Additional memorandum submitted by UK
Anti-Corruption Forum (BB 30)
RESPONSE TO
SUPPLEMENTARY QUESTIONS
TO THE
UK ANTI-CORRUPTION
FORUM
1. You stated that there would be a need for
guidance for companies on what constitutes "negligence"
and "adequate procedures" under the draft Bill (Qq 248-251).
Who should prepare this; what principles should it enshrine; and
what status should it hold? Please could you also supply any draft
guidance that you have already prepared.
The Forum has established a Business Practices
Working Group which will, over the next few months, be identifying
and agreeing on the elements of a best practice corporate programme.
The Working Group has not yet undertaken this task.
However, we can provide you with three references
to existing recommended programmes:
GC100
The GC100 is the association for general
counsel and company secretaries in the FTSE 100. It has filed
a submission to the Joint Committee. Appendix 1 of that submission
contained a summary guidance on an anti-corruption compliance
programme.
GLOBAL INFRASTRUCTURE
ANTI-CORRUPTION
CENTRE
GIACC is an independent not-for-profit organisation
which provides resources and services for the purpose of preventing
corruption in the infrastructure, construction and engineering
sectors. It has published a template for a corporate anti-corruption
programme, together with supporting tools. This template is used
both to help companies establish an anti-corruption programme,
and to assess their compliance. The template is available at:
http://www.giaccentre.org/project_companies.php
TRANSPARENCY INTERNATIONAL
TI has produced, in conjunction with several
leading international organisations, the Business Principles for
Countering Bribery suite of documents designed to assist organisations
to implement and manage an effective anti-bribery system. The
Business Principles for Countering Bribery is an anti-bribery
code that organisations can either adopt or use to benchmark against
their own systems. This is available at:
http://www.transparency.org/global_priorities/private_sector/business_principles
Formal guidance for companies on what constitutes
"negligence" and "adequate procedures" is,
in the opinion of the Forum, essential. That guidance should
be discussed and agreed by a working group including appropriate
representatives of prosecuting authorities, business, Government
and civil society. That working group should also consider the
status of the guidance. The Forum's preliminary view is that compliance
should not be a legal requirement, but it could have the status
of an approved code of practice. Compliance would be treated as
compliance with the law. A failure to follow the guidance would
not itself be an offence, but would need to be justified.
2. You raised concerns about the workability
of the "improper conduct" model (Q 265). What model
would you replace it with in the draft legislation? Can guidance
be used to make it workable?
The Forum's comments on the model are contained
in the written submissions provided on 22 May 2009 entitled
"Comments by the UK Anti-Corruption Forum on the proposed
bribery bill published by the Ministry of Justice".
3. Are there specific changes that should
be made to the draft Bill (besides any changes that you raised
in oral evidence)?
The Forum proposes no specific changes other
than those raised in oral evidence, and in the written submissions
referred to above.
4. Is there any further information that you
wish to supply in connection with your appearance on 2 June?
The Forum has no further comments, other than
the points already made in its written submissions.
June 2009
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