Anti-Bribery and Anti-Corruption Compliance
Bribery and corruption risks, particularly for companies that deal with the public sector, take part in tenders or operate abroad, raise both the criminal liability of company executives and heavy administrative sanctions for the company itself. We prepare your anti-bribery and anti-corruption policies, set up your compliance programme and conduct internal investigations and defence in suspicious cases.
How are companies affected by the offence of bribery?
The offence of bribery covers not only acts directed at public officials but also acts directed at persons acting on behalf of certain organisations listed in the law. Although criminal liability lies with the individuals who commit the act, where offences such as bribery, fraud or bid rigging are committed on behalf and for the benefit of a company, the company may also be given an administrative fine under the Law on Misdemeanours.
Companies operating abroad or with foreign shareholders may also fall within the scope of rules with extraterritorial effect, such as the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.
What is an anti-bribery compliance programme?
An anti-bribery compliance programme is a set of policies and procedures that identifies the company’s risks, sets rules on gifts, hospitality, donations and sponsorship, ensures that intermediaries and business partners are checked, trains employees and handles reports of breaches. A programme that works well not only prevents breaches but is also how the company shows it exercised due care when a breach does occur.
Scope
- Preparing anti-bribery and anti-corruption policies and procedures
- Setting rules on gifts, hospitality, donations and sponsorship
- Setting up checks on intermediaries, consultants and business partners
- Internal investigations in suspicious cases and defence in criminal proceedings
How We Work
- Identifying the company’s points of contact with the public sector, its intermediaries and its risk areas
- Writing policies and procedures to fit the company’s structure
- Preparing checks and contract provisions for business partners
- Training employees and executives
- Integrating the reporting line and internal investigation processes with the programme
Team
Frequently Asked Questions
Is giving a small gift to a public official bribery?
Bribery requires a benefit to be given in return for performing or not performing a duty. Even so, public officials are subject to separate strict rules on accepting gifts. We recommend setting clear limits and an approval process for gifts and hospitality to public officials in the company policy.
Is the company liable for a bribe paid by an intermediary?
Where the intermediary acts on the company's behalf and for its benefit, criminal liability may arise for executives depending on their knowledge and involvement, and administrative sanctions for the company. The selection of intermediaries, their contracts and the control of payments to them are therefore at the centre of the compliance programme.
Does having a compliance programme affect the penalty?
Under Turkish law, a compliance programme is not regulated as a factor that directly removes the penalty. However, the company being able to show it took reasonable measures to prevent the breach matters when assessing the liability of executives and the company; under foreign rules, it is often a decisive element of the defence.
What should we do when a suspicion of bribery arises in the company?
Evidence must be preserved, an independent internal investigation started and the situation assessed legally. Depending on the findings, employment and criminal law routes against the individuals involved and, where necessary, reporting to the competent authorities are considered.
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