Bribery Act 2010
The Bribery Act 2010 is designed to repeal and replace old laws on bribery with a new coherent law which will allow prosecutors to respond more effectively.
The Bribery Act 2010 outlines the following offences:
- To make or receive a bribe
- Bribery of a foreign public official
- Corporate offence of failing to prevent bribery (Section 7)
Crucially the Act covers some aspects of corporate hospitality and facilitation payments. Charities need to be aware of the implications of the Act for some of the work they do, particularly internationally where the risk of bribery and corruption is arguably higher.
In 2010 The Ministry of Justice consulted on guidance principles that help commercial organisations to put in place 'adequate procedures' to prevent bribery, which will be a defence to section 7 of the Act.
CFG responded to this consultation and asked the Ministry of Justice to clarify the position for charities and section 7, as many charitable organsiations do not perceive themselves to be commercial organisations. However, it is clear that the activities of trading subsidiaries will be caught by the section 7 offence. The guidance principles also form a good basis for developing anti-corruption procedures in any organisation.
CFG has been working with Transparency International, Mango and a group of INGOs within the Bond network, in order to produce a set of guidance principles for the charity sector. These can be found below.
Anti-Bribery Principles and Guidance for NGOs
Bribery Act 2010
Ministry of Justice Guidance Principles
Serious Fraud Office and Director of Public Prosecutions joint prosecution guidance