{"id":219,"date":"2022-03-17T08:56:55","date_gmt":"2022-03-17T07:56:55","guid":{"rendered":"https:\/\/kaczmarskilegal.pl\/?p=219"},"modified":"2022-03-17T09:02:09","modified_gmt":"2022-03-17T08:02:09","slug":"the-six-principles-guidance-by-the-uk-ministry-of-justice","status":"publish","type":"post","link":"https:\/\/kaczmarskilegal.pl\/?p=219","title":{"rendered":"The \u201eSix Principles Guidance\u201d by the UK Ministry of Justice"},"content":{"rendered":"\n

Contains public sector information licensed under the Open UK Government Licence v3.0. Version OGW 1, Published January 2020 \u00a9 Crown Copyright, 2020.<\/em><\/p>\n\n\n\n

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In 2011, the UK Ministry of Justice published its first statutory guidance under the UK Bribery Act 2010 to help organisations understand the sorts of procedure they can put in place to prevent bribery committed by their \u2018associates\u2019 (i.e. their employees or agents) on their behalf.<\/p>\n\n\n\n

These principles are still valid and regularly reviewed. By observing the outcome of the FCPA or the UK Bribery Act prosecutions we can see that those who got fines failed to implement them in the course of their compliance effort<\/strong>. <\/p>\n\n\n\n

This blog entry refers to the most recent version of the UK Ministry of Justice guidance.<\/p>\n\n\n\n

These Six Principles<\/strong> include:<\/p>\n\n\n\n

Principle 1: Proportionate Procedures<\/strong><\/p>\n\n\n\n

A commercial organisation\u2019s procedures to prevent bribery by persons associated with it are proportionate to the bribery risks<\/strong> it faces and to the nature, scale and complexity of the commercial organisation\u2019s activities<\/strong>. They are also clear, practical, accessible, effectively implemented and enforced<\/em>.<\/p>\n\n\n\n

Principle 2: Top Level Commitment<\/strong><\/p>\n\n\n\n

The top-level management of a commercial organisation (be it a board of directors, the owners or any other equivalent body or person) are committed to preventing bribery by persons associated with it<\/strong>. They foster a culture within the organisation in which bribery is never acceptable<\/strong> I this section, inter alia, we can read that a \u201cbonus culture\u201d encourages risk- taking<\/em>.<\/p>\n\n\n\n

Principle 3: Risk Assessment<\/strong><\/p>\n\n\n\n

The commercial organisation assesses the nature and extent of its exposure to potential external and internal risks<\/strong> of bribery on its behalf by persons associated with it. The assessment is periodic, informed and documented.<\/em><\/p>\n\n\n\n

Common external risks<\/strong> included in the Guidance are:<\/em><\/p>\n\n\n\n