Transcript DCA
The Bribery Act 2010 Design and Practice Roderick Macauley OUTLINE • Design - policy drivers and key features • Policy and Practice – functional issues • Section 9 guidance - the six principles DESIGN DRIVERS • The global cost of bribery • Effective enforcement - mainstream criminal law • Ethical standard setting DESIGN - The offences Section 1 – general active offence • bribery is an inducement to perform a function improperly. • Test is what a reasonable person in the UK would expect and Local customs and practices are not to be taken into account. Section 6 bribery of a foreign public official • Bribery in order to influence an FPO and thereby obtain or retain business. • Only be lawful if the written law applicable to the FPO requires or permits them to be influenced by the advantage. Section 7 – corporate failure to prevent • A ‘commercial organisation’ fails to prevent a person “associated” with it paying a bribe (section 1 or 6) with the intention of obtaining business or business advantage for the organisation. The organisation will have a full defence if can show it has “adequate” bribery prevention procedures in place. Policy and Practice – functional issues • “Commercial Organisation” • “Associated” person • Hospitality and promotional expenditure • Facilitation payments Section 9 guidance - the six principles • “Adequate procedures” - prevention not protection • Proportionality - size, structure, risk • The principles - key features • Case studies • Quick Start Guide