Key Concepts of Anti-Bribery

Now that we’ve defined bribery, let’s discuss the key concepts of anti-bribery and how to avoid engaging in bribery in your daily work.

One of the key concepts of anti-bribery is understanding the elements of a bribery offense. In order for a bribery offense to occur, four things must be present: the offer or acceptance of a bribe, the intent to influence a decision or action, the absence of legal justification or excuse, and the involvement of a public official or someone who is entrusted with a public function.

Another important concept is the difference between a legitimate business transaction and a bribe. A legitimate business transaction is one that is made in good faith and with the intention of advancing the interests of both parties involved. In contrast, a bribe is an improper payment or benefit that is offered or accepted with the intent to influence a decision or action.

The role of intent is also crucial in determining whether an act constitutes bribery. In order for a bribery offense to occur, the party offering or accepting the bribe must have the intent to influence a decision or action. This means that even if a party is offered a bribe, they can avoid committing a bribery offense if they don't have the intent to accept it.

To avoid engaging in bribery in your daily work, it's important to be aware of the potential risks and to avoid situations that could potentially involve bribery. This means avoiding accepting gifts or benefits from individuals or companies that you do business with, and not offering gifts or benefits to others in order to gain an advantage. If you're unsure whether a situation involves bribery, it's always best to consult with your compliance officer or another appropriate authority.

In the next video, we'll focus on anti-bribery in the financial industry and the specific laws and regulations that apply.