Bribery Act

The UK Bribery Act 2010 ("the Act") makes it an offence for a person to pay or receive a bribe either directly or indirectly. The Act covers transactions that take place in the UK and abroad.

 

The four main offences are:

 

• bribing a person to induce or reward them for performing a relevant function improperly

 

• requesting, accepting, or receiving a bribe as a reward for performing a relevant function improperly

 

• using a bribe to influence a foreign official to gain a business advantage

 

• failure of a commercial organisation to prevent bribery

 

This policy applies to all permanent and fixed-term staff employed by Maucher Jenkins. The Act also covers the situation where a person associated with an organisation bribes a person with the intention of purpose of gaining a commercial advantage. Therefore, "persons associated" will include local attorneys, agents, intermediaries, joint venture partners, distributors, suppliers and so forth all of whom could render an organisation guilty of an offence under the Act.

 

What is Bribery?

 

Bribery is the offering, giving or receiving of a financial or other advantage with the intention of inducing a person to perform improperly a relevant function or activity or to reward a person for the improper performance of such a function or activity. This includes any function of a public nature, any activity connected with a business and any activity performed in the course of employment.

 

Breaching the Bribery Act can result in businesses receiving unlimited fines as well as individuals receiving unlimited fines and/or up to 10 years in prison.

 

Maucher Jenkins

 

Maucher Jenkins takes The Bribery Act 2010 very seriously and all staff are required to attend periodic training sessions to ensure that everyone within the Firm and with whom the Firm deals, complies with it and does not commit any action which breaches any of the offences under the Act.

 

From time to time, it is normal practice within the Firm's area of business to receive and provide hospitality and small gifts, which is permitted under the Act. However gifts and hospitality are not permitted if they could be perceived to influence a business decision or to be excessive and inappropriate.

 

The Firm works with a number of overseas companies and agents. If there is any notion that there may be a breach of the Act, including where a local attorney or agent may be involved in or linked with bribery, our staff are required to report the matter to the Firm's Compliance Partner. If, upon review, this suspicion is substantiated, this will result in the immediate termination of the contract with the local attorney or agent.

 

Who to contact

 

If you have any questions or concerns in relation to Maucher Jenkins and The Bribery Act 2010, please contact Compliance Partner, Katie Cameron, katie.cameron@maucherjenkins.com.