Commercial anti-corruption policies

Commercial organisations need to assess whether they have adequate procedures to ensure that they are not involved in bribery and corruption so that they do not incur liability under section 7 the Bribery Act 2010 (BA 2010), which was implemented on 1 July 2011. It is widely accepted that corruption causes poverty and suffering, inhibits economic growth, damages business both financially and in relation to reputation. A failure to implement adequate procedures may result in criminal and civil liability and penalties for organisations and individuals. 

Most major companies already have an anti-corruption policy which should be reviewed regularly to ensure that it is fit for purpose. The commercial policy should be adopted ahead of the recruitment of key members of staff. 

The purpose of a systematic anti-corruption policy is to: 

• Prevent corruption, by having adequate anti-corruption procedures.
• Monitor and identify corruption.
• Respond appropriately if corruption is uncovered by disciplining staff, reviewing procedures and avoiding or mitigating criminal liability.

Such a policy should apply to the company and its employees as well as its dealings with business partners and other parties. The policy will vary depending on the following: 

• Size of the company.
• Value of transactions.
• Sectors and jurisdictions in which the company operates.
• Perception of risk. 

While many organisations already have in place policies and procedures designed to protect them from liability under the FCPA, those existing policies need reviewing in the light of the Bribery Act 2010 (BA 2010) which came into force on 1 July 2011. Prior to then, the law criminalised bribery of persons from a public body or an agent of a principal. Overall, this law sets out the offences of bribing another person and in the event you may be receiving a bribe from another party. The 2010 act also outlines new offences of bribing a foreign public official and instances where commercial organisations fail to prevent bribery.