This Anti-Bribery Policy sets out how a business will identify and deal with bribery and corruption. It can be used to help ensure compliance with the Bribery Act 2010. For use in the UK.
The Bribery Act 2010, which came into force on 1 July 2011, creates a new offence which can be committed by commercial organisations which fail to prevent persons associated with them from bribing another person on their behalf.
The Act provides:
- a general offence of bribery, which is defined as giving someone a financial or other advantage to induce them to perform their functions or activities improperly, or to reward them for having already done so
- an offence of bribing a foreign public official in order to win business, keep business or gain a business advantage for the organisation
- an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.
A business that can prove it had "adequate procedures" in place to prevent persons associated with it from bribing will have a defence. What counts as adequate will depend on the bribery risks an organisation faces and the nature and size of the organisation.
To prevent bribery businesses should:
- assess whether their business is at risk and, if so, the level of that risk
- put in place procedures proportionate to the risk identified
- show a clear commitment to the prevention of bribery
- use due diligence to assess who they are dealing with and who they appoint to represent them
- communicate, train and raise awareness among employees and business partners
- monitor and review procedures.
Genuine hospitality or similar business expenditure that is reasonable and proportionate is not prohibited by the Act.
This Anti-Bribery Policy is suitable for use in England, Scotland and Wales and covers the following:
- purpose and scope of policy
- record keeping
- facilitation payments
- gifts, hospitality and expenses
- policital and charitable donations
- monitoring and review.