PDF The British Citizen Award Firms should consider carrying out appropriate due diligence on firms they refer work to. In this case the prosecutors will need to show that the person knew or believed that the acceptance would constitute improper performance. It also states that its not the intention of the government to "criminalise behaviour where no such mischief occurs". We have set out below an overview of the key provisions of the UK Bribery Act 2010 (UKBA) as well as key guidance on the operation of the UKBA over the last decade. Do they do business in countries that are at high risk from bribery? [16], Under Section 4, the activity will be considered to be "improperly" performed when the expectation of good faith or impartiality has been breached, or when the function has been performed in a way not expected of a person in a position of trust. Insights, perspectives and viewpoints from our lawyers on topical issues, United Kingdom | Staff raising genuine concerns about payments made to the firm, or associates on its behalf, should know that raising these concerns will not affect their career prospects or lead to disciplinary action. Improper performance occurs when a relevant function is performed in breach of such expectation.8 With regard to the offence of bribing a foreign public official, it is sufficient that the relevant advantage is intended to obtain or retain an advantage in the conduct of business by influencing a foreign public official. It provides information on procedures that firms can put in place to reduce the risk of bribery being carried out for or on their behalf. There is a defence available to this corporate offence to have "adequate procedures" in place to prevent bribery. a person has a close connection with the UK if, and only if, the person was one of the following at the time the acts or omissions concerned were done or made: (a) a British citizen, (b) a British overseas territories citizen, (c) a British . It is prudent for the firm to keep a record of gifts, hospitality and expenses given or received. 13. There has not yet been any judicial interpretation of the Act so the committee felt that discretion would still be needed, depending on the circumstances of each commercial relationship, the underlying principle being that intention is key. What is Anti-Bribery and Corruption Compliance? For work other than personal injury work, you may wish to consider how an introducer is obtaining work that is then referred to you. . You should have an anti-bribery policy if there is a risk . Armed Forces Act 2006 (c. 52) 11. If the retainer makes it clear that the professional firm has been retained on behalf of the firm, then the firm may be liable for any bribe paid. You can find out more about the risks associated with various countries on the Business Anti-Corruption Portal and via the corruption perceptions and bribe-payer's index published by Transparency International and Trace Bribery Risk Matrix. [30] Aisha Anwar and Gavin Deeprose in the Scots Law Times take a similar line, highlighting as particularly problematic areas corporate hospitality and facilitation payments, described as "essentially a form of extortion on the payer and, although not a common feature in the UK, they are commonplace in many foreign jurisdictions", which may fall under the scope of the Act despite being permissible in the commercial world.
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