Anti-bribery and corruption—agents and intermediaries
Anti-bribery and corruption—agents and intermediaries

The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:

  • Anti-bribery and corruption—agents and intermediaries
  • What is an agent or intermediary?
  • Application of the law to agents and intermediaries and the risks they present
  • Adequate procedures
  • Data collection
  • Verification and validation of data
  • Evaluation of results, including final check for red flags
  • Ongoing due diligence
  • Due diligence on employees
  • Training staff, agents and intermediaries
  • more

This Practice Note deals with agents and other intermediaries in relation to anti-bribery and corruption. It covers what is an agent or intermediary, how it could put a commercial organisation at risk and the steps you could take to mitigate those associated risks.

What is an agent or intermediary?

Agents and intermediaries are third parties engaged to provide services for or on behalf of the organisation or to represent your interests.

This may include:

  1. business consultants

  2. sales agents

  3. third parties retained in relation to government business or actions

  4. introducers

  5. facilitators

  6. lawyers and other professional advisors, and

  7. other third parties who provide services for or on behalf of an organisation in any capacity

Whether a specific third party relationship is an agent or intermediary relationship is a matter of fact in each case. The determining factor when considering whether to apply anti-bribery and corruption procedures to a third party relationship is the degree to which the third party may act autonomously on behalf of your organisation in interactions with other third parties. You should consider all relevant circumstances.

Application of the law to agents and intermediaries and the risks they present

What is prohibited?

The Bribery Act 2010 (BA 2010) prohibits payments to agents and intermediaries where it is known that all or part of the payment will be used to pay