dimanche 23 décembre 2012

London Mining Bribery Act


Bribery Act 2010


London Mining is fully compliant with the UK Parliament’s Bribery Act 2010. All London Mining staff and contractors are contractually bound to comply with London Mining’s ‘Anti-fraud, Bribery and Corruption Policy’, in which the Act is referenced. All workers are required to contribute towards maintaining the a culture of honesty and ethical behaviour within the company, and all staff members are required to undergo training on the Bribery Act and how to detect, manage and report potential breaches of it.

Offences relating to being bribed

(1)A person (“R”) is guilty of an offence if any of the following cases applies.
(2)Case 3 is where R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person).
(3)Case 4 is where—
(a)R requests, agrees to receive or accepts a financial or other advantage, and
(b)the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.
(4)Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity.


Bribery of foreign public officials


(1)A person (“P”) who bribes a foreign public official (“F”) is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official.
(2)P must also intend to obtain or retain—
(a)business, or
(b)an advantage in the conduct of business.
(3)P bribes F if, and only if—
(a)directly or through a third party, P offers, promises or gives any financial or other advantage—
(i)to F, or
(ii)to another person at F's request or with F's assent or acquiescence, and
(b)F is neither permitted nor required by the written law applicable to F to be influenced in F's capacity as a foreign public official by the offer, promise or gift.
(4)References in this section to influencing F in F's capacity as a foreign public official mean influencing F in the performance of F's functions as such an official, which includes—
(a)any omission to exercise those functions, and
(b)any use of F's position as such an official, even if not within F's authority.



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