BRIBERY ACT Flashcards
Bribery Act 2010
Contains two general offences
Section 1 active bribery - offering/promising or giving of a bribe
Section 2 passive bribery - agreeing to receive or accept a briber
Section 3 - functions/activity to which a bribe relates
Section 4 - improper performance to which a bribe relates
Section 5 - the expectation test - breach of an expectation
Section 6 - bribing a foreign official with the intention to influence the foreign public officials function - can be UN officials or the world bank
Section 7 - failing as a corporation to prevent bribery
Section 12 - on Section 1.2 and 6 the courts have jurisdiction over these offences committed outside the UK
What are the 6 Principles to prevent bribery
PRINCIPLE 1 - PROPORTIONATE PROCEDURES
Procedures to prevent bribery are proportionate to the bribery risks it faces and to the nature/scale and complexity of the organisations activities
PRINCIPLE 2 - TOP LEVEL COMMITMENT
top level commitment from senior management to prevent bribery or association with it
PRINCIPLE 3 - RISK ASSESSMENT
commerical organisation assesses the nature and extent of its exposure to potential and internal risks of bribery on its behalf of persons associated with it
PRINCIPLE 4 - DUE DILIGENCE
applies due diligence procedures, taking a proportionate and risk-based approach, in respect of persons who perform or will perform services
PRINCIPLE 5 - COMMUNICATION
ensure principles, policies and procedures are adequate for staff members to follow and understand
PRINCIPLE 6 - MONITORING AND REVIEW
the organisation monitors and reviews procedures designed to prevent bribery by persons associated with it
