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    What Is The Act of Bribery According To Section 1 and 2 of Bribery Act?

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    Ayesha Nisar
    Section 1 of the UK Bribery Act defines the offense of bribing another person as offering, promising, or giving a financial or other advantage to induce improper performance of a function or activity. Section 2 defines the offense of being bribed as requesting, agreeing to receive, or accepting a financial advantage for improper performance of a function or activity. Section 7 establishes corporate liability if a person associated with a company bribes another to obtain business or a business advantage for the company, unless the company can prove it had adequate anti-bribery procedures in place. Surveys show bribery varies by public service, with health care most commonly involved due to high usage, followed by police and courts.

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    What Is The Act of Bribery According To Section 1 and 2 of Bribery Act?

    Uploaded by

    Ayesha Nisar
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    Section 1 of the UK Bribery Act defines the offense of bribing another person as offering, promising, or giving a financial or other advantage to induce improper performance of a function or activity. Section 2 defines the offense of being bribed as requesting, agreeing to receive, or accepting a financial advantage for improper performance of a function or activity. Section 7 establishes corporate liability if a person associated with a company bribes another to obtain business or a business advantage for the company, unless the company can prove it had adequate anti-bribery procedures in place. Surveys show bribery varies by public service, with health care most commonly involved due to high usage, followed by police and courts.

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    Section 1 of the UK Bribery Act defines the offense of bribing another person as offering, promising, or giving a financial or other advantage to induce improper performance of a function or activity. Section 2 defines the offense of being bribed as requesting, agreeing to receive, or accepting a financial advantage for improper performance of a function or activity. Section 7 establishes corporate liability if a person associated with a company bribes another to obtain business or a business advantage for the company, unless the company can prove it had adequate anti-bribery procedures in place. Surveys show bribery varies by public service, with health care most commonly involved due to high usage, followed by police and courts.

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    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    32 views2 pages

    What Is The Act of Bribery According To Section 1 and 2 of Bribery Act?

    Uploaded by

    Ayesha Nisar
    Section 1 of the UK Bribery Act defines the offense of bribing another person as offering, promising, or giving a financial or other advantage to induce improper performance of a function or activity. Section 2 defines the offense of being bribed as requesting, agreeing to receive, or accepting a financial advantage for improper performance of a function or activity. Section 7 establishes corporate liability if a person associated with a company bribes another to obtain business or a business advantage for the company, unless the company can prove it had adequate anti-bribery procedures in place. Surveys show bribery varies by public service, with health care most commonly involved due to high usage, followed by police and courts.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
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    What is the act of bribery according to section 1 and 2 of bribery act?

    Bribery act 2010 came into force on 1 July 2011. Section 1 is bribing another person and section 2 is
    being bribed. These 2 section offences can be committed by the individuals or companies. The Act
    has far-reaching implications. The UK regime is, in general, stricter, and broader in scope than the US
    anti-bribery and corruption legislation (the Foreign Corrupt Practices Act 1977). 

    In the offence of bribing another person: A person is guilty of the offence of “bribing another
    person” if they offer, promise, or give (whether directly or indirectly) a financial or other advantage
    to another person: with the intention to induce that person to perform improperly (or reward them
    for the improper performance of) a relevant function or activity.

    Under the offence of being bribed: A person is guilty of the offence of “being bribed” in several
    scenarios but, generally, the offence is committed if they:

     requests agree to receive or accept.

     a financial or other advantage

     for the improper performance of (whether by themselves or another person)

     a relevant function or activity.

    The person requesting the advantage does not have to be the one receiving it. The advantage may
    be received by another person. https://www.stevens-bolton.com/site/insights/publications/the-
    bribery-act-2010-an-overview
    Explain section 7 and its impacts?

    A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”)
    associated with C bribes another person intending—

    (a) to obtain or retain business for C, or


    (b) to obtain or retain an advantage in the conduct of business for C.[3]
    Unless the company, as an affirmative defence, can “prove that [it] had in place adequate
    procedures designed to prevent persons associated with [it] from undertaking such conduct,”[4] it
    faces a criminal fine without statutory limit.
    The Section 7 “failure to prevent” model has proved popular in some quarters. The United Kingdom
    has since used it to craft new criminal offenses for “failure to prevent” facilitation of tax evasion;
    some jurisdictions, such as Bermuda and Kenya, have adopted “failure to prevent” corporate
    offenses closely based on Section 7; and Australia and Ireland are actively considering similar
    legislation.

    Explain the different level of guidance for section 7?

    The guidance notes that the objective of section 7 of the Bribery Act is not to bring the full force of
    the criminal law to bear upon well run commercial organisations that experience an isolated incident
    of bribery on their behalf. Therefore, in recognition of the fact that no bribery prevention regime will
    be capable of preventing bribery at all times and to encourage commercial organisations to put
    procedures in place to prevent bribery by persons associated with them, section 7 provides a full
    defence.
    The guidance notes that a person is associated with a commercial organisation if it performs services
    for or on behalf of that organisation. Although this could include employees, agents and subsidiaries,
    the relationship between the parties will not be the only factor. 

    What is extent of bribery?

    Because surveys focus on individual experience, they reveal differences within countries that are
    obscured by national indexes of corruption. Every survey finds that among people having contact
    with public services, most receive them without paying a bribe. The incidence of bribery varies
    among services. Bribery is highest for health care, because so many people use that service. Once
    contact is taken into account, the police and courts are most often involved. Individuals are not
    consistent bribe-payers; people who pay a bribe for one service are unlikely to pay a bribe for other
    services they use. Thus, the causes of corruption are rooted in particular services that tolerate a
    significant minority of officials extracting bribes.

    Find a relevant case and discuss?

    In a recent case, a holding company pleaded guilty to failing to prevent an associated person bribing
    on its behalf. Its wholly owned Cypriot subsidiary (the ‘associated person’) bribed an overseas
    businessperson (without the holding company knowing) in order to win a major contract that was
    worth £1.6m to the subsidiary. It did this by making payments to him for consultancy services via
    sham companies.

    The holding company later discovered the bribery and reported it to the Serious Fraud Office (one of
    the UK bodies responsible for enforcing UK bribery laws) and was fined £2.35m.

    Whilst the holding company had an anti-bribery statement, an ethics policy and online training (all of
    which applied to the subsidiary), it admitted that these did not amount to ‘adequate procedures.

    The amount of the fine reflected the fact that the bribery had gone on for more than 18 months, and
    the holding company had failed to update its internal governance since the bribery laws came into
    force.

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