- 1. One year on, is theREAL IMPACTCOMING?
2. THE UKBRIBERY ACT- A REFRESHER 3. More effective
legalframework to combatbribery and corruption inpublic and legal
sectors. 4. Replaces complexoffenses in Preventionof Corruption
Acts1889-1916. 5. Creates a discreteoffence of bribery of aforeign
public official. 6. Creates a new corporateoffence of failure by
anorganisation to prevent abribe being paid onits behalf. 7.
Requires the Secretary ofState to publish guidanceabout procedures
that arerelevant to commercialorganisations. 8. An individual
guilty of bribing anotherperson, receiving a bribe or found to
bebribing a foreign official 9. An individual guilty of bribing
anotherperson, receiving a bribe or found to bebribing a foreign
officialMaximum Prison Sentence: 10 Years.Fine: Unlimited. 10. A
company found guilty of failing toprevent bribery 11. A company
found guilty of failing toprevent briberyMaximum Prison Sentence:
15 Years forthose involved along with seniorexecutives and
directors.Fine: Unlimited. 12. Companies may also findthemselves
debarred from EU,US and other governmentprocurement lists. 13.
Principle 1: Proportional ProceduresA commercial organisations
procedures to prevent bribery by personsassociated with it are
proportionate to the bribery risks it faces and to thenature, scale
and complexity of the commercial organisations activities. Theyare
also clear, practical, accessible, effectively implemented and
enforced. 14. Principle 1: Proportional ProceduresA commercial
organisations procedures to prevent bribery by personsassociated
with it are proportionate to the bribery risks it faces and to
thenature, scale and complexity of the commercial organisations
activities. Theyare also clear, practical, accessible, effectively
implemented and enforced.Principle 2: Top-level CommitmentThe
top-level management of a commercial organisation (be it a board
ofdirectors, the owners or any other equivalent body or person) are
committed topreventing bribery by persons associated with it. They
foster a culture withinthe organisation in which bribery is never
acceptable. 15. Principle 1: Proportional ProceduresA commercial
organisations procedures to prevent bribery by personsassociated
with it are proportionate to the bribery risks it faces and to
thenature, scale and complexity of the commercial organisations
activities. Theyare also clear, practical, accessible, effectively
implemented and enforced.Principle 2: Top-level CommitmentThe
top-level management of a commercial organisation (be it a board
ofdirectors, the owners or any other equivalent body or person) are
committed topreventing bribery by persons associated with it. They
foster a culture withinthe organisation in which bribery is never
acceptable.Principle 3: Risk AssessmentThe commercial organisation
assesses the nature and extent of its exposure topotential external
and internal risks of bribery on its behalf by personsassociated
with it. The assessment is periodic, informed and documented. 16.
Principle 4: Due DiligenceThe commercial organisation applied due
diligence procedures, taking aproportionate and risk based
approach, in respect of persons who perform orwill perform services
for or on behalf of the organisation, in order to
mitigateidentified bribery risks. 17. Principle 4: Due DiligenceThe
commercial organisation applied due diligence procedures, taking
aproportionate and risk based approach, in respect of persons who
perform orwill perform services for or on behalf of the
organisation, in order to mitigateidentified bribery
risks.Principle 5: Communication (including training)The commercial
organisation seeks to ensure that its bribery prevention
policiesand procedures are embedded and understood throughout the
organisationthrough internal and external communication, including
training, that isproportionate to the risks it faces. 18. Principle
4: Due DiligenceThe commercial organisation applied due diligence
procedures, taking aproportionate and risk based approach, in
respect of persons who perform orwill perform services for or on
behalf of the organisation, in order to mitigateidentified bribery
risks.Principle 5: Communication (including training)The commercial
organisation seeks to ensure that its bribery prevention
policiesand procedures are embedded and understood throughout the
organisationthrough internal and external communication, including
training, that isproportionate to the risks it faces.Principle 6:
Monitoring and ReviewThe commercial organisation monitors and
reviews procedures designed toprevent bribery by persons associated
with it and makes improvementswhere necessary. 19. WILL THEBRI BE
RYACT VER ACT? 20. 9 OF 10LARGEST FOREIGN CORRUPTPRACTICES ACT
(FCPA) FINEShave been with non-USbased companies. 21. 90%of FCPA
prosecutionshave involved non-UScompanies. Bribery isnot only
likely to beprosecuted in theUnited States. 22. WATCH
YOURTHIRD-PARTYBUSINESS PARTNERS 23. SENIOREXECUTIVESAREIN
THEFIRING LINE 24. 65%of defendants in FCPAprosecutions over
thepast 6 years have beenat senior level. Seniorexecutives are
theindividuals facingprison and fines inrelation to fraud. 25.
BRIBERY RISK& HIGH GROWTH OFTEN LINKED 26. Abnormal cash
payments 27. Company procedures or guidelinesnot being followed 28.
Unexplained preference for certain contractors during tendering
period 29. SOLUTIONS 30. Protect your organisation and its
corporate reputation withLexis Diligence. 31. Protect your
organisation and its corporate reputation with Lexis Diligence. Get
in touch:020 7400 [email protected]
www.lexisnexis.co.uk/risk
