The Bribery Act 2010 - 6 principles for prevention

A consultation document that includes draft guidance was issued by the Ministry of Justice on 14 September 2010. The consultation ended on 8 November 2010 and a final version of the guidance is due to be issued early next year.

The guidance is designed to help commercial organisations of all sizes and to be of general application, to be used as a flexible guide.

Itsets out six principles for bribery prevention:

1. Risk assessment – Knowing and keeping up to date with the bribery risks you face in your sector and market

2. Top level commitment – establish a culture across the organisation that bribery is unacceptable – make the message clear, unambiguous and regularly to staff and all business partners

3. Due diligence – know who you do business with and why, when and to whom you are releasing funds; seek reciprocal anti-bribery agreements; be in a position to feel confident that business relationships are transparent and ethical

4. Clear, practical and accessible policies and procedures – apply them to everyone you employ and business partners under your effective control and covering all relevant risks such as political and charitable donations, gifts and hospitality, promotional expenses, and responding to demands for facilitation payments when bribery comes to light

5. Effective implementation – go beyond paper compliance to embed anti-bribery in your organisation’s internal controls, recruitment and remuneration policies, operations, communications and training on practical business issues

6. Monitoring and review – this relates to auditing and financial controls that are sensitive to bribery and transparent, considering how regularly you need to review your policies and procedures, and whether external verification would help.

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