Anti-Bribery Clause In Agreement
The supplier`s contractual clause should make it clear that by signing the supplier contract, they are committing to the company`s strict standards of corruption. This means not doing anything that could cause damage to the subscriber`s reputation, having the right procedures to prevent corruption, complying with all audits performed and much more. Like an employment contract clause, a contractual clause of the supplier should stipulate that the company distances itself from third parties, such as for example. B a supplier, who offer or accept bribes. The above requirement is a minimum requirement (i.e. all contracts between the organisation and the counterparty should, as far as possible, include a prohibition on corruption). The organization could choose to meet this requirement by inserting a very simple clause in the contract requiring the counterparty to undertake not to participate in corrupt conduct. The above provisions apply in particular to the fight against corruption. However, other clauses, usually contained in contracts, may also have repercussions on the fight against corruption.
This could include, for example, that the organization may choose to include broader anti-corruption provisions, particularly in the case of more complex or riskier transactions and riskier counterparties. This could include, for example, that the requirement in Measure 14 to introduce a prohibition on corruption in the contract only applies to contracts with counterparties with a lower than low risk of corruption for the organisation. (See Business Associate Corruption Risk Assessment for the proposed risk classification of counterparty and proposed low-risk thresholds.) In accordance with measure 14 of the Anti-Corruption Programme for Organizations, an organization should apply procedures to ensure that, for all counterparties with a higher than low risk of corruption, the Organization would not be required to include a prohibition on corruption in its contracts with low-risk counterparties. The administrative requirement to do so should be inappropriate and disproportionate to the low risk. If an employee is found guilty of offering bribes, promised, given, requested, accepted or accepted while working for a given organization, their employer has the right to terminate their employment contract with immediate effect and should do so. The above provisions are indicated primarily as commitments and obligations of the counterparty, but it would be common and fairer in most contracts to apply the provisions in the same way to both parties. . . .