Basic Training - Bribery Act 2010 - Sample Questions

The Public Interest Disclosure Act 1998 protects employees who disclose information about bribery in their organisation providing the person making the disclosure is acting in good faith; believes the disclosure to be true and is not acting maliciously or for personal gain?

Your answer:

A UK based company were bidding for a major haulage contract. Without the knowledge of the owners or management one of their employees paid a bribe to the awarding company to ensure they won the contract.

Which of the following statements is most accurate?

Your answer:

 The company may be prosecuted for failure to prevent bribery
 The employee may be prosecuted for giving a bribe
 The company may be prosecuted for failure to prevent bribery and the employee may be prosecuted for giving a bribe

Section 7 of the Act, failure by a relevant commercial organisation to prevent bribery, states that a commercial organisation will be liable if a "person associated" with it commits conduct amounting to a section 1 or 6 offence.

An associated person is likely to include which of the following?

1. A contractor who performs services for the organisation
2. An agent who deals with the organisations' customers
3. A supplier from which the organisation buys products only
4. An employee

Your answer:

 1, 3 and 4
 1, 2 and 4
 2, 3 and 4
 All of the above

An organisation exports goods to a subsidiary in China. A local well trusted Clearing Agent is contracted to arrange post shipment inspection and customs clearance. An inspection of the invoices from the Agent identify regular "miscellaneous" amounts on the invoices. The total charges from the Agent per shipment are well within the specified amounts in the contract and they have never mentioned any problems with arranging clearance. When asked about these amounts the Agent states that they relate to parking fees, toll payments and subsistence incurred during visits to the port.

Which of the following would be the correct course of action?

Your answer:

 As there is no reason to doubt the word of the Agent no further action is required
 Establish exactly what fees are legally required to be paid for inspection & clearance, request sight of all the relevant receipts for the miscellaneous charges and consider an in-depth audit of all charges on the Agent's invoices

A conflict of interest occurs when a person or organisation has a private or personal interest that is or appears to be contrary to his or her loyalty to the business. Conflict of interest may exist on its own or be an intricate part of other frauds such as bribery.

Which of the following are examples of actual or potential conflicts of interest?

1. An employee signs off timesheets for a contractor that employs his brother
2. An employee is a silent director of one of his employer's contractors but receives no income for his directorship
3. Two contractors bidding for a contract have a common director
4. An employee has a substantial shareholding in a company that does business with his employer

Your answer:

 1 and 3
 1, 3 and 4
 2, 3 and 4
 All of the above