ABC law demand that companies take adequate steps to prevent corruption. To realise this, they must take a proactive approach to establish that corruption, in all its various guises, will not be tolerated.
Regular anti-bribery and corruption training and a clear, well-publicised policy against which corporate entertainment can be assessed on a case-by-case basis are essential. While industry, geography, and the size of any given benefit may affect whether hospitality is corrupt, the underlying principle must remain unchanged: the intention is key.
The following basic questions, which can be incorporated into any such policy, also act as helpful guidelines:
1. Will the offeree feel any pressure to contract?
2. Are we completely comfortable disclosing what we have offered or accepted?
3. What might a reasonable member of the public think?
4. Could a prosecutor establish a link between the benefit offered and an intention to influence?
5. Is the benefit being offered as a quid pro quo for the award of business?