Bribery Flashcards
What is key legislation relating to gifts and bribery?
The Bribery Act 2010
What are offences under the Bribery Act 2010?
1) B - Bribing
2) R - Receiving a bribe
3) B - Bribing a foreign public official (FPO)
4) F - Failing to prevent bribery
What is a bribe?
Giving, offering, promising or receiving an advantage (e.g payment, gift or service) for an illegal action or breach of trust.
What are the penalties for bribery?
The Bribery Act is policed by Serious Fraud Office. If the Act is breached there is a maximum sentence of 10 years imprisonment and/or unlimited fine for individuals or unlimited fine for companies.
What are the principles of the Bribery Act 2010?
1) Proportionality
2) Top-Level Commitment
3) Risk Assessment
4) Due Diligence
5) Communication
6) Monitoring and Review
When dealing with gifts or hospitality what should you consider?
● Bribery Act 2010
● RICS Rules of Conduct (Professional objectivity, openness and transparency)
● RICS Professional Standard : Countering bribery and corruption, money laundering and terrorist financing 2019
● The RICS Ethics Decisions Tree
● Firms’ procedures compliance
● Proportionality
● Sanctions
● Tax implications
● Use of Gifts / Hospitality registers
● Openness and transparency
What are your company’s Anti-Bribery / Hospitality polices?
● Allows normal and appropriate hospitality (must be proportionate)
● Allows giving or receiving of gifts of a reasonable value (£20) – where no business advantage is sought
● Approval from line manager
● Must record gifts / hospitality in the gift register
What RICS guidance is there on bribery?
RICS Professional Standard : Countering bribery and corruption, money laundering and terrorist financing 2019
What would you were announced as a random prize winner of an ipad at a contractor event?
I would not be comfortable accepting the prize as it is expensive (not proportional) and could be interpreted as a bribe. I would decline the prize and suggest it is given as a charitable donation. I would inform my line manager and record in the gift / hospitality register.
I am aware that bribes are commonly distributed as random prizes.
Summarise the RICS Professional Standard : Countering bribery and corruption, money laundering and terrorist financing 2019, in terms of bribery and corruption?
RICS regulated firm must:
● Not offer or accept a bribe
● Have procedures in place to comply with the law
● Report suspicion to the relevant authority – Serious Fraud Office
● Retain records of how the firm has met the requirements of the professional statement
RICS Members must:
● Not offer or accept a bribe
● Training
● Report any activity to the relevant authorities
How do you ensure that you comply with bribery legislation?
1) Ensure I comply with my firm’s policies:
● Allows normal and appropriate hospitality (must be proportionate)
● Allows giving or receiving of gifts of a reasonable value (£20) – where no business advantage is sought
● Approval from line manager
● Must record gifts / hospitality in the gift register
2) I keep up to date with anti bribery and corruption leguislation / standards (Bribery Act 2010 / RICS Professional Standard: Counterinr Bribery and Corruption, Money Laundering and Terrorist Financing 2019)
3) Looking out for red flags
4) I do not offer or accept, directly or indirectly anything that could be a bribe
5) Ensure any breaches of anti-bribery and corruption laws are reported to the relevant authorities (Serious Fraud Office)
How do you ensure you comply with your firm’s bribery and gifts policy?
● Allows normal and appropriate hospitality (must be proportionate)
● Allows giving or receiving of gifts of a reasonable value (£20) – where no business advantage is sought
● Approval from line manager
● Must record gifts / hospitality in the gift register
Tell me about an instance of when you have been offered a gift or hospitality by a client.
Cardiff Airport - During the tender period I was invited to attend a hospitality event by one of the tendering contractors, with whom I had a good working relationship.
Recognising acceptance of the offer may compromise a fair tender process, I
politely declined and explained my reasoning.
Why did you not accept the hospitality offer in the Cardiff Airport project?
● Accepting hospitality by a tenderer in the middle of a tender process is against my companies policy and could be an offence under the UK bribery act
● It could be seen to be affecting my impartiality
● It was of high value (over £20 stated in my company’s policy) and could have been interpreted as a bribe
● Accepting it would have been highly inappropriate and could be interpreted as having an effect on my business conduct during the project
Would you ever accept a gift or hospitality?
Yes, but only in accordance with my firm’s policy and the Bribery Act 2010.
● If the offer was not during a tender process
● Of proportional value (generally £20)
● Approved by my line manager
● Recorded on the gifts and hospitality register
