Anti-Corruption Legislation - Dealer Advice

No-one in the supply chain is allowed to offer, pay, request or receive bribes

Our vendors require that anyone in the supply chain, including distributors, resellers and third parties, adhere to the following legislation (as a minimum):

• United States Foreign Corruption Practices Act (FCPA);
• United Kingdom Anti-Bribery Act; and
• South African Prevention and Combating of Corrupt Activities Act, 2003.

Why?

• Anti-corruption laws govern requirements for companies around bribery and corruption;
• Vendors are required by law to comply with this legislation; and
• Vendors are obliged to ensure that everybody in the supply chain including distributors, resellers and service providers of their products adhere to these laws, irrespective of the territory in which their products are sold or services offered.

What is it?

• Anti-corruption laws prohibit bribery by anyone in the supply chain in order to solicit a sale;
• Bribery and payments include cash, travel expenses, entertainment, additional side agreements, commissions or even sponsorships or contributions lo organizations etc.;
• Anti-bribery regulations permit reasonable promotional, entertainment, and travel expenses for government officials. There is no set amount when a gift becomes a bribe. Violations are determined by intent and purpose of the gift, not its cash value;
• You cannot ignore what is done by third parties in the supply chain as you are also liable;
• "I did not know' is not an excuse; and
• Laws prohibit distributors, resellers and third-parties or their agents are to sell goods to countries on banned countries list

What can happen?

Corporate suicide:

• Imprisonment;
• Reputational damage; and
• Hefty penalties or fines imposed on all parties in the supply chain.

Next Steps:

• Please familiarize yourself with the requirements of anti-bribery laws;
• Vendors' websites carry information or event training programmes;
• Do proper due diligence on third parties before dealing with them and understand the parties that you are engaging with;
• Be aware of possible 'red flags' (corruption indicators);
• Trust your instincts and investigate or report those; and
• You are re qui red to ensure that your customers, clients, and agents are familiar with anti-bribery requirements, and that they are properly trained on the topic.