10d Bribery Flashcards
What are the 4 bribery offences?
- Bribing another person
- Being bribed
- Bribing a foreign official
- Company failing to prevent bribery
What is bribing another person?
Giving/offering a person a bribe to perform a relevant function improperly.
What is a relevant function re bribery?
Function in respect of public office or business/trade.
What is being bribed?
Requesting or accepting a bribe to perform a relevant function improperly.
What is bribing a foreign official?
When someone gives/offers a bribe to an official to influence performance of their official functions.
Must be with the aim of gaining new business or business advantage.
What is a foreign official?
Officials that hold a legislative, administrative or judicial role in a foreign country.
Any person who performs public functions in an overseas government.
Is bribery a criminal or civil act?
Criminal
What are the consequences of bribery?
Prison max 10 years and or unlimited fine.
When can a company be sued for failing to prevent bribery?
When a person associated with the company has committed a bribery offence while carrying out their work for the business.
How can a company defend against being sued for failing to prevent bribery?
Prove they have adequate procedures in place to prevent bribery.
What constitutes adequate procedures to prevent bribery?
Procedures are proportionate to the risk of bribery in their business.
- considered the risks.
- put controls in place to mitigate those risks.
- monitor the effectiveness of those controls.
What happens if the action against a company for failing to prevent bribery is successful?
Company is subject to an unlimited fine
