Transparency International Guidance On Countering Small Bribes

Transparency International has recently published guidance for companies entitled "Countering Small Bribes". The guidance aims to "help companies to address the significant challenge of countering small bribes, including facilitation payments". This reflects a common reality faced by many companies - that dealing with the risk of such bribes is one of the most challenging issues in countering bribery, as they are often difficult to detect and eliminate.

Under section 7 of the Bribery Act, a company can face liability for these types of small bribes paid overseas or in the UK by its employees or related third parties. However, a company has a defence if it has in place "adequate procedures" designed to prevent persons associated with it from committing bribery. The Transparency International guidance is therefore designed to help companies protect themselves by setting out "Ten Principles for Countering Small Bribes", as follows:

There is a supporting culture of integrity; The company commits to eliminating small bribes; Risk assessment is the basis for...