Topic Video Title Completed?
The development of an Defining Bribery and Yes
International Legal corruption
Response to Bribery and International Responses to Yes
Corruption Bribery and Corruption
The Bribery Act 2010 The Genesis of the Bribery Yes
Act 2010
Criminal Offences Under the Yes
Bribery Act 2010
The Corporate Offence
under the Bribery Act 2010
The Rationale of the
Corporate Offence
Implementation of the Corporate Bribery and Yes
Bribery Act 2010 Corruption: The BA 2010 –
Implementation
Corporate Bribery and Yes
Corruption: The BA 2010 –
Implementation: Some
Particular Problems
International Effect of the Corporate Bribery and Yes
Bribery Act 2010 Corruption: The BA 2010 –
International Effect
Enforcement of the Bribery Corporate Bribery and Yes
Act 2010 Corruption: Enforcement –
Deferred Prosecution
Agreements
Corporate Bribery and Yes
Corruption: Enforcement
Contemporary Issues in Business Enterprise
Defining Bribery
LOs:
- Gain initial understanding of what bribery and corruption are
- Develop knowledge around why intervention is necessary
What is it and why does it matter?
e.g. BAE systems and seimens bribery
Defining Bribery and Corruption:
UK Government Anti-Corruption Strategy 2017 to 2022:
, - “The abuse of office and position to benefit a third party (an individual, business or
other organisation), in return for payment or other reward”
Transparency International:
- “The misuse of entrusted power for personal gain”
Bribery: giving or receiving something of value to influence a transaction
Illegal gratuity: giving or receiving something of value after a transaction is completed, in
acknowledgement of some influence over the transaction
Kickback: portion of the value of the contract demanded as a bribe by an official for securing
the contract
Only distinction between criminal bribery and legitimate business activities eg corporate
hospitality is the nature of the situation, but fundamentally about the mental state of the
giver or the receiver of the bribe
Summing up:
- Bribery is a sub-set of corruption
- Corruption as the system, bribery as the act
o e.g. corruption could be nepotism, extortion (acting for personal benefit)
- Corruption is shorthand a broader concept/wider range of acts
- Public/Private divide
o Much easier to identify the issue of bribing public officials
Less obvious in private
Harder to see the immediate victim
o Recognise the divide as traditionally the focus was always on public officials
Still is generally the case now
Why does this matter?
- Home Secretary – 10th November 2016
o “Corruption doesn’t only undermine trust in governments and institutions. It
distorts markets and destroys economic growth. It fuels instability and
terrorism and keeps organised crime groups in business”
- Distortion of the free market economy
o Undermines competition
- Undermines confidence in provision
- Victim of purely private bribery (if no one else) will always be the company itself as a
legal entity
o Use of funds to pay bribes is diverting profits illegitimate use of corporate
funds company is the victim
- Diminishes the quality of the service or the product
o If competition is no longer a concern regardless of the quality of product,
standards will be lowered
o Feeds into loss in public confidence
- PWC 2016 Annual Global CEO Survey
, o “55% of CEOs polled in 83 countries reported being concerned about bribery
and corruption as a business threat to growth prospects”
- Global cost of corruption is estimated to be more than 2% of global GDP ($1.5bn to
$2tn)
The International Response to Bribery and Corruption
LOs
- Gain overview of the developing international response to bribery and corruption
- Articulate the key elements of that response
The International Response:
- OECD Convention 1997
- CoE Criminal Law Convention on Corruption 1999
- UN Convention Against Corruption 2003
OECD Convention on Combatting Bribery of Foreign public officials in international business
transactions 1997
- It is limited in scope because it’s just focussed on a narrow range of individuals
- Starting point
o Walk before you can run
- Established legally binding standards
o Criminalised bribery of foreign public officials in international business
transactions
- First international instrument that focussed on the supply side of the bribery
transaction
o Captures the providing of the bribe rather than the ‘asking’ for the bribe
- Including an array of public officials
o Including beyond simply political
- Ensured that we could more readily trace bribery activities
o Accounting made more important
Harder to keep off the books
- Developed a range of other legal powers
o Required state parties to recognise bribery and corruption as an extraditable
offence
- Required states to make bribing a public official as a predicative offence to money
laundering
o Must be an offence that forms part of the anti-money laundering legislation
Had a huge no of consequences
Due diligence requirements and suspicious activity reports
kicked in
- Fairly simple but limited
Council of Europe Criminal Law Convention on Corruption 1999
- Ratified by UK in late 2003
The development of an Defining Bribery and Yes
International Legal corruption
Response to Bribery and International Responses to Yes
Corruption Bribery and Corruption
The Bribery Act 2010 The Genesis of the Bribery Yes
Act 2010
Criminal Offences Under the Yes
Bribery Act 2010
The Corporate Offence
under the Bribery Act 2010
The Rationale of the
Corporate Offence
Implementation of the Corporate Bribery and Yes
Bribery Act 2010 Corruption: The BA 2010 –
Implementation
Corporate Bribery and Yes
Corruption: The BA 2010 –
Implementation: Some
Particular Problems
International Effect of the Corporate Bribery and Yes
Bribery Act 2010 Corruption: The BA 2010 –
International Effect
Enforcement of the Bribery Corporate Bribery and Yes
Act 2010 Corruption: Enforcement –
Deferred Prosecution
Agreements
Corporate Bribery and Yes
Corruption: Enforcement
Contemporary Issues in Business Enterprise
Defining Bribery
LOs:
- Gain initial understanding of what bribery and corruption are
- Develop knowledge around why intervention is necessary
What is it and why does it matter?
e.g. BAE systems and seimens bribery
Defining Bribery and Corruption:
UK Government Anti-Corruption Strategy 2017 to 2022:
, - “The abuse of office and position to benefit a third party (an individual, business or
other organisation), in return for payment or other reward”
Transparency International:
- “The misuse of entrusted power for personal gain”
Bribery: giving or receiving something of value to influence a transaction
Illegal gratuity: giving or receiving something of value after a transaction is completed, in
acknowledgement of some influence over the transaction
Kickback: portion of the value of the contract demanded as a bribe by an official for securing
the contract
Only distinction between criminal bribery and legitimate business activities eg corporate
hospitality is the nature of the situation, but fundamentally about the mental state of the
giver or the receiver of the bribe
Summing up:
- Bribery is a sub-set of corruption
- Corruption as the system, bribery as the act
o e.g. corruption could be nepotism, extortion (acting for personal benefit)
- Corruption is shorthand a broader concept/wider range of acts
- Public/Private divide
o Much easier to identify the issue of bribing public officials
Less obvious in private
Harder to see the immediate victim
o Recognise the divide as traditionally the focus was always on public officials
Still is generally the case now
Why does this matter?
- Home Secretary – 10th November 2016
o “Corruption doesn’t only undermine trust in governments and institutions. It
distorts markets and destroys economic growth. It fuels instability and
terrorism and keeps organised crime groups in business”
- Distortion of the free market economy
o Undermines competition
- Undermines confidence in provision
- Victim of purely private bribery (if no one else) will always be the company itself as a
legal entity
o Use of funds to pay bribes is diverting profits illegitimate use of corporate
funds company is the victim
- Diminishes the quality of the service or the product
o If competition is no longer a concern regardless of the quality of product,
standards will be lowered
o Feeds into loss in public confidence
- PWC 2016 Annual Global CEO Survey
, o “55% of CEOs polled in 83 countries reported being concerned about bribery
and corruption as a business threat to growth prospects”
- Global cost of corruption is estimated to be more than 2% of global GDP ($1.5bn to
$2tn)
The International Response to Bribery and Corruption
LOs
- Gain overview of the developing international response to bribery and corruption
- Articulate the key elements of that response
The International Response:
- OECD Convention 1997
- CoE Criminal Law Convention on Corruption 1999
- UN Convention Against Corruption 2003
OECD Convention on Combatting Bribery of Foreign public officials in international business
transactions 1997
- It is limited in scope because it’s just focussed on a narrow range of individuals
- Starting point
o Walk before you can run
- Established legally binding standards
o Criminalised bribery of foreign public officials in international business
transactions
- First international instrument that focussed on the supply side of the bribery
transaction
o Captures the providing of the bribe rather than the ‘asking’ for the bribe
- Including an array of public officials
o Including beyond simply political
- Ensured that we could more readily trace bribery activities
o Accounting made more important
Harder to keep off the books
- Developed a range of other legal powers
o Required state parties to recognise bribery and corruption as an extraditable
offence
- Required states to make bribing a public official as a predicative offence to money
laundering
o Must be an offence that forms part of the anti-money laundering legislation
Had a huge no of consequences
Due diligence requirements and suspicious activity reports
kicked in
- Fairly simple but limited
Council of Europe Criminal Law Convention on Corruption 1999
- Ratified by UK in late 2003
