Guernsey introduces the Offence of failure of commercial organisations to prevent bribery.  

THE STATES, in pursuance of their Resolution of the 30th of September, 2022, have approved the following provisions which Amendment the 2003 Law.

THE PREVENTION OF CORRUPTION (BAILIWICK OF GUERNSEY) (AMENDMENT) LAW, 2023 amends the Prevention of Corruption (Bailiwick of Guernsey) Law, 2003 to create a new offence of a commercial organisation failing to prevent bribery by its employees, or by other persons who perform services for it, or on its behalf. It provides that it is a defence for a commercial organisation to prove that it had procedures in place designed to prevent such conduct from occurring.

The key provisions [amendments] are:-

1.The Prevention of Corruption (Bailiwick of Guernsey) Law, 2003 is amended as follows.

•  After section 5, insert –
  • "Offence of failure of a commercial organisation to prevent bribery
• A relevant commercial organisation ("C") is guilty of an offence under this section if an agent or other person ("A") associated with C bribes another person intending - to obtain or retain business for C, or (b) to obtain or retain an advantage in the conduct of business for C.
• It is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct ("prevention procedures").
• For the purposes of this section, A bribes another person if, and only if, A is, or would be, guilty of an offence under section (whether or not A has been prosecuted for such an offence).
• For the purposes of this section, A is associated with C if (disregarding any corrupt gift, consideration or advantage under consideration) A is a person who performs services for or on behalf of C.
• The capacity in which A performs services for or on behalf of C is immaterial and may include, but is not limited to, A being employed by C.
• Whether or not A is a person who performs services for or on behalf of C is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship
• between A and C.
• Where A is employed by C, it is to be presumed unless the contrary is shown that A is a person who performs services for or on behalf of C.
• A relevant commercial organisation guilty of an offence under this section is liable on conviction to a fine.

Sources

https://www.gov.gg/article/156152/Bribery-and-corruption

https://www.guernseylegalresources.gg/laws/guernsey-bailiwick/c/crime-and-criminal-justice/others/prevention-of-corruption-bailiwick-of-guernsey-amendment-law-2023/

https://www.gov.gg/CHttpHandler.ashx?id=167900&p=0