The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
The Ministry of Justice (MoJ) issued guidance which is formulated around six guiding principles. These principles, particularly principle 3, make it clear that you should adopt a risk-based approach to managing bribery risks. Adequate anti-bribery procedures should be proportionate to the bribery risks you face. In order to do this, you will need to identify those risks. You should therefore perform a risk assessment across your business as a first step (see Precedent: Bribery and corruption—risk assessment).
To a certain extent the level of risk you face will be linked to the:
size of your organisation
type and nature of the persons associated with it, and
nature and complexity of your business
This Practice Note explains common risk areas you should consider. They include:
gifts and hospitality
agents and intermediaries
joint ventures and acquisitions
charitable and political donations
Subtopic: Gifts and hospitality provides guidance on the bribery risks associated with gifts and hospitality and what adequate procedures might look like, and contains various related Precedents. See Practice Note: Anti-bribery and corruption—gifts and hospitality.
The potential offences that can be committed in the provision of gifts and/or hospitality are:
bribing another person (Bribery Act 2010 (BA 2010))
bribing a foreign public official (BA 2010, s 6)
as a corporate body, failing to prevent bribery (BA 2010, s 7)
Assistance has been provided in
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
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This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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