Print Article

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.


The Team

Meet the team of industry experts behind Comsure

Find out more

Latest News

Keep up to date with the very latest news from Comsure

Find out more


View our latest imagery from our news and work

Find out more


Think we can help you and your business? Chat to us today

Get In Touch

News Disclaimer

As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email