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The UK Bribery Act 2010 - Coggle Diagram
The UK Bribery Act 2010
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UK companies must ensure that they have internal controls sufficient to prevent bribery by any of its employees or agents or detecting bribery when it occurs
The Act recognised that it is impossible to prevent bribery at all times and a valid defence against a charge of failing to prevent a bribe being paid on its behalf will be evidence that procedures were in place to prevent bribery
6 principles
Proportionate procedures
The procedures of a commercial organisation to prevent bribery by people associated with it should be proportionate to the risk of bribery that it faces and the nature and scale of its commercial activities
Top level commitment
Top level management should be committed to preventing bribery and should foster a culture in their organisation in which bribery is considered unacceptable
Risk assessment
There should be periodic, informed and regular assessment by the organisation of the nature and extent of potential bribery by people associated with it
Due diligence
There should be due diligence of third party intermediaries and local agents who will act on behalf of the organisation with a view to identifying and mitigating bribery risk
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Monitoring and review
There should be monitoring and review of the procedures designed to prevent bribery and improvements should be made where weaknesses are detected
A company could avoid conviction of failing to prevent bribery if it can show that although bribery may have occurred, it has in place adequate processes to prevent bribery
Having suitable whistleblowing procedures could be a sufficient defence against a criminal charge, provided that the company can demonstrate that the procedures work well in practice
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