Bribery and corruption risk management guide

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Bribery and corruption risk management guide
  • Why you need to manage this risk
  • Top five priorities
  • 1. Risk assessment
  • Risk assessment—mini checklist
  • 2. Due diligence—agents and intermediaries
  • Due diligence—mini checklist
  • 3. Charitable and political donations
  • Charitable and political donations—mini checklist
  • 4. Gifts and hospitality
  • More...

Bribery and corruption risk management guide

Why you need to manage this risk

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. It includes corporate offences of failure to prevent bribery and corruption.

There’s only one defence—when the bribery or corruption offence was committed your organisation had adequate procedures in place to prevent bribery.

The BA 2010 failure to prevent offence has been the foundation on which a number of recent laws providing for corporate liability for economic crime have been built, eg failure to prevent the facilitation of tax evasion.

You need to make sure your organisation has adequate procedures in place covering your employees, agents and intermediaries, unless you’ve conducted a risk assessment and concluded anti-bribery and corruption procedures aren’t required—a brave step.

The Ministry of Justice (MOJ) published guidance for organisations on the corporate offence, which sets out six principles that should inform your anti-bribery and corruption procedures:

  1. proportionate procedures

  2. top-level commitment

  3. risk assessment

  4. due diligence

  5. communication, including training

  6. monitoring and review

Why should you care? Your organisation’s reputation is its livelihood. If that’s not enough of a carrot, the hefty fines for getting this wrong should do the trick; the £2.25m fine for the Sweett Group in 2016 is just one of a number of pretty frightening examples.

Top five priorities

The table below identifies five key priorities for bribery and corruption risk management and

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