4th Meeting

September 23rd 2010Waterfront Bar Bistro, Ipswich

The UK Bribery Act and the considerations for UK exporters – Birketts llp

Special Guest appearance from Mr Damion Potter, Head of Commercial Section, British

Embassy - Moscow

Agenda

23rd September 2010

5pm – 5:25pm Networking

5:25 – 5:30pm Welcome by Jim Fanshawe

5:30 – 5:45pm “The Bribery Act 2010” – Leah Finnegan, Birketts llp

5:45 – 6:00pm “Russia – a modern view” – Damion Potter, British Embassy - Moscow

6:00 – 6:10pm Any Questions?

6:10 – 6:15pm SITG Update – Jim Fanshawe

6:15 – 7pm Buffet & Networking

THE BRIBERY ACT 2010 Leah Finnegan Birketts LLP

WHY NEW LEGISLATION?

• Outdated and confusing legislation

• Difficult to prosecute • Pressure from Organisation for Economic Co-operation and Development (OECD) to update laws

KEY PROVISIONS

• Comes into force in April 2011

• The Act applies to:

– all UK companies, partnerships, citizens or residents

– all foreign companies operating in the UK

– non UK persons where any part of the offence takes part in the UK

OFFENCES

1. Making a bribe – the ‘active offence’the promise or giving of an advantage with the intention of inducing or rewarding the improper performance of a relevant function or activity.

2. Receiving a bribe – the ‘passive offence’The receipt or acceptance of an advantage for the improper performance of a relevant function or activity

‘Improper performance’ breach expectation of impartiality or good faith. Test is whether act breaches what would be expected by a reasonable person in the UK.

OFFENCES (cont.)

3. Bribing a Foreign Public Official

4. ‘Corporate Offence’ of failing to prevent bribery

A company can be held liable for the act of ‘ associated persons’ committing an act of bribery whilst acting on behalf of a company.

PENALTIES

• Fines – unlimited

• Prison

• Debarment from public sector contracts

AREAS OF RISK?

• Use of agents

• Facility payments

• Corporate hospitality

GOVERNMENT GUIDANCE

Sets out key principles for preventing bribery:

• Risk assessment

• Top level commitment

• Due diligence

• Clear, practical and accessible policies and procedures

• Effective implementation

• Monitoring and review

NEXT STEPS

• Review or implement policies and procedures

• Board responsibility

• Employees

• Assess suppliers and sub-contractors

Russia – a modern view

Mr. Damion PotterHead of Commercial SectionBritish Embassy - Moscow

SITG Update

• Website now ready!!!

• www.sitg.org.uk

• Get involved and use it!

• Previous presentations for reference

• Knowledge Database (still being populated)

• Ask the experts forum

• News Section (could contain SITG members news if

appropriate)