1. UK ANTI BRIBERY ACT TRAINING 2014/2015

2. Background UK Anti Bribery Act 2010 Entered into force on 1 July 2011
Replaces out-dated UK anti-bribery and corruption legal framework
Objectives:
To provide a modern, single piece of legislation criminalising bribery
To enable effective prosecution of bribery offences

3. UK Bribery Act 2010: Four separate bribery offences
Two “active” offences of bribing and being bribed
The offer, promise or giving of a financial or other advantage
The bribing a foreign public official
A “passive” offence of requesting, agreeing to receive or accepting a financial or other advantage
“Corporate” offence of failure of a commercial organisation to prevent bribery

4. UK Bribery Act 2010 (continued):
Penalties
For the individual: unlimited fines and up to 10 years imprisonment .
For the organisation: unlimited fines and potential debarment from government contracts within the EU.
Consequential penalties
Reputational damage
Legal and investigation costs
Loss of management time
Loss of key business relationships
Competitor claims

5. UK Bribery Act 2010 (continued):
Corporate scope of liability is extreme
Broad interpretation of “commercial organisation”
A commercial organisation will be liable for the corporate offence if an ‘associated person’ acting on its behalf conducts an active offence of bribery anywhere in the world
An ‘associated person’ includes: Employees, consultants, agents, distributors, intermediaries, joint ventures or subsidiaries
Conduct ‘all or part’ of a business in the UK regardless of where incorporated or where the bribe was paid
Applies to non-UK organisations/individuals
Only defence = ‘adequate procedures’
That an organisation did everything it reasonably could have done to prevent bribery in the conduct of its business

6. UK Bribery Act 2010 (continued):
The potential defence for an organisation against the corporate offence of failing to prevent bribery involves having ‘adequate procedures’ in place
These adequate procedures are not defined, and in practice will become clearer as we see case law
Six key principles are set out as the framework within which to demonstrate adequate procedures
Six key principles:
•Principle 1: Proportionate procedures
•Principle 2: Top-level commitment
•Principle 3: Risk assessment
•Principle 4: Due diligence
•Principle 5: Communication (including training)
•Principle 6: Monitoring and review

7. Bribery Act Compliance – Prevent, Detect, Respond
Bribery Act compliance can be summarised in a simple Prevention, Detection, Response model

8. Bribery Act Compliance – 10 key actions
Take a clear anti-bribery stance – sound ethics!
Assess where risks lie
Allocate management responsibility
Have clear policies
Spread awareness and keep a record of recipients
Conduct risk-based due-diligence (3rd parties, employees)
Monitor and audit at-risk functions, contracts, transactions

9. Bribery Act Compliance – 10 key actions
Encourage reporting of misconduct
Apply consistent and robust disciplinary processes
Have an investigation and response plan
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