1. UK Anti-Bribery Act 2010
Refer documents below
2. Anti-Bribery Management System (ABMS)
Anti-Bribery Management System (ABMS) has six (6) principles as follow:
a) Proportionate procedures
A commercial organization’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 organization’s activities. They are also clear, practical, accessible, effectively implemented and enforced.
The term ‘procedures’ is used in this guidance to embrace both bribery prevention policies and the procedures which implement them. Policies articulate a commercial organization’s anti-bribery stance, show how it will be maintained and help to create an anti-bribery culture. They are therefore a necessary measure in the prevention of bribery, but they will not achieve that objective unless they are properly implemented. Further guidance on implementation is provided through principles 2 to 6 (ABMS).
b) Top Level Commitment
Commitment from the top-level management of a commercial organization (be it a board of directors, the owners or any other equivalent body or person) is necessary in preventing bribery by persons associated with it. They need to foster a culture within the organization in which bribery is never acceptable.
They are in the best position in the organisation hierarchy to foster a culture of integrity whereby the practise of bribery is absolutely unacceptable. The purpose of this principle is to encourage the involvement of top-level management in the determination of bribery prevention procedures. It is also to encourage top-level involvement in any key decision making relating to bribery risk where that is appropriate for the organization’s management structure.
c) Risk Assessment
The commercial organization assesses the nature and extent of its exposure to all manner of potential external and internal risks it may confront and the risk of bribery on its behalf by persons associated with it. The assessment is periodic, informed and documented.
For many commercial organizations this principle will manifest itself as part of a more general risk assessment carried out in relation to business objectives. For others, its application may produce a more specific standalone bribery risk assessment. The purpose of this principle is to promote the adoption of risk assessment procedures that are proportionate to the organization’s size and structure and to the nature, scale and location of its activities. But whatever approach is adopted the fuller the understanding of the bribery risks an organization faces the more effective its efforts to prevent bribery are likely to be.
d) Due Diligences
The commercial organization 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 organization, in order to mitigate identified bribery risks. Due diligence is firmly established as an element of corporate good governance and it is envisaged that due diligence related to bribery prevention will often form part of a wider due diligence framework.
Due diligence procedures are both a form of bribery risk assessment (see Principle 3) and a means of mitigating a risk. By way of illustration, a commercial organization may identify risks that as a general proposition attach to doing business in reliance upon local third party intermediaries. Due diligence of specific prospective third party intermediaries could significantly mitigate these risks. The significance of the role of due diligence in bribery risk mitigation justifies its inclusion here as a Principle in its own right.
The purpose of this Principle is to encourage commercial organizations to put in place due diligence procedures that adequately inform the application of proportionate measures designed to prevent persons associated with them from bribing on their behalf.
e) Communication (including training)
The commercial organization seeks to ensure that its bribery prevention policies and procedures are embedded and understood throughout the organization through internal and external communication, including training that is proportionate to the risks it faces. Communication and training deters bribery by associated persons by enhancing awareness and understanding of a commercial organization’s procedures and to the organization’s commitment to their proper application. Making information available assists in more effective monitoring, evaluation and review of bribery prevention procedures. Training provides the knowledge and skills needed to employ the organization’s procedures and deal with any bribery related problems or issues that may arise.
f) Monitoring and review
The commercial organization monitors and reviews procedures designed to prevent bribery by persons associated with it and makes improvements where necessary. The bribery risks that a commercial organization faces may change over time, as may the nature and scale of its activities, so the procedures required to mitigate those risks are also likely to change. Commercial organizations will therefore wish to consider how to monitor and evaluate the effectiveness of their bribery prevention procedures and adapt them where necessary. In addition to regular monitoring, an organization might want to review its processes in response to other stimuli, for example governmental changes in countries in which they operate, an incident of bribery or negative press reports.