This Practice Note covers facilitation payments under the Bribery Act 2010 (BA 2010). It explains the meaning of a facilitation payment, sometimes known as a grease payment. It explains why facilitation payments are caught by the anti-bribery law in the UK and deals with active bribery offences and foreign public official offences under BA 2010. It also explains the prosecution principles on facilitation payments and the SFO policy on facilitation payments.
This Practice Note deals with offset arrangements (sometimes known as offset agreements) which arise where an additional investment, payment or other industrial, commercial or economic benefit is offered or required as part of an organisation’s tender, normally as part of a public procurement contract. It includes the different types of offset arrangements including direct offset and indirect offset. It also covers the position under the Bribery Act 2010.
This Practice Note covers what is meant by a commission or commission payment. It includes how a commission might become a bribe an d therefore an offence contrary to the Bribery Act 2010. Specifically it covers payments in relation to the art market, insurance, pharmaceuticals and legal services. It includes identifying where a commission is a bribe.
This Checklist summarises the Sentencing Council’s Guidelines for sentencing corporate offences of bribery, applicable in the Crown Court and magistrates’ court from 1 October 2014. It covers the application of the Guidelines where bribery has been committed by a corporate offender, including the assessment of culpability and harm, the starting point and sentencing range including the multiplier to be applied depending on the category of offending and the aggravating and mitigating factors which can be applied to increase or decrease the sentence imposed.
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