Bribery Bits Flashcards
What is a bribe?
An inducement or reward offered, promised, or provided to gain any commercial, contractual, regulatory, or personal advantage.
What does the Bribery Act 2010 cover?
Criminal law relating to bribery.
What are the four main bribery offences under the Bribery Act 2010?
- Bribing another person
- Being bribed
- Bribing a foreign public official
- Failure by a commercial organisation to prevent bribery
Who does the Bribery Act 2010 apply to?
The Bribery Act will apply to an individual if:
• A British citizen has committed a bribery offence anywhere in the world.
• A British associate with a connection to the UK, such as through business, conducts a bribery offence in or outside of the UK.
The Bribery Act will apply to an organisation if:
• The organisation is incorporated in the UK and has committed a bribery offence anywhere in the world.
• An organisation or partnership that has carried out business in the UK.
What are the 6 principles of the Bribery Act?
Proportionality - The action taken should be proportionate to the risk and size of the organisation.
Top level commitment - Those in senior positions are best placed to ensure the organisation conducts business without bribery.
Risk assessment - Many organisations will have little or no risk of bribery, but a risk assessment will show the nature or extent of exposure to bribery.
Due diligence - Due diligence procedures must be applied, taking a proportionate and risk-based approach, with regard to individuals who perform or will perform services on behalf of the organisation.
Communication - Employers will need to communicate their policies and procedures to staff and others who perform services, additional training may help raise awareness (proportionate to the size and type of organisation).
Monitoring and review - As an overarching principle, organisations should monitor and review procedures designed to prevent bribery by persons associated with it and make improvements where necessary.
