The Bribery Act 2010

Margot Parker, a regular contributor to Promo e-News, a director of Eurocom-consult.com and a leading specialist in European directives and legislation pertaining to the promotions industry, has sent us this advise on the Bribery Act 2010. She says,

“This Act will come into force this summer. It is an Act which owes its origins to the OECD’s (Organisation for Economic Cooperation and Development) fight against the Foreign Bribery Initiative signed up to by 38 countries, including Britain.

“The British Act has been widely drawn and includes within its scope both the givers of bribes and the receivers of bribes, internationally and in the UK.

“The impact on the promotional industry could be considerable and the giving and receiving of gifts at Christmas and other occasions could well fall within the scope of the Act, thus rendering the directors and employees of incorporated firms, and principals and employees in unincorporated firms, liable to prosecution with unlimited fines, damage to reputation and probable ban on bidding for public UK/EU procurement contracts.

“The promotional products industry has already had to deal with the recent restrictions imposed on gifts to the pharmaceutical industry and the Bribery Act 2010 will bring within its scope the giving of gifts, catching both giver and acceptor within its net.

“There is a defence, the only one, and that is to show that the firm had in position rules and procedures to prevent persons associated with the business from undertaking the giving or receiving of gifts (bribes) intended to produce a commercial advantage or benefit.

“Industry will be well advised to be prepared in advance of the Act’s implementation this summer.”

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