The Bribery Act

[Latics Fan SJK]

So, for any of you working in an area where suppliers inundate you with "thankyou for your business" gifts at this time of the year, I was wondering what some of the better gifts you have been given (or had to give up due to the title of this thread)?

They're very strict here so all I've managed to get is 6 bottles of Sauvignon Blanc and given up a number of hampers, etc.

Anyone on the receiving end of some very welcome gifts this Christmas?

 

[BoyBlue_1985]

I managed to find new suppliers by complete accident for my company, saving them thousands of pounds a year giving the suppliers hundreds of thousands a year. So yesterday I got a thank you off my company and today I got a thank you off of the supplier. I now need to drive to work on Sat to pick it all up

Not bad for a piece of sheer luck

 

[The Flash]

I managed to find new suppliers by complete accident for my company, saving them thousands of pounds a year giving the suppliers hundreds of thousands a year. So yesterday I got a thank you off my company and today I got a thank you off of the supplier. I now need to drive to work on Sat to pick it all up

Not bad for a piece of sheer luck

An industrial-sized vat of lube and a years supply of Rohypnol?

 

[BlueSniffer]

So far i've had M&S vouchers, bottles of wine and the usually bits of tat i.e 2013 diarys, desk calenders, pens etc.

I've not declared any although i probably should. I've just handed them out to my team.

 

[ifwecouldjust......]

Looks like a bit too strict....

Gifts under a £100 should be ok as long as registered. Gifts above should be ok'd by your boss / compliance team.


I had a weekend in Nice / Monaco with private yacht and helicopter trip not long ago as a gift from one of my clients:

Receiving a gift is not a bribe if you do not allow the gift to influence your performance with the client.

See below

Hospitality, promotional, and other business expenditure
26 Bona fide hospitality and promotional, or
other business expenditure which seeks to improve the image of a commercial organisation, better to present products and services, or establish cordial relations, is recognised as an established and important part of doing business and it is not the intention of the Act
to criminalise such behaviour. The Government does not intend for the Act to prohibit reasonable and proportionate hospitality and promotional or other similar business expenditure intended
for these purposes. It is, however, clear that hospitality and promotional or other similar business expenditure can be employed as bribes.
27 In order to amount to a bribe under section 6 there must be an intention for a financial or other advantage to influence the official in his or her official role and thereby secure business or a business advantage. In this regard, it may be in some circumstances that hospitality or promotional expenditure in the form
of travel and accommodation costs does not even amount to ‘a financial or other advantage’ to the relevant official because it is a cost that would otherwise be borne by the relevant foreign Government rather than the official him or herself.




So for example the giver of the gift must comply (i.e. sends the same gift to other organisations with which it deals on an equal footing) and the assumption is that they will have recorded such a gift and it will have been approved by their organisation / compliance team.

The receiver should also have in place a record of gifts received / policies and procedures etc.

go here

<a class="postlink" href="http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf" onclick="window.open(this.href);return false;">http://www.justice.gov.uk/downloads/leg ... idance.pdf</a>


Yours would appear to fall under case study 4

 

[Latics Fan SJK]

Looks like a bit too strict....

Gifts under a £100 should be ok as long as registered. Gifts above should be ok'd by your boss / compliance team.


I had a weekend in Nice / Monaco with private yacht and helicopter trip not long ago as a gift from one of my clients:

Receiving a gift is not a bribe if you do not allow the gift to influence your performance with the client.

See below

Hospitality, promotional, and other business expenditure
26 Bona fide hospitality and promotional, or
other business expenditure which seeks to improve the image of a commercial organisation, better to present products and services, or establish cordial relations, is recognised as an established and important part of doing business and it is not the intention of the Act
to criminalise such behaviour. The Government does not intend for the Act to prohibit reasonable and proportionate hospitality and promotional or other similar business expenditure intended
for these purposes. It is, however, clear that hospitality and promotional or other similar business expenditure can be employed as bribes.
27 In order to amount to a bribe under section 6 there must be an intention for a financial or other advantage to influence the official in his or her official role and thereby secure business or a business advantage. In this regard, it may be in some circumstances that hospitality or promotional expenditure in the form
of travel and accommodation costs does not even amount to ‘a financial or other advantage’ to the relevant official because it is a cost that would otherwise be borne by the relevant foreign Government rather than the official him or herself.




So for example the giver of the gift must comply (i.e. sends the same gift to other organisations with which it deals on an equal footing) and the assumption is that they will have recorded such a gift and it will have been approved by their organisation / compliance team.

The receiver should also have in place a record of gifts received / policies and procedures etc.

go here

<a class="postlink" href="http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf" onclick="window.open(this.href);return false;">http://www.justice.gov.uk/downloads/leg ... idance.pdf</a>


Yours would appear to fall under case study 4

Re the bit on bold - obviously. Hence, "The Bribery Act".

There is no value legally determining what can be classed as a gift for bribery purposes, though, however unlikely you are to award someone business in return for a bottle of white wine.

 

[The Flash]

to award someone "business" in return for a bottle of white wine.

A few of the ladies on the forum might.

 

[softlad]

I have been lucky enough to source a firm that deal with a fairly specialist aspect of our work.

They have so far taken me to Manchester 5 times, paid for my travel there, put me up in a flat that they own, paid for all drinks, food and entertainment whilst also getting to watch City.

Saw Norwich, Everton, Fulham, Liverpool and Southampton all for free whilst getting very, very, drunk!

 

[Anonymous]

I've been responsible for and managed multiple, tier 1 suppliers in my time:

Microsoft
IBM
HP
BT
Cable & Wireless
Dell
Tech Mahindra
Tata
Accenture

And the only gift I ever got was a glass teapot from one of my tier 3 suppliers.

Tight arsed little monkeys!

 

[Churchill123]

So, for any of you working in an area where suppliers inundate you with "thankyou for your business" gifts at this time of the year, I was wondering what some of the better gifts you have been given (or had to give up due to the title of this thread)?

They're very strict here so all I've managed to get is 6 bottles of Sauvignon Blanc and given up a number of hampers, etc.

Anyone on the receiving end of some very welcome gifts this Christmas?

What line of work are you in?