ABSTRACT
In the anti-bribery field, due diligence is narrowly framed as a process to check the backgrounds of people and organisations – such as agents and others who perform services – before trust is placed in them: primarily to avoid corporate liability for bribe payment under Section 7 of the Bribery Act 2010 and the Foreign Corrupt Practices Act (FCPA1). Incident reporting (or ‘whistle blowing’2) and contingency plans for investigating suspected bribe payment are also regarded in regulatory circles as mandatory. This chapter tries to put the two processes in an ‘Inspired Integrity’ frame, suggesting ways that they can generate marketing, reputational and financial advantages while going well beyond compliance. It also discusses contingency planning for investigations and information protection.
