The document, which requires signed acknowledgement of receipt, summarises the company's anti-corruption policy, which bans everything such as "gifts, travel, entertainment, meals or other things of value" that might improperly influence a government official to "facilitation payments", defined as "small payments made to government officials to expedite routine actions".
BHP Billiton SA spokesperson Johnny Dladla said the company's code of conduct and internal policies prohibit corruption. "Specifically, our policies specify risk assessment and due diligence requirements for engaging business partners who interact with others on our behalf," he said. Although the action is commendable, experts say that moves such as these by large multinationals are because of tougher international legislation, such as the United Kingdom's Bribery Act, introduced last year, and The United States's Foreign Corrupt Practices Act (FCPA), introduced in the late 1970s, are being enforced more actively.
Werksmans Attorneys director and forensic law specialist David Loxton says that Britain's Bribery Act is making companies liable of an offence if they did not put measures in place to stamp out corruption. This was quite unlike the FCPA and South Africa's Prevention and Combating of Corrupt Activities Act, both of which required intent on the part of company agents to commit bribery. "The UK Bribery Act goes much, much further," Loxton said. "If a corporation can't show that it has measures [in place] to prevent bribery, then the strict liability offence will kick in."
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