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BRIBERY ACT 2010

Nicholas Yeo

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The Bribery Act 2010

Enacted 8 April 2010

In Force?

Response to international pressure

OECD

Transparency International

Single Act to replace old law

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Scope - Global

Nationality

British national or

Ordinarily resident in the UK

Corporate

Conduct

Or any act or omission which forms part of the

offence occurs within the UK Commercial organisations for s7

Business presence in the UK

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ScopePerson

Offences committed by a person

Natural individual

Legal corporation

Identification: directing mind and will of thecompany is guilty then company can be guilty

Any senior officer who consented or connived

For the failure to prevent offence s7: anyassociated person who carries out services forthe commercial organisation

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Functions to which a bribe relates

One of

function of a public nature,

connected with a business,

in the course of a person's employment,

performed by or on behalf of a body of persons(whether corporate or unincorporate).

AND that a person performing it:

is expected to perform it in good faith.

is expected to perform it impartially.

is in a position of trust by virtue of performing it.

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Key Concept

Improper Performance

(a) is performed improperly if it is performed inbreach of a relevant expectation, and

(b) is to be treated as being performed improperlyif there is a failure to perform the function oractivity and that failure is itself a breach of arelevant expectation.

What a reasonable person in the UK wouldexpect in relation to the performance of thetype of function or activity

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Offences

Paying a bribe

Induce a person to perform function improperly

OR person know that accepting the bribe would

be improper

Receiving a bribe

Bribing a foreign public official

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Facilitation payments

Payments to facilitate proper performance

Versus to induce improper performance

But improper to accept the payment?

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Corporate Hospitality

Most routine and inexpensive hospitality

would be unlikely to lead to a reasonable

expectation of improper conduct.

Sporting events where host is present/not

present?

Branded mousemats> Branded iPads?

Lobbying

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Criminal not Regulatory

Lack of defence not to have adequateprocedures

So

Co with worst procedures gets off whilst unluckyone with imperfect ones is punished

Need a jury not a regulator to determineadequacy of procedures

Imports confiscation regime, SCPO, FRO etc

Foundation for money laundering

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Adequate Procedures

Awaiting Guidance

Risk Assessment

Top-level Commitment

Due Diligence

Clear Practical and Accessible policies and

procedures

Effective Implementation

Monitoring and Review

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Bribery Act 2010

Global Scope

Corporate liability

Includes facilitation payments S7 Failure to prevent

Need adequate procedures

Await guidance

Relevant to sector

Relevant to organisation

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BRIBERY ACT 2010

Nicholas Yeo