Anti-bribery and anti-corruption
An anti-bribery programme you can demonstrate to regulators, auditors and partners, designed for where your bribery risk really sits.
Programme design and testing against the Prevention of Corruption Act, the US FCPA and the UK Bribery Act.
Since 2018, the Prevention of Corruption Act has made a commercial organisation liable when a person associated with it bribes a public servant, unless the organisation proves it had adequate procedures. The US FCPA and the UK Bribery Act apply similar expectations to many Indian companies with global links.
We start with a risk assessment of where your business touches government: licences, inspections, tenders, customs and permits, and the agents and consultants who handle them. Policies on gifts, hospitality, donations and sponsorships follow from that risk, with due diligence on intermediaries.
We then test the programme. High-risk payments and expenses are examined, approvals are checked against policy, and training and annual certifications are reviewed. The result is evidence that the programme works, not only that it exists.
You operate where bribery risk is high, or are subject to Indian, US or UK anti-corruption law.
Signs we see most often
- 01You need licences, permits, inspections or tenders from government bodies.
- 02Agents, liaison consultants or customs brokers act on your behalf.
- 03Gifts, hospitality or sponsorship spend is significant and lightly controlled.
- 04You are subject to the US FCPA or the UK Bribery Act.
- 05An investor, partner or lender asks for evidence of an anti-bribery programme.
Scoped in writing, run by one accountable team.
Every engagement starts with agreed questions, a reporting line and a confidentiality protocol. The steps below are how this service usually runs; we adapt them to your matter.
- 01AssessMap government touchpoints and intermediaries, and rate the bribery risk at each.
- 02DesignSet policies for gifts, hospitality, donations, sponsorships and facilitation payments.
- 03VetIntroduce due diligence and contract protections for intermediaries.
- 04TestExamine high-risk payments, expenses and approvals for red flags.
- 05TrainTrain employees and certify compliance every year.
- 06MonitorReport programme measures and findings to the board.
An anti-bribery programme that can be demonstrated to regulators, auditors and partners.
- A bribery risk assessment
- An anti-bribery policy suite
- Due diligence procedures for intermediaries
- Testing results on high-risk payments and expenses
- Training materials and an annual certification process
The law and frameworks this work is aligned to
- Prevention of Corruption Act, 1988 ss.8, 9 and 10
- US Foreign Corrupt Practices Act
- UK Bribery Act, 2010 s.7 and Ministry of Justice guidance on adequate procedures
- Aligned to ISO 37001 anti-bribery management systems
- UN Convention against Corruption
References show the standard the work is built to. They do not imply accreditation or endorsement by the bodies that publish them.
This is a summary of the service. For a deeper understanding of how it would work for your organisation, please reach out to us.
Talk to a BDI partnerWhere this service meets BDI's technology.
The platforms below record, monitor or act on the work this service produces.
Questions clients ask before we start.
Does the Prevention of Corruption Act apply to private companies?
Yes. Section 9, introduced in 2018, makes a commercial organisation guilty of an offence if a person associated with it gives an undue advantage to a public servant to obtain or retain business, unless it proves it had adequate procedures in place.
Do we need ISO 37001 certification?
Not by law. ISO 37001 is a recognised benchmark, and aligning to it helps show adequate procedures. Certification is a separate decision we can help you weigh.
Are facilitation payments allowed?
Indian law and the UK Bribery Act make no exception for them. The US FCPA has a narrow exception. Most organisations exposed to Indian or UK law prohibit them outright.