Adequate Procedures
Definition
The defence to the Section 7 corporate offence under the UK Bribery Act. A commercial organisation must show it had in place bona fide, proportionate anti-bribery procedures to prevent associated persons from bribing.
- Statute
- UK Bribery Act 2010, Section 7
- Offence
- Failure to prevent bribery
- Standard
- Proportionate, risk-based procedures
- Burden
- On the defendant, balance of probabilities
Common questions
How does the defence differ from having a written anti-bribery policy?+
A policy document alone does not satisfy the defence. The organisation must show the procedures were actually applied and were proportionate to its risk profile, not merely drafted and filed away.
Who decides whether procedures were adequate?+
The court, applying the six principles in UK Ministry of Justice guidance: proportionate procedures, top-level commitment, risk assessment, due diligence, communication and training, and monitoring and review.
Related terms
- Deferred Prosecution Agreement (DPA)
- An agreement between a prosecutor and a company in which criminal charges are filed but prosecution is deferred in exchange for cooperation,...
- Facilitation Payment
- A small payment to a government official to expedite a routine official action. The FCPA exempts such payments; the UK Bribery Act...
- Foreign Corrupt Practices Act (FCPA)
- A US federal statute that prohibits US-listed companies, their officers, and agents from bribing foreign government officials. Applies extraterritorially, meaning the conduct...
- OECD Anti-Bribery Convention
- The 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, requiring its 44 signatories to criminalise active...
- UK Bribery Act 2010
- A UK statute that criminalises both public and private sector bribery, covers any person (not only government officials), and creates a strict-liability...