FMLC has published a paper criticising the uncertainties in the Bribery Act 2010, which it says the draft Ministry of Justice guidance has done nothing to address. It criticises specifically:
- failure to deal sensibly and clearly with what sort of hospitality is permitted;
- what degree of connection with a relevant organisation is necessary for a person to be "associated" with it;
- what the Act means by carrying on "part of a business in the UK" – for example, whether it is supposed to cover companies whose only link to the UK is a listing; and
- in terms of the guidance, the extent of control and management involvement required.