On 1 July 2011 the Bribery Act 2010 came into force. The provisions of the Act will apply to all practising ICE members in the following categories:
- ICE members who are UK citizens;
- ICE members who work in the UK, whether as sole practitioners or for large organisations;
- ICE members who work outside the UK for UK-based organisations.
Overview
- Sections 1 and 2 of the Act make it an offence to give or offer a bribe, and to agree to receive or to accept a bribe.
- Section 6 covers the bribing of a foreign official.
- Under Section 12 of the Act, UK courts will have jurisdiction over the sections 1, 2 or 6 offences committed in the UK. They will also have jurisdiction over offences committed outside the UK where the person committing them has ‘a close connection with the UK’ as defined in the Act.
It should be noted that an ICE member who acted in a way that would breach the provisions of the Bribery Act 2010, even if they were outside the jurisdiction of the Act, would almost certainly be breaching the ICE Rules of Professional Conduct.
If the Act is breached
If it appeared that an ICE member had acted in a way that breached the Bribery Act 2010, the matter would be referred to the ICE Professional Conduct Panel. The Panel would then investigate, in accordance with the ICE Disciplinary Regulations, if the member concerned had a case to answer that he or she had breached the ICE Rules of Conduct. In a matter as serious as apparent involvement in bribery, if the Panel found that there was a case to answer, it would almost certainly be referred to the ICE Disciplinary Board. If the Disciplinary Board found that the member was guilty, it is probable that the member would be expelled from ICE.
More information
Guidance on the Bribery Act 2010 is given on the Ministry of Justice website.
Other reputable sources of guidance are the UK branch of Transparency International, the global organisation established to fight corruption and the Global Infrastructure Anti-Corruption Centre. Both provide guidance and advice, including anti-corruption tools, which may be downloaded free of charge.