Bribery and corruption

Bribery and corruption guidance:

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It does not cover the...

Practice Note

An agent is a person who performs services for or on behalf of a commercial organisation. The use of agents will principally create risk under the Bribery Act 2010, s 7...

Practice Note

It is an offence to pay or receive a bribe under the Bribery Act 2010 (BA 2010). Companies and partnerships will also commit an offence where a bribe is paid on their...

Practice Note

• Has your company got a clear and forthright code of ethics which explicitly refers to a zero tolerance of bribery and corruption? This code of ethics should reflect the...

Practice Note

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court, and is governed by...

Practice Note

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013 Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the...

Practice Note

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the identification principle...

Practice Note

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. The BA 2010 creates a host of legal considerations in relation to corporate transactions. Whilst the...

Practice Note

Brexit impact—public procurement The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU....

Practice Note

What is a deferred prosecution agreement? A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter...

Practice Note

• Does the company have a due diligence policy which covers all parties to a business relationship, including the company's supply chain, agents, joint venture or similar...

Practice Note

• Any agent or representative of a business should be subject to due diligence • The company will have to make their own inquiries supplementing any information with...

Practice Note

Facilitating the performance of a duty by public officials Facilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid...

Practice Note

Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 This offence can only be committed by relevant commercial organisations (RCOs), not...

Practice Note

What is the FCPA and what does it prohibit? The Foreign and Corrupt Practices Act (FCPA) was enacted in 1977 and amended after complaints from industry that it was...

Practice Note

Click here to download the latest Anti-Corruption Regulation 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...

Practice Note

Required document or actionYes/NoComment/action required Do you have a public, clear and forthright code of ethics and/or anti-bribery and corruption policy which...

Practice Note

Almost every business and everyone involved in the carrying on of a trade incorporates an element of hospitality to existing or potential business partners in some form...

Practice Note

Businesses and their employees must be alert to indicators of corruption. The following checklist identifies indicators of corruption which would normally give rise to an...

Practice Note

The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of bribery. This...

Practice Note

The nature of the offence This Practice Note explains the rules relating to the jurisdiction to try allegations of bribery under the Bribery Act 2010, which depends on...

Practice Note

Offset arrangements arise where an additional investment, payment or other industrial, commercial or economic benefit is offered or required as part of an organisation’s...

Practice Note

Is risk assessment overseen at the highest level in the company? In order to show top level commitment to anti-bribery measures, a company officer or Board member should...

Practice Note

Self-reporting is the process by which a business can report to law enforcement agencies upon its discovery of financial or other wrongdoing within the business, with a...

Practice Note

What must a DPA contain? The statutory requirements for the content of a Deferred Prosecution Agreement (DPA) are found in paragraph 5 of Schedule 17 of the Crime and...

Practice Note

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating...

Practice Note

Background to the Foreign Corrupt Practices Act The US Foreign Corrupt Practices Act (FCPA) is a broad and very well-enforced piece of legislation that has been well...

Practice Note

All commissions constitute the giving of a financial advantage, although they will not necessarily be bribes. Commissions may be facilitation payments, where the...

Practice Note