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Checklist For New Bribery Act- 31/03/2011
With the new Bribery Act due to come into force on 1 July, following the Government’s announcement on 30 March 2011, law firm FBC Manby Bowdler has prepared a checklist for businesses to help them avoid falling foul of the new legislation.
David Campbell, FBC Manby Bowdler’s business and regulatory crime specialist, says that to defend themselves against any accusations, organisations need to ensure that they have “adequate procedures” in place to prevent bribery.
These are:
(a) Conduct a risk assessment i.e. think about the bribery risks that you might face.
(b) Any action you take should be proportionate to the risk your organisation faces and the size of your business.
(c) Know exactly who you are dealing with to help protect your organisation from taking on people who might be less than trustworthy.
(d) There should be a top level commitment. Senior managers need to be active in making sure that staff understand that you do not tolerate bribery.
(e) Communicate policies and procedures to staff.
(f) Monitor and review by keeping an eye on the anti-bribery steps you have taken, so that you can keep pace with any changes in the bribery risks you face when, for example, you enter new markets.
Mr Campbell, an associate in FBC Manby Bowdler’s Wolverhampton Litigation Department, says: “It’s not just its own employees which an organisation has to worry about. It could also be liable where someone who performs services for it, such as an agent, pays a bribe specifically to get business, keep business or gain a business advantage for the organisation.
“Normal promotional or other business expenditure should be unaffected, but managers need to ensure that any hospitality is proportionate and reasonable, given the sort of business engaged in.”
Mr Campbell advises on all manner of “white collar” crime, including bribery and advises clients facing investigation by the Police, as well as by regulatory bodies such as Councils, Fire Authorities, the Health and Safety Executive, the Environment Agency and others. He can be contacted on tel. 01902 578041 or by email d.campbell@fbcmb.co.uk or via www.fbcmb.co.uk