How to Bribe by Transparency International UK

The purpose of this document is to illustrate how bribes are paid in practice, based on legal cases and realistic experiences. We hope that it will provide information that is useful to organisations and individuals in raising awareness and training, and to those designing an anti-corruption system that is flexible enough to take into account the many forms of bribery. The target audience of this publication is anyone who is affected by the UK Bribery Act and similar legislation. Transparency International’s overall objective in producing this guidance is to help reduce supply-side bribery. This document is one of a suite of tools to help individuals and companies anticipate, recognise, avoid and resist bribery. It is important to note that all the examples in this document are examples of bribery – they are not intended as ‘dilemma’ scenarios, but as illustrations of how bribes are actually paid in practice.

In this document we have tried both to identify and categorise some of the different types of bribe, and the ways in which bribes are commonly demanded or paid. Bribes are often indirect - channelled through agents or intermediaries, off-shore arrangements, joint-ventures, and sub-contractors. Frequently, the payment of bribes involves more than one of these methods, and could even encompass all of them. Often, the mechanisms involved in routing bribes to their recipients are complex. While acknowledging the complexity of many bribery schemes, we have also tried to present them as simply as possible. Bribe-paying remains widespread. In a recent global survey by Transparency International, more than a quarter of citizens told us that they had paid a bribe at least once in the past year. In some countries, the figure was as high as three people in every four. This clearly presents a major challenge for companies that operate in, or wish to operate in, those markets. However, before becoming complacent, have a look at section three of this publication. Bribe-paying also happens here today in the UK. Although we give some simple guidance in each section, and outline certain red flags, the ultimate purpose of this document is to describe how bribes are paid and not to provide detailed anti-bribery guidance. There are several other good guides to designing anti-corruption procedures, produced by Transparency International and others. A key element is a robust bribery risk assessment for each entity and business unit that is regularly updated, as bribery is not static. At the heart of any such anti-corruption system lies a requirement to be able to recognise what a bribe is, and it is that niche which this document is seeking to help fill. The examples we have used are based on real cases – either known legal cases, or cases that have come to light in the course of our research. All cases have been anonymised, for two reasons. The first is that it is not our intention to name and shame. The second is we have at times simplified and clarified certain complex cases, so that they remain realistic but do not exactly replicate the legal cases from which they were derived. Finally, we should point out that this typology of bribery is not intended to be comprehensive. It is a source book for training, avoidance and for designing adequate procedures to prevent bribery. As the global legal framework has tightened, ways of paying bribes have become more inventive – although a surprisingly large number still involve straightforward cash payments. This short booklet is intended to add to the body of existing knowledge.