Bribery and Corruption Concepts and Terminology
What the exam tests
This domain checks whether you can classify a payment correctly and use statutory vocabulary precisely. Examiners reward candidates who distinguish bribery from extortion, active from passive conduct, and direct from indirect payments.
Core concepts
- Bribery is generally the offer, promise or giving of a financial or other advantage to induce or reward improper performance of a function or activity. The UK Bribery Act 2010 frames both sides as active (giving) and passive (receiving) bribery.
- Improper performance means breach of an expectation of good faith, impartiality or trust, or performance for improper motives.
- Anything of value is broad: cash, gifts, travel, loans, jobs for relatives, scholarships, charitable donations, debt write-offs and promises of future benefit.
- Corrupt intent links the advantage to improper action, though the advantage need not be paid directly to the official.
- Extortion and duress describe demands or threats. A payment made under duress may still be a bribe and must be recorded accurately; duress is not a general licence to pay.
Worked example
A company engages a “consultant” recommended by a minister’s nephew. The consultant has no office, produces one vague invoice and is paid US$50,000. The minister later supports the company’s licence application. Reasoning: the payment is indirect; the benefit may reach the official or his relative; the lack of genuine services and the recommendation indicate corrupt intent. The invoice description would also misstate the transaction.
Traps
Do not assume private-sector bribery is outside anti-corruption law; the UK Act covers commercial functions. Do not treat a payment to an intermediary as legally separate from the official. Do not equate a small amount with a facilitation payment.