Bribery Act 2010 - Adequate Procedures - How much is enough?

We know that for many organisations a key area of focus is developing a response to the Bribery Act in the light of the final guidance on how to prevent bribery. To share our perspectives on the range of different approaches that organisations are taking we hosted a series of webcasts to discuss each of these principles in greater depth.

In each webcast John Tracey, Partner, Forensic Services, was joined by different experts from across PwC and they explored in depth some of the challenges in responding to the guidance.

If, after viewing the webcasts, there are any questions you would like answered on any of the principles, please send them to us at Fraud Academy.

A commercial organisation’s procedures to prevent bribery by persons associated with it are proportionate to the bribery risks it faces and to the nature, scale and complexity of the commercial organisation’s activities. They are also clear, practical, accessible, effectively implemented and enforced.

At the heart of the debate around the Bribery Act is the question of “How much is enough?”. To be held on the day that the Bribery Act comes into force a panel of expert PwC partners will debate and take questions on what Proportionality really means and how the concept is being applied in organisations today. The panel will comprise Will Kenyon, Forensic Services, Steve Osei-Mensah, Consulting, Simon Perry, Risk Assurance, and Agnes Quashie, PwC Legal.

The top-level management of a commercial organisation (be it a board of directors, the owners or any other equivalent body or person) are committed to preventing bribery by persons associated with it. They foster a culture within the organisation in which bribery is never acceptable.

Tracey Groves, addresses the challenge: What is top level commitment - how can it be achieved and how can it be demonstrated?

The commercial organisation assesses the nature and extent of its exposure to potential external and internal risks of bribery on its behalf by persons associated with it. The assessment is periodic, informed and documented.

During this webcast Martin Piper and Alastair Tatton, discuss how organisations are approaching the assessment of bribery risk, what approaches seem to work and what pitfalls should be avoided. We also cover the concept of a gap analysis - how organisations are assessing the adequacy of their current arrangements in the light of their risk assessments.

The commercial organisation applies due diligence procedures, taking a proportionate and risk based approach, in respect of persons who perform or will perform services for or on behalf of the organisation, in order to mitigate identified bribery risks.

Mark Anderson, talks about good practice as it relates to third party due diligence. We explore how to apply a risk based approach to due diligence, how to establish a third party due diligence process “in house” and the best way to get value from due diligence providers.

The commercial organisation seeks to ensure that its bribery prevention policies and procedures are embedded and understood throughout the organisation through internal and external communication, including training, that is proportionate to the risks it faces.

In this webcast, Joel Osborne, talks about the importance of communication and training as a key element of embedding anti bribery awareness and compliance within an organisation. Joel focuses on what “good” looks like, how organisations that do this well differ from their peers and how to build a communication and training strategy in a cost effective way.

The commercial organisation monitors and reviews procedures designed to prevent bribery by persons associated with it and makes improvements where necessary.

Guy Higgins discusses the approaches organisations are considering in developing robust monitoring and review of procedures and controls designed to prevent bribery. He also looks at factors to consider when seeking independent comfort over the operation of anti-bribery procedures from either internal or external sources.