The Bribery Act 2010 reformed the criminal law of corruption in the United Kingdom. It abolished corruption offences that previously existed in the common law and in law and extended the offence of corruption to all private sector transactions in which it was previously limited to transactions with officials and their agents. This expansion makes it important for business organizations and business representatives to be aware of the operation of the new law, particularly with regard to the offence created under Section 7. In accordance with Section 7, paragraph 1, a commercial organization (a registered entity or partnership) incorporated or incorporated in the United Kingdom and/or operating in the United Kingdom commits a criminal offence where a person linked to the United Kingdom has bribed another intention to obtain or retain a commercial activity or benefit in the activity of that business organization. An officer is a person bound by Section 8 (3). In this case, the commercial organization is criminally responsible, unless it can prove, taking into account the probabilities, that it has appropriate procedures to prevent corruption: section 7, paragraph 2. In the event of a conviction, the commercial organisation may be fined permanently and may be excluded from the tender for public procurement. The officer does not need to have a connection to the United Kingdom. According to the government`s explanation of the law, the UK court has jurisdiction as long as the trade organisation is established or established in the United Kingdom and/or operates in the United Kingdom. In Section 9, the Minister of Justice is required to publish guidelines on procedures that trade organizations can initiate to prevent those close to corruption. The current version of the guidelines is available on the Department of Justice website.
The guidelines contain principles that a business organization should take into account when implementing procedures to prevent its agents from bribing. First, the procedures of the business organization must be adapted to the nature and complexity of the activities of the business organization and the risk to which it is exposed. The more complex the organization`s business activities, the more likely it is to have one of its agents bribed another person (for example). B when it operates in countries known for official corruption), the more stringent the procedures must be. However, procedures must be implemented and implemented in a clear, practical, accessible and effective manner. Second, it is essential that the senior management of the trade organization is committed to promoting a culture of anti-corruption. These include the organization`s own risk assessment (see example above), the implementation of due diligence on its representatives, appropriate training to ensure that the above procedures are understood and followed across the organization, and the underutilization of monitoring and verification procedures, so that improvements can be made if necessary.