Excerpt - The Bribery Act 2010: Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010) (?Government Guidance')

AuthorStuart H Deming; Truman K Butler; Vivian Robinson
Pages107-123
107
* * *
The Six Principles
The Government considers that procedures put in place by commercial
organisations wishing to prevent bribery being committed on their behalf
should be informed by six principles. These are set out below. Commen-
tary and guidance on what procedures the application of the principles may
produce accompanies each principle.
Appendix B
Excerpt - The Bribery Act 2010:
Guidance about procedures which
relevant commercial organisations
can put into place to prevent persons
associated with them from bribing
(section 9 of the Bribery Act 2010)
(‘Government Guidance’)**
**Ministry of Justice, The Bribery Act 2010: Guidance about procedures which relevant
commercial organisations can put in place to prevent persons associated with them from
bribery (2011), available at http://www.justice.gov.uk/downloads/legislation/bribery-act-
2010-guidance.pdf.
FCPAUKBriberyAct_02-Appendix-BM.indd 107 7/18/19 10:17 AM
Appendix B108
These principles are not prescriptive. They are intended to be exible
and outcome focussed, allowing for the huge variety of circumstances that
commercial organisations nd themselves in. Small organisations will, for
example, face different challenges to those faced by large multi-national
enterprises. Accordingly, the detail of how organisations might apply these
principles, taken as a whole, will vary, but the outcome should always be
robust and effective anti-bribery procedures.
As set out in more detail below, bribery prevention procedures should
be proportionate to risk. Although commercial organisations with entirely
domestic operations may require bribery prevention procedures, we believe
that as a general proposition they will face lower risks of bribery on their
behalf by associated persons than the risks that operate in foreign markets.
In any event procedures put in place to mitigate domestic bribery risks are
likely to be similar if not the same as those designed to mitigate those asso-
ciated with foreign markets.
A series of case studies based on hypothetical scenarios is provided at
[the end]. These are designed to illustrate the application of the principles
for small, medium and large organisations.
Principle 1
Proportionate Procedures
A commercial organisation’s procedures to prevent bribery by persons associ-
ated with it are proportionate to the bribery risks it faces and to the nature,
scale and complexity of the commercial organisation’s activities. They are
also clear, practical, accessible, effectively implemented and enforced.
Commentary
1.1 The term ‘procedures’ is used in this guidance to embrace both
bribery prevention policies and the procedures which implement them.
Policies articulate a commercial organisation’s anti-bribery stance,
show how it will be maintained and help to create an anti-bribery
culture. They are therefore a necessary measure in the prevention of
bribery, but they will not achieve that objective unless they are properly
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