Bribery, Money Laundering and Corruption Flashcards
What is the bribery act 2010?
- It contains 4 main offences:
o Bribing another person
o Being bribed
o Bribing a foreign official
o Failure by an organisation to prevent bribery
What is a bribe?
- Is a payment or reward offered for any commercial or personal advantage.
- Example: Rugby tickets offered before tendering for a big job.
What are the 6 Principles of the Bribery act?
- Proportionality – is it proportionate to the risk and size of organisation?
- Top level commitment – Those in top level positions are best placed to ensure an organisation conducts business without bribery
- Risk Assessments – A risk assessment shows the nature or extent of the exposure to bribery
- Due diligence – Procedures must be applied, taking a proportionate and risk based approach
- Communication – Employers to communicate their policies and provide training etc.
- Monitor and review – organisations should monitor and review procedures and policies
Who does the Bribery Act apply to?
- Any British citizen, anywhere in the world
- A British associate with a connection, through business, to the UK who conducts an offence
- An organisation incorporated in the UK who has committed bribery anywhere in the world
- An organisation or partnership; that has carried out business in the UK
How do you comply with the bribery act?
- My company has bribery and corruption policies, I strictly adhere to these;
- I report any act of bribery to the Serious Fraud Office or National Crime Agency
What are the potential consequences for not adhering to the bribery act?
- 10 years imprisonment
- Unlimited fine for both individuals and businesses
What is money laundering?
- Turning dirty money, clean.
- For example, money which has been gained from drugs – but has gone through a business to appear like it has come from legitimate sources.
- Hot topic on this is: Housing market and solicitors
How do you report suspicious behaviour?
Submit an SRA (Suspicious Activity Report) to the National Crime Agency
What is corruption?
The abuse of power for private gain
What is a price fixing cartel?
A collection of businesses that act together and fix prices for goods and services they produce
What is terrorist financing?
A collection of funds to support terrorist acts
What is a facilitation payment?
A payment made to a government official that acts as an incentive to complete an action or process that benefits the party making the payment.
What is Modern Slavery?
- It is the illegal exploitation of people for personal or commercial gain
- Covers sexual exploitation, criminal exploitation, organ harvesting, forced labour
What is the legislation?
Modern Slavery Act 2015
What are some examples of Modern Slavery?
- Forced labour
- Forced marriage
- Child slavery