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

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

  • Anti-bribery and corruption—agents and intermediaries FAQs
  • Who are agents and intermediaries?
  • How can an agent/intermediary put [insert organisation name] at risk?
  • How do bribery laws apply to agents and intermediaries?
  • What are our responsibilities in relation to agents and intermediaries?
  • How should we conduct agent and intermediary due diligence?
  • What sort of provisions should be included in a contract with an agent/intermediary?
  • How can we avoid liability for bribery by an agent/intermediary when we do not control their actions?
  • What should I do if an agent/intermediary fails to co-operate fully with our due diligence process?
  • What happens if due diligence reveals a red flag?
  • more

We run our business[es] with integrity. All of us must work together to ensure our business[es] remain[s]. untainted by bribery and corruption.

This FAQ document, which is integral to that effort, guides us on how we can best achieve our business goals in a way that is consistent with our commitment to counter bribery and corruption.

Who are agents and intermediaries?

Agents and intermediaries are third parties engaged to provide services for or on behalf of [insert organisation’s name] or represent our interests.

They may include any and all:

  1. business consultants

  2. sales agents

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

  4. introducers, facilitators or other third parties who may provide services for or on behalf of [insert organisation’s name] in any capacity

Our [Agents and intermediaries policy] further describes and provides examples of agents and intermediaries.

How can an agent/intermediary put [insert organisation name] at risk?

Agents and intermediaries are ‘associated persons’ within the meaning of section 8 of the Bribery Act 2010 (BA 2010).

If an agent/intermediary bribes another person intending to obtain or retain business, or an advantage in the conduct of business for [insert organisation name], we will be guilty of an offence unless we