A ‘Yes’ is defined by having adequate measures in place to prevent bribery.   

If the risk of bribery at the organisation is low, adequate measures will be much fewer than if the risk is high. The following summary may help you assess what level of risk is relevant for you. (This is not a legal document. Please also see government guidance). 

Risk of bribery at organisation	Higher risk   (more specific measures needed)	Lower risk  (fewer measures needed)
Size of organisation	Larger	Smaller
Where organisation operates	In overseas countries where bribery is prevalent	In UK only or countries where bribery is not prevalent
Sector	e.g. extractive industry; large scale infrastructure	Not high risk sectors
Transaction types	e.g. charitable/ political contributions; licences/ permits; public procurement transactions risk	Not these transaction types
Project types	Complex or high value projects	Simpler, lower value projects
Relationships	e.g. some foreign public officials; politically exposed persons where relevant	Not these relationships
Internal factors	e.g. deficiencies in knowledge; risk taking rewarded; lack of clarity on stances; lack of clear financial controls; lack of clear anti-bribery message	None of these

The question applies to all organisations on some level. If the risk of bribery at the organisation is low, adequate measures will be much fewer than if the risk is high. 

The Bribery Act 2010 is a legal instrument and there is a criminal offence of failing to prevent bribery.  You will not commit the offence if you can show that your organisation had ‘adequate procedures’ in place to prevent bribery.  

1. Organisations with lowest risk of bribery (likely most organisations with <10 employees unless they operate in higher risk areas as described above).  

• High level manager has read and considered the external and internal risks outlined above, and deemed the risk of bribery to be low.
• Management has communicated to other employees (if any) about anti-bribery stance, e.g. via an anti-bribery statement or commitment to carry out business fairly, honestly and openly. Simple oral reminders may be enough. 
• The organisation’s stance or commitment is stated on the organisation’s internet site (or similar). 
• No extensive written documentation or policies necessary. 
• Periodically consider whether risks to the organisation or regulatory environment have changed. 

2. Organisations with higher risk of bribery (Organisation has considered the risks outlined above, and considered there to be some potential bribery risk).  

• Management shows leadership in anti-bribery measures. 
• Findings of risk assessment, and how they inform anti bribery measures, are documented.  
• Staff and the key people who do business with you and for you understand that you do not tolerate bribery, for example:
  • periodic reminders to staff via messages or training sessions  
  • ‘speak up’ procedures 
  • publishing or sharing with partners anti-bribery statement or code of conduct 
  • statement on anti-bribery stance could include description of commitment; articulation of benefits; reference to any procedures; key individuals or contacts
• Checks are made and questions asked to satisfy yourself that people performing services for you (like agents) are genuine and someone you can trust to do your business without bribing. e.g.:
  • making enquiries with business contacts, local chambers of commerce or business associations or via the internet
  • where you think the risks are higher:  asking for CV, financial statements or accounts, and other references and follow those up to ensure they are genuine
  • personal contact, allowing you to assess the person for yourself
• Systems for deterring, detecting and investigating bribery have been considered, bearing in mind that proportionate procedures may already be delivered through existing controls over company expenditure, accounting and commercial or agent contracts, for example. 
• Periodically consider whether risks to organisation or regulatory environments have changed. 

Organisations with highest risk of bribery

• Board sets policies, tasking management to design, operate and monitor bribery prevention procedures and keep them under regular review. 
• A clear and comprehensive anti- bribery stance or policy is communicated within and outside the organisation:
  • Reminders are given to key staff about the organisation’s anti-bribery policy, on a regular basis 
  • The policy is easily accessible to staff 
  • There is a confidential reporting system for employees and stakeholders to report concerns about bribery or misconduct without fear of retaliation  
• A written risk assessment has been undertaken and policies and procedures developed and published. 
• Full due diligence processes and procedures are in place; full consideration given to what types of relationships and activities these will apply to. 
• Training: 
  • Regular training for employees and stakeholders provided, including practical examples and scenarios. Can be face to face or e-learning
  • Consider training for new employees and agents, especially higher risk functions
• Record keeping of all anti-bribery measures, training sessions, audits, and risk assessments to provide evidence of your compliance efforts. 
• Procedures are regularly reviewed and updated, including in light of regulatory environment changes. 
• Systems are set up to deter, detect and investigate bribery. Can consider: 
  • Internal financial control mechanisms 
  • Staff surveys and feedback from training 
  • Periodic reviews and reports for top level management 
  • Drawing on other organisations’ practices 
  • External verification via certified compliance 

Some basic examples of commitments to fair business, and anti-bribery statements, are given below. These can be customised to fit your organisation’s own circumstances.  
No standard policy wording will be suitable for every organisation. Before using, please check that it is relevant to you and adapt it as needed. The Duchy of Cornwall does not endorse any particular wording. ChatGPT [https://chat.openai.com/] was used to help brainstorm topics then sense checked against guidance.

Commitment to Fair and Honest Business Practices – EXAMPLE 

At [Organisation Name], we are dedicated to conducting our business with integrity, fairness, and transparency. We commit to: 

1. Fairness: We will treat all stakeholders—customers, partners, employees, and the community—with respect and equity, ensuring that our practices promote inclusivity and fairness. 
2. Honesty: We pledge to communicate truthfully in all our dealings, providing clear and accurate information to foster trust and accountability. 
3. Openness: We embrace a culture of transparency, welcoming feedback and engaging in open dialogue with all our stakeholders to continuously improve our practices. 

By sticking to these principles, we aim to build lasting relationships based on trust and mutual respect. 

Anti-Bribery Policy Statement – EXAMPLE 

At [Organisation Name], we are committed to conducting our operations with the highest level of integrity and transparency. We recognize that bribery and corruption undermine trust and hinder fair competition. Therefore, we have implemented the following principles to ensure our business practices are ethical and compliant with applicable laws: 

1. Zero Tolerance for Bribery: We do not tolerate any form of bribery, whether direct or indirect, in our dealings with customers, suppliers, government officials, or any other parties. 
2. Reporting Mechanism: We encourage employees to report any suspicious activities or concerns related to bribery through a confidential reporting system. We ensure that there will be no retaliation against anyone who reports in good faith. 
3. Clear Guidelines: All employees and partners will receive training on our anti-bribery policy, including examples of what constitutes bribery and the potential consequences of such actions. 
4. Due Diligence: We will conduct thorough due diligence on our business partners to ensure they adhere to similar ethical standards. 
5. Compliance Monitoring: We will regularly review and update our anti-bribery practices to ensure compliance with legal requirements and industry standards. 

By fostering a culture of honesty and accountability, we aim to build lasting relationships based on trust and integrity. 

Large organisations usually publish their anti-bribery policies on the internet.  

You can find more details on all the areas described above via UK government websites: 

Quick start guide to Bribery act

Full Government guidance