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:
- The giving, promising or offering of a bribe.
- Agreeing to receive or accept a bribe.
- Bribery of a foreign public official.
- 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.