News & what's on - Written by on Tuesday, August 19, 2014 22:18 - 1 Comment

REVIEW: Holiday Reading: Bribery A Compliance Handbook

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BRIBERYCOMPLIANCEHANDBOOKJust before we packed our suitcases for our summer holidays this book popped through the letter box from the publisher with a suggestion that we might like to review it.

Bribery: A compliance handbook is aimed at those who create and implement anti-bribery compliance programmes, monitor and enforce policies, conduct investigations or are being investigated or prosecuted.

The book is not aimed at legal practitioners advising in this area but more at the GC or compliance officer.

For those looking for an introduction to anti-bribery law and practice it is a starting point and sets the scene nicely.

Sam Tate (one of the authors) at BP knows his onions and covers the section on Adequate Procedures  and compliance. This chapter includes some useful tips and pointers and is useful stuff to the compliance professional.

Small bribes and facilitation payments are also covered.  Unfortunately though the book was written before the helpful guidance put out by Transparency International UK in the summer which is a shame. For those interested the TI UK guidance 0n small bribes is brilliant and a must read on the topic.

On top of the usual areas which receive coverage this book also offers an introduction to Internal Investigations, Self Reporting and Deferred Prosecution Agreements.  The Internal Investigations section in particular stands out as a useful intro to this topic which is a developing area of law.  We agree with most of what’s written!  We’re sure Sam will be pleased.

Self Reporting and DPA’s are covered in a reasonable amount of detail and are a good introduction for those with an interest – though we wouldn’t recommend engaging in DIY on Self Reporting or negotiating a DPA.

One area where we expected more was in the context of the application of the UK money laundering laws in the context of corruption.  We have said for years that they are the other side of the Bribery Act coin.

Long before the Bribery Act came into view we were advising corporates on issues and investigations arising on money laundering legislation in the UK and elsewhere including where the underlying allegation of crime involved alleged corruption.  This book really only mentions them in passing in a couple of paragraphs.

But they are critical.

Once a compliance program goes in – awareness of problems will kick in and with awareness comes possible suspicion.  A suspicion is likely in many cases to trigger a failure to report offence under UK money laundering laws and compliance officers need to understand this in more detail – a mention does not do it service.  Sermon over.

In summary then this latest book on the Bribery Act and compliance is a useful intro to the topic and builds on some of the earlier text books which came out of the stocks early.

Our rating: 3/5.  It would have been 4/5 but, declaration of interest, www.thebriberyact.com didn’t get a footnote in the book which has got to be a failing!

 

 

 

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Sam Tate
Sep 1, 2014 4:23

Barry and Richard

Many thanks for spending time reviewing ‘Bribery: A Compliance Handbook’ – particularly as it sounds like you were reading it on holiday.

The second edition will include a reference to thebriberyact.com given it’s useful pragmatic content and up to date information. I had thought you got a mention in some of my foot notes – so apologies for the omission.

The AML point is also a good one and one worth noting.

Keep up the excellent work on the website.

Best

Sam Tate

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