Civil Engineering Reference
In-Depth Information
Chapter 22
Regulatory Matters
he Bribery Act 2010
22.1 Compliance: The Bribery Act 2010
22.1.1 Introduction
In July 2011, the Bribery Act 2010 (henceforth the 'Bribery Act') came into force,
showing a new determination of UK authorities in tackling bribery and corruption,
both domestically and internationally. While the Bribery Act has extensive impli-
cations for all UK businesses, and international companies with a UK connection,
in general, anti-bribery legislation is increasing in scope and application worldwide.
The construction industry is one of the industry sectors likely to receive the focus of
investigating authorities as a result of its operations through routine use of agents,
contractors, sub-contractors, subsidiary arrangements, joint venture arrangements
and its common cross-border and international nature.
22.1.2 OECD guidance
The Organisation for Economic Co-operation and Development (OECD), of which
the UK is a member, has been at the forefront of ensuring anti-bribery measures are
dealt with at an international level. The OECD Anti-Bribery Convention 1996 estab-
lished legally binding standards which criminalized bribery of foreign public officials
in international business transactions and provides for a host of related measures that
make this effective. The Bribery Act is intended to satisfy the UK's obligations under
the Convention.
he OECD has long raised awareness of the effects of bribery and corruption being
allowed to operate unchecked. In the construction sectors bribery and corruption dis-
courage investment and distort competitive conditions.
There are currently 41 state party signatories to the OECD Anti-Bribery Conven-
tion consisting of 34 OECD members and Argentina, Brazil, Bulgaria, Columbia,
Russia, South Africa and Latvia. The OCED has stated that 'propriety, integrity and
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