The BA was introduced to criminalise the giving and receiving of bribes. For these purposes:

  • Bribery is not limited to cash payments, it can for instance include favourable treatment or material gifts.
  • The BA has created four main offences:
    1. The giving, promising or offering of a bribe.
    2. Agreeing to receive or accept a bribe.
    3. Bribery of a foreign public official.
    4. Failing to prevent bribery.
  • Organisation can defend themselves if they can show that they have adequate procedures in place to prevent bribery.

This is not an area that any organisation should ignore. In a business context, the types of actions that could lead to prosecution under the BA include:

  • Disproportionate levels of corporate entertainment.
  • Payments or gifts to secure contracts.
  • Gifts or payments to clients that could be deemed disproportionate.
  • An offence of bribery conducted by an employee of the business.

Our services include advising organisations in navigating their way through potentially problematic areas such as:

  • Corporate hospitality.
  • Facilitation payments.
  • The use of commercial agents and other intermediaries.
  • Dealings with Government officials or their family members.
  • Putting in place bespoke Compliance Policies tailored to an organisation and any specific risks it might face.
  • The need for due diligence in relation to current and future projects.

We advise organisations of all sizes on bribery and corruption issues, from start-ups to large entities across a diverse range of industry sectors.

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