BRIBERY ACT 2010

The Bribery Act 2010, in force from July 1st 2011, takes a tougher stance than previous legislation.   Offences can expose you to criminal liability including unlimited fines and up to 10 years imprisonment.

Overview of the Bribery Act:

The biggest change to legislation is the onus placed on organisations to ensure anti-bribery measures are robust. This is not just limited to the UK. If you have a UK presence but an act of bribery is committed overseas, even if it bears no relation to business in the UK at all, you can still be prosecuted. So, any changes you are going to make within the UK, you should consider rolling out worldwide.

And it’s not just your organisation you need to consider. Any 3rd party or Joint Venture arrangements you have must also be scrutinised to ensure there is no room for manoeuvre when it comes to bribery.

In general it’s the following that count as an offense:
 

• Giving bribes (active offence): It is an offence to promise, offer or give a bribe (whether directly or through a third party).
• Receiving bribes (passive offence): It is an offence to request, receive or agree to receive a bribe.
• Bribery of a foreign public official (public offence): It is an offence to bribe a foreign public official. The definition of a foreign public official covers both foreign government officials and individuals working for international organisations.
• Failure of commercial organisations to prevent bribery (corporate offence): A commercial organisation may be guilty of an offence if someone acting on its behalf commits an active offence or a public offence.
• Liability of senior officers: A senior officer of a corporate body will be personally guilty of an offence if (s)he consents to or connives in an active, passive or public offence by the company.

A bribe does not have to mean money. It can be defined as:

· A financial or other advantage
· The improper performance of a work related function
· Improper performance subject to an objective ‘reasonable person’ test

What you need to do:

It is important to take action on the following areas; these are just a starting point:

Risk assessment and due diligence:
Conduct a risk assessment to review all activities to ascertain where the risk of bribery might arise. This should also include Joint Ventures and 3rd party arrangements.

Get high-level buy-in:
Each organisation needs to ensure that anti-bribery measures are taken seriously. Getting buy-in from directors and senior managers is imperative.
 
Employee handbooks and employment contracts:
You need to have a clear policy on anti-bribery and you need to ensure it is enforced. Remember to include rules on entertainment, gifts and hospitality, both giving and receiving of. (Generally speaking, normal hospitality should be unaffected but should certainly be approached with caution). Remember to disseminate this information not only to staff but also agency workers, contractors and any other 3rd parties working on your behalf. Also, ensure staff feel confident that they can confidentially report any suspected bribery by colleagues or other parties.
 
Monitoring & review:
Policies should be kept updated and under review to ensure they are fit for purpose.
 
TCC’s consultants can help guide you through adherence to the Bribery Act. We will review your current anti-bribery measures, report on areas that need redress and if necessary guide you through the implementation of measures to help ensure you are not leaving yourself open to risk.  Staff training can also be provided to help ensure the message is received.

For more information please call 020 3008 6020 or email info@theconsultingconsortium.com