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Anti-Bribery Legislation

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Level:
Intended audience:
Solution Store:

Advanced
Anyone working for an organization
Click here to access the templates

Introduction

 UK Bribery Act 2010

Described as "the toughest anti-corruption legislation in the world" (Breslin (2010) p.362), the UK Bribery Act came into force on the 1st July 2011 and covers the criminal law relating to bribery. The Act lists the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf.

The penalties for committing a crime under the Act are a maximum of 10 years' imprisonment, along with an unlimited fine, and the potential for the confiscation of property under the Proceeds of Crime Act 2002, as well as the disqualification of directors under the Company Directors Disqualification Act 1986. The Act has a near-universal jurisdiction, allowing for the prosecution of an individual or company with links to the United Kingdom, regardless of where the crime occurred.

FCPA

The Foreign Corrupt Practices Act of 1977 (FCPA) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.

The Securities and Exchange Commission (SEC) and the Department of Justice are both responsible for enforcing the FCPA. This is because the FCPA both amends an SEC Act and the criminal code. The SEC enforces the Act for companies it regulates and the Department of Justice enforces the bill regarding all other domestic companies.

BBA Guidance

The British Bankers’ Association (BBA) has provided anti-bribery and corruption guidance intended to help to meet legal and regulatory requirements for preventing bribery and corruption. 

Key Benefits

Here are the key benefits of the RequirementONE anti-bribery Solution.

Improved Compliance

Reduce the time and expense of implementing anti-bribery legislation. Reduce risk within current programs by identifying areas for improvement.

Collaboration

The Framework creates a common language for the discussion of bribery issues that can facilitate internal and external collaboration.

Mapping Controls and Policies

Individual controls and policies may apply to numerous frameworks. These can be maintained as an interlinked set of procedures to avoid duplication of effort.

A Single Point of Truth

Each compliance element is stored as a record and can be updated, commented, controlled and audited individually. Data is accessible to all stakeholders with no version control issues.

Dependency Linking

All links and interfaces can be defined and maintained showing dependencies between various policies.

Reporting

Track the progress of anti-bribery projects. In-line analytics highlight gaps in data protection, traceability of changes and status of anti-bribery efforts.

Auditing

Internal and External audit teams benefit from a specialized interface with full visibility to review and evaluate procedures.

Typical Use Cases

Here is a typical, but not exhaustive, list of roles and associated use cases that would interact with this solution.

Role Use Case
End users
  • Consume the latest policies
Compliance team
  • Use the framework as a guide to implement the relevant controls and policies
Executive
  • Roadmap to achieve or improve data protection

Templates

These apps and templates are used for the solution.

What Description
Plan
Implementing Anti-Bribery Policies In Your Organization A plan to help businesses implement Anti-Bribery Policies. Use this plan to ensure that your organizations Policies, Controls, Procedures, Risk Management and Training are fit for purpose.

GET STARTED
1) Download the Implementing Anti-Bribery Policies In Your Organization plan from the Solution Store
2) Assign each task to a member of the team.
3) Follow each step of the plan according to the plan instructions.
Specification 
UK Bribery Act 2010

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A specification containing the UK Bribery Act 2010. Use this specification to ensure that your organizations Policies, Controls and Procedures are fit for purpose.

GET STARTED
1) Download the UK Bribery Act 2010 specification from the Solution Store
2) For each Bribery Act record:
* Review it, set the Reviewed custom field to "Yes". If it needs to be reviewed later, set it to "No"
* If the record needs to be included in your policies, controls and procedures, set the Internal Documentation custom field to "Yes", else "No".
3) Link relevant Policy, Control and Procedure records to each record.
4) Use filters and reporting to identify gaps 
USA Foreign Corrupt Practices Act (FCPA) of 1977

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A specification containing the USA Foreign Corrupt Practices Act (FCPA) of 1977. Use this specification to ensure that your organizations Policies, Controls and Procedures are fit for purpose.

GET STARTED
1) Download the USA Foreign Corrupt Practices Act (FCPA) of 1977 specification from the Solution Store
2) For each record:
* Review it, set the Reviewed custom field to "Yes". If it needs to be reviewed later, set it to "No"
* If the record needs to be included in your policies, controls and procedures, set the Internal Documentation custom field to "Yes", else "No".
3) Link relevant Policy, Control and Procedure records to each record.
4) Use filters and reporting to identify gaps 
BBA Anti-Bribery and Corruption Guidance 2014

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A specification containing the BBA Anti-Bribery and Corruption Guidance 2014. Use this specification to understand best practice guidance on the anti-bribery legislation, specifically focused on the banking sector.

GET STARTED
1) Download the BBA Anti-Bribery and Corruption Guidance 2014 specification from the Solution Store
2) Read the guidance. Using the 'Reviewed' custom field, mark the ones you have reviewed
3) If you believe it needs to be reflected in your Policies, Controls or Procedures, set the 'Internal Documentation' custom field to "Yes", else "No".
4) For the records where 'Internal Documentation' is set to "Yes", Link them to the appropriate records, or record placeholders using the 'Link to Requirement' functionality.
5) Use the Traceability function to verify that the Policy, Control and Procedure records to which the guidance has been linked have been completed.
Sample Policies

 

A specification containing the Sample Policies. Use this specification to access sample policies which can be adapted to meet your business and legislative needs.

GET STARTED
1) Download the Sample Policies specification from the Solution Store
2) Rename the specification to 'Policies'
3) Either use the sample policies as a starting point, or import your existing policies, and use the sample policy records to cross-check, sanity check and augment them.
4) Use the custom fields to keep track of the Policy status
5) Assign Owners, Reviewers and Approvers to each Policy
6) Set up a Review and Training Schedule to ensure your policies are constantly up to date, and everyone is aware of them.


Getting started

  1. Select an existing, or create a new project
  2. Click on the Solution Store, and select the Anti-bribery templates
  3. Once you have the templates, add your custom data and work through the plan.

Additional notes

Combine Anti-bribery templates with other compliance frameworks to provide a holistic Compliance solution for your organization. 

Related links

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