Tuesday, 27 Jul 2010
An image of a businesses woman
Overseas Security Information For Business - Managing the risks of overseas corruption - advice and assistance from Posts
UK Overseas Posts are regularly instructed to report allegations of UK involvement in foreign bribery, and to provide advice and assistance to UK companies on managing the risks of corruption. These instructions form part of the Government’s efforts to address both the supply and demand side of the global problem of bribery and corruption.
This balanced approach forms part of the Government’s Foreign Bribery Strategy and preparations for the implementation of a new Bribery Bill. It is also in line with the Government’s anti-corruption strategies in a number of countries and with the UK’s support for international anti-corruption instruments, such as the UN Convention against Corruption and the OECD Convention on Combating Bribery of Foreign officials in International Business Transactions.
Reporting allegations
Under the Civil Service Code, officials have an obligation to report evidence of criminal or unlawful activity, with suspected bribery reported directly to the Serious Fraud Office (SFO).
By reporting cases of suspected bribery, officers at Post are acting in the interests of honest UK companies, the UK reputation, and bilateral economic relations. Preventing corrupt businesses from gaining an unfair competitive advantage helps to maintain a level playing field and upholds the UK’s international reputation.
Officials may continue to advise a company on local corruption risks after having reported allegations of corruption regarding the company to the SFO. A company seeking advice on how to act on suspicions that their employees or associates may have already breached UK bribery law should approach the SFO directly.
Advice and assistance
In all cases Posts can only assist companies seeking to comply with the law. Officials are not able to obtain special treatment because of British nationality or interfere in local judicial procedures. However, officials may be able to take up justified complaints of discriminatory treatment, bribe solicitation or extortion with procurement agencies, ministries and local authorities.
Officials are not in a position to provide legal advice to companies, nor give an opinion on whether particular arrangements would constitute an offence under UK bribery law. However, they can help companies identify public Government guidance and answers to frequently-asked-questions on current Bribery and Corruption Law. Posts will be provided with new instructions as part of the implementation of the new Bribery Bill.
In addition to general advice on UK bribery law and preventive techniques, Posts may be able to help UK companies address certain concerns through local knowledge and contacts. Posts have a good understanding of the local business corruption environment, and many already contribute to mainstream anti-corruption advice such as FCO/UKTI’s Overseas Security Information for Business Service. Officials may also be able to give sensible advice on how companies might avoid pitfalls of local culture and business etiquette, which can lead the unwary into breaches of UK and often local law.
You can find details of Contacts in Post in our Country Contacts.