CUPAR DEVELOPMENT TRUST (“CDT”) PREVENTION OF BRIBERY AND CORRUPTION
The Bribery Act 2010 came into force on 1 July 2011. The Act makes it a criminal offence to offer, promise or give a Bribe ("active Bribery") or to accept a Bribe ("passive Bribery"). Hospitality is not prohibited by the Act so long as it is proportionate and reasonable given the activities which CDT undertakes.
It is also a criminal offence to fail to prevent Bribery. However, there is a full defence for organisations if ‘adequate procedures’ are in place to prevent people associated with the organisation from Bribing. What constitutes adequate procedures for CDT depends on the Bribery Risks faced by CDT. The attached policy statement has been prepared to ensure that CDT has adequate procedures in place.
The Act sets out the following six principles for organisations to follow in mitigating Bribery Risk:
Proportionate: Bribery prevention measures must be proportionate to the level of Risk; this will vary according to the scale of the organisation and the nature of its business.
Top-Level Commitment: It is the CDT Board which must reiterate regularly CDT's zero-tolerance stance on Bribery, be involved in developing Procedures and ensure their implementation.
Risk Assessment: The CDT Board must assess the nature and extent of its exposure to potential external and internal Risks of Bribery, active and passive, on its behalf by persons associated with CDT. The assessment must be regular, informed and documented.
Due Diligence: Just as with banks and others, the CDT Board has a legal responsibility to know with whom CDT is dealing, and must undertake a proportionate and Risk-based approach to the people and organisations who perform or will perform services for or on behalf of CDT.
Communication of Policy: The CDT Board must ensure that the Policy and Procedures put in place to prevent Bribery are known to all within CDT and to all who deal with CDT.
Monitoring and Review: CDT must monitor Procedures put in place to prevent Bribery, and review this Policy annually.
CUPAR DEVELOPMENT TRUST (CDT) ANTI-BRIBERY & CORRUPTION POLICY STATEMENT
The Bribery Act 2010 came into force across the UK on 1 July 2011. The Act makes it an offence to offer, promise or give a Bribe (active Bribery); to accept a Bribe (passive Bribery); to Bribe a foreign official; and to fail to prevent Bribery within organisations, such as CDT.
Bribery is a criminal offence. Persons associated with CDT shall not pay Bribes or offer improper inducements to anyone for any purpose, nor must people associated with CDT or its activities accept Bribes or improper inducements. To use a third party as a conduit to channel Bribes to others is a criminal offence. CDT is committed to the prevention, deterrence and detection of Bribery.
Associated persons: A person who ‘performs services’ for or on behalf of the organisation. This person can be an
individual or an incorporated or unincorporated body. This encompasses the whole range of individuals, persons and organisations connected in any way to CDT who might be capable of committing Bribery.
Bribery: An inducement or reward offered, promised or provided to gain personal, commercial,
regulatory or contractual advantage.
Facilitation payments: Unofficial payments made to public officials in order to secure or expedite actions.
Improper Performance:The Act defines the meaning of improper
performance in sections 3, 4, and 5. Guidance2 on the Act summaries this as meaning performance which amounts to a breach of an expectation that a person will act in good faith, impartially, or in accordance with a position of trust.