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
ABPI Code of Practice for the Pharmaceutical Industry 2012
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.