Policy & procedures

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Under the Bribery Act 2010 (BA 2010) it is an offence to pay or receive a bribe. In addition, BA 2010 includes two offences designed to target commercial bribery:

  1. •

    an offence of bribing a foreign public official

  2. •

    a separate corporate offence of failure to prevent bribery

The corporate offence can be committed by a commercial organisation where a bribe is paid by a person associated with it with the intention of obtaining or retaining business or business advantage for the organisation—see Practice Notes: The Bribery Act 2010—an introductory guide and Failure to prevent bribery—the offence.

An organisation may also face criminal liability where the relevant offence is committed by a senior manager of the organisation where that senior manager was acting within the actual or apparent scope of their authority. For further information, see subtopic: Corporate criminal liability—managing the risk.

It is a defence to the

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