The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
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.
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:
third parties retained in relation to government business or actions
lawyers and other professional advisors, and
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.
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 bribes.
'Knowing' includes more than actual knowledge—liability can be based on:
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