Anti-Bribery Clause In Agreement
The above provisions apply in particular to the fight against corruption. However, other clauses, which are usually contained in contracts, can also have an impact on the fight against corruption. This is, for example, the fact that, like an employment contract clause, a supplier contract clause should indicate that the company is distancing itself from third parties such as a supplier who offers or accepts bribes. The above requirement is a minimum requirement (i.e., all contracts between the organization and the counterparty must, to the extent reasonably, include a prohibition on corruption). The organization could choose to comply with this requirement by inserting a very simple clause in the contract requiring the trading partner to commit not to participate in corrupt practices. The clause of the supplier contract should specify that by signing the supplier contract, they agree to comply with the company`s strict standards of corruption. This means doing nothing that could damage the reputation of the subscriber, having the right procedures to prevent corruption, complying with all audits carried out and much more. Measure 14 of the anti-corruption programme for organisations requires an organisation to introduce procedures to ensure that all counterparties that pose a higher than low risk of corruption are: . The requirement under Measure 14 to include a bribery prohibition in the contract applies only to contracts with counterparties that pose a more than negligible risk of corruption to the organization. (See Business Associate Corruption Risk Assessment for the proposed categorization of risk counterparties and for proposed thresholds for low risk.) This section contains instructions on the inclusion of a corruption ban by an organization in contracts with business partners. If an employee is found guilty of offering bribes while working in a particular organization, promised, given, asked for, accepted or accepted, his employer has every right and should terminate his employment contract with immediate effect. The organization would not be required to include a bribery ban in its contracts with low-risk trading partners.
The administrative requirement in this area is probably unreasonable and disproportionate to the low level of risk.