequate procedures” and good practice in bribery prevention available from relevant specialist organisations and industry bodies. 

See for example:

Useful resources for guidance on general principles

Woolf Report on BAE, May 2008

Transparency International's business principles for countering bribery, February 2009 

OECD good practice guidance, November 2009

Transparency International's reporting guidance on 10th principle against corruption, December 2009

Transparency International’s guidance on adequate procedures , July 2010

Transparency International’s guidance on anti-bribery due diligence for transactions, May 2012

Industry-specific guidance

GIACC anti-corruption programme for companies, May 2010

Principles for an Anti-Corruption Programme under the UK Bribery Act 2010 in the Energy & Extractives Sector, July 2011

ABPI Code of Practice for the Pharmaceutical Industry 2012

Memorandum of Understanding between the ABPI, PMCA and SFO, June 2011

BBA Bribery Act 2010 Guidance on compliance – practical implementation issues for the banking sector, December 2011

Intellect's Bribery Act Handbook

Guidance for FSA-regulated firms

Although not strictly “guidance”, it is advisable also to consider the two Financial Services Authority thematic reviews relating to anti-bribery controls.  The first review was of anti-bribery in commercial insurance broking, in May 2010.  The second review related to controls in the investment banking sector and was published in March 2012.

Although these thematic reviews were conducted in two regulated sectors, and looked at compliance with FSA rules, the review methodology and recommendations of good practice are of broad application.  In addition, the FSA has published a guide for firms in relation to financial crime, which provides suggested examples of good and poor practice in combating bribery and corruption that are relevant to all firms.

We do not yet have examples of how prosecutors or judges will assess the adequacy of any corporate’s procedures when the case arises.  The FSA’s approach is therefore instructive as to how a regulator or prosecutor may approach this question, but should not be taken as definitive or used as a checklist, as the FSA has not given any indication as to what weight it will give the guidance in assessing whether a firm’s controls are effective.