UK Public and Private Anti-Corruption Initiatives
The following section describes the key public and private business-relevant anti-corruption initiatives initiated by organisations in the UK.
Anti-Corruption Champion
On 10 June 2010 the Prime Minister appointed the Lord Chancellor –Kenneth Clarke- the Government’s Anti-Corruption Champion.
New legislation to reform the criminal law of bribery received Royal Assent on 8 April 2010. This new Bribery Act will come into force on 1 July 2011. You can find the Bribery Act here.
The Bribery Act will:
- replace the fragmented and complex offences at common law and in the Prevention of Corruption Acts 1889-1916;
- create two general offences covering the offering, promising or giving of an advantage, and requesting, agreeing to receive or accepting of an advantage;
- create a discrete offence of bribery of a foreign public official;
- create a new offence of failure by a commercial organisation to prevent a bribe being paid for or on its behalf (it will be a defence if the organisation has adequate procedures in place to prevent bribery).
Under section 9 of the Act the Secretary of State must issue guidance on what commercial organisations can do to prevent persons associated with them from bribing. You can find the guidance here.
BIS
The Department for Business, Innovation & Skills coordinates Government work to support ethical business overseas through guidance on current bribery law and co-sponsorship of this Portal. BIS represent the UK at the Organisation for Economic and Corporate Development (OECD) Working Group Bribery and provide the UK National Contact Point for the OECD Guidelines for Multinational Enterprises.
DFID
Corruption is a major brake on economic development, a burden for the poor and a tragic waste of valuable resources. The Department for International Development (DFID) is committed to tackling corruption. As well as ensuring that the aid it gives is used for its intended purpose, we are working to address both the underlying causes of corruption and the international factors that allow it to flourish.
DFID does not tolerate misuse of its funds and issues guidance on DFID's Fraud and Anti Corruption Policy to staff. We are also committed to getting value for money for the UK taxpayer. In cases where we cannot be sure that governments are committed to human rights, poverty reduction or good public financial management, we do not provide direct financial aid. In instances where aid is being provided and we are unhappy with how it is being used, we can and do withhold funds.
The standard Terms and Conditions attached to all DFID contracts over £25,000 contain firm Anti Corruption Clauses and other clauses that protect DFID from being associated with any company found guilty of serious charges under the relevant Acts.
Action will also be taken to recover any funds that have been lost. Similarly, funding may be recovered, and future funding withheld from partner governments where arrangements for preventing or detecting fraud and corruption fail to improve.
DFID staff found to have been involved in fraudulent and corrupt activity or to have been negligent in the exercise of supervisory duties will be subject to disciplinary and, where appropriate, criminal proceedings.
ECGD
The Export Credits Guarantee Department (ECGD) states in its Mission and Principles that it aims to take account of factors beyond the purely financial, and of relevant government policies, including in respect of bribery and corruption when it is asked to support export transactions. Furthermore, it is ECGD’s policy to comply with all International Agreements which apply to the operations of Export Credit Agencies, the relevant agreement on bribery and corruption being the OECD Council Recommendation on Bribery and Officially Supported Export Credits.
ECGD’s role in respect of anti-bribery and corruption was set out in the Government’s Final Response to ECGD’s Consultation on Changes to its Anti-bribery and Corruption Procedures.
UKTI
UK Trade and Investment (UKTI) is committed to helping tackle and reduce the bribery and corruption exposure of UK companies overseas. UKTI provides advice and support on how to trade internationally, but does not make commercial judgements for a company. In providing businesses with tailored support to help them achieve success, UKTI provides advice on bribery and corruption where it is appropriate and relevant.
UKTI's Training Unit offers a package of training support to reflect the needs of its staff and customers. This incorporates specific reference to bribery and corruption overseas as well as the wider issues of Corporate Social Responsibility. Together with its parent departments, the Foreign and Commonwealth Office (FCO) and the Department for Business, Innovation & Skills (BIS), UKTI distributes the UK Bribery and Corruption Law Leaflet and continues to conduct a range of awareness-raising activities in the UK business community. Awareness-raising in the English regions is delivered through UKTI teams of International Trade Advisors and the Tradeshow Access Programme, while overseas awareness-raising is delivered through UKTI commercial teams on UK Overseas Posts.
A UKTI policy team is also available to offer advice to staff on the issue of bribery and corruption; i.e. what they need to do if they become aware of specific instances and how these should be reported to the appropriate UK law enforcement authorities.
