Anti-bribery & corruption services
The new Bribery Act came into force on 1 July 2011. The Act replaces existing legislation with two general offences of bribery, for giving and for receiving, in the UK or abroad. It also introduces a specific offence of bribery of a foreign public official in order to obtain or retain business.
Additionally, it introduces a new strict liability offence if commercial organisations fail to prevent bribery by employees, agents or a person connected to their business. There will be a defence available if the company can show it has adequate procedures in place to prevent bribery. This means companies need to take steps now to review their current anti-bribery procedures so that they have an adequate compliance programme in place.
Risk factors
Companies that do any of the following should take steps to mitigate the risks of bribery:
- use agents to win business, particularly those with unusual payment arrangements.
- deal with customs officials
- rely heavily on tendering to win contracts
- deal with public officials
- operate in high-risk sectors, such as construction, extraction and utilities
- have joint venture arrangements with partners from countries high on the bribe-payers index, such as Russia, India and Brazil
- operate in countries where bribe-taking is more prevalent such as those in Africa and Asia
Our services
Our team can assess requirements and advise on introducing and maintaining effective compliance programmes.
We frequently work with in-house counsel, internal audit and external legal advisers. We can:
- investigate specific bribery allegations
- assist in disclosure exercises
- review compliance programmes
- conduct ethics and anti-bribery training
- undertake surprise forensic audits
- support independent compliance monitors
- undertake higher-risk country visits
- interview staff and agents
- develop effective whistle-blowing hotlines
Contact us
For more information about our forensic investigation services contact David Alexander.