Following the introduction of the Bribery Act 2010 effective 1st July 2011, your business may need to have a procedure in place to prevent acts of bribery.

You will only need a procedure if, following a risk assessment,  there is a risk that an agent, subsidiary or other person performing services for your business might carry out acts such as:

• giving someone a financial or other advantage to induce them to perform their functions or activities improperly, or to reward them for having already done so
• bribing a foreign public official in order to win business, keep business or gain a business advantage for the organisation

Failure by your business to prevent a person associated with it from carrying out the above acts on its behalf in order to win business, keep business or gain a business advantage for the organisation will be an offence under the Bribery Act 2010 for which your only defence will be to have adequate procedures in place to prevent bribery on your behalf.

To prevent bribery – and have a defence in case a charge of bribery is made against you – you should:

• assess whether your business is at risk and, if so, the level of that risk
• put in place procedures proportionate to the risk you have identified, the scope and size of your business, and the country/ies in which you do business
• show your clear commitment to the prevention of bribery
• use due diligence to assess who you are dealing with and who you appoint to represent you
• communicate, train and raise awareness among employees and business partners
• monitor and review your procedures

Businesses  may continue:

• providing genuine business hospitality
• carrying out proportionate and reasonable promotional activities