What the law addresses.
WHAT BRIBERY IS
Offering, giving, requesting or receiving something of value to improperly influence a decision.
WHAT IT COVERS
Money Gifts and hospitality beyond the ordinary Employment or contracts for relatives Favours and reciprocal arrangements Anything of value
WHY VALUE IS BROADER THAN MONEY
The form does not change the substance.
WHO IT APPLIES TO
Public officials Private parties, in many jurisdictions Both the giver and the receiver
WHY PRIVATE BRIBERY MATTERS
Paying a buyer at a company to win a contract is bribery, not business development.
WHAT FACILITATION PAYMENTS ARE
Small payments to secure routine actions someone is already obliged to perform.
WHY THEY ARE A PROBLEM
They are unlawful in many jurisdictions, they escalate, and they establish that you pay.
WHAT TO UNDERSTAND
That laws frequently apply extraterritorially.
WHY THAT MATTERS
Conduct abroad can be prosecuted at home, and companies are excluded from international business over it.
WHAT LIABILITY ATTACHES TO
The individuals involved, personally The company Sometimes those who failed to prevent it
WHY PERSONAL LIABILITY MATTERS
It is not absorbed by the business.
WHAT AGENTS AND INTERMEDIARIES CREATE
Exposure for what they do on your behalf.
WHY
Payments made by a third party for your benefit are attributed to you.
WHAT TO ESTABLISH
Who acts for you, and what they do.
WHAT TO NEVER ACCEPT
An intermediary who will not explain what a payment is for.
