Академический Документы
Профессиональный Документы
Культура Документы
Richard Burger
18 & 19 July 2011
Introduction
Understanding the Bribery Act 2010
Where does the UK sit in terms of anticorruption? Transparency International Corruption Perceptions Index
Corporate offence
What is Bribery?
An inducement or reward offered, promised or provided in order to gain any commercial advantage Subversion of the relationship between principal and agent So that the agent is induced to act contrary to the duties he/she owes to the principal Agent relationships: employer/employee
To act impartially
To act in accordance with a duty of trust
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BUT a defence for the company to show that it had adequate procedures to prevent bribery
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Agents
Subsidiaries Joint venture partners
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Facilitation payments
What is a facilitation payment?
Always consult with the line manager or Compliance Officer Ken Reid
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Use of agents
The Bribery Act 2010 applies to agents
Due Diligence
Training for overseas agents and consultants Clear messages from the business Agents should consult with the business if asked to pay a bribe and/or are offered a bribe Possible change in culture
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Differences between Foreign Corrupt Practices Act 1977 and the Bribery Act 2010
Differences
Application
F.C.P.A
Only Foreign Officials
Bribery Act
Private and Public
Active Briber
Corporate Offence
No
Yes
Facilitation Payments
Limited Circumstances
No!
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Red flags
Intelligence of alleged bribery
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Q&A
1 February 2011
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