Bribery Flashcards
What is a bribe
A bribe is defined as a financial or other advantage offered, promised, or given to someone with the intention of:
Encouraging the person to perform their functions or activities improperly, or Rewarding the person for having already performed their functions or activities improperly.
In essence, a bribe is a form of inducement or incentive intended to influence someone’s actions or decisions in a way that breaches their duties or ethical obligations.
When did the Bribery Act 2010 come into effect?
1 July 2011
Who does the Bribery Act 2010 apply to?
All UK businesses operating at home or overseas
Non-UK businesses operating in the UK
What is meant by “strict liability” under the Bribery Act 2010?
It is an offence under section 7 if a “relevant commercial organisation” fails to prevent bribery by its employees, agents, or subsidiaries. There is no need to prove knowledge of the offence, only that it occurred.
How is a bribe defined under the Bribery Act 2010?
A bribe is a financial or other advantage offered to encourage a person to perform their functions or activities improperly or to reward them for having done so.
What are the penalties for offences under the Bribery Act 2010?
Up to 10 years imprisonment
Unlimited fine
What are the key offences under the Bribery Act 2010?
Offering, promising, or giving a bribe
Requesting, agreeing to receive, or accepting a bribe
Facilitation payments to foreign public officials
Failure by a commercial organisation to prevent bribery
What is required for a defence against a section 7 offence under the Bribery Act 2010?
The organisation must prove it had adequate procedures in place to prevent bribery and that these procedures were followed.
What are the 6 Principles of Prevention under the Bribery Act 2010?
Proportionality
Top Level Commitment
Risk Assessment
Due Diligence
Communication
Monitoring & Review
What should an organisation do to defend itself against a section 7 offence?
Prove that it has adequate procedures in place to prevent bribery and that these procedures were actively followed.
What are some common questions related to gifts and hospitality under the Bribery Act 2010?
What are gifts and hospitality?
What is your Company Policy on these?
Why does the company have this policy?
