Show Is the giving of gifts on special or festive occasions considered corruption? Broadly, corruption is receiving, asking for or giving any gratification to induce a person to do a favour with a corrupt intent. Therefore, it is not so straightforward without fully understanding the circumstances of the case, the individual facts and the intent of the parties involved. Each case must be assessed on its own merits to determine if it is a case of corruption. The act of giving a genuine gift (such as red packets) in itself without any corrupt intention is not considered corruption. However, if the gift is given secretly, or in a manner that attempts to avoid notice or attention with a view of securing personal special privilege or advantage and more so at the expense of the recipient’s principal’s/employer’s interest (i.e. resulting in a compromise of the recipient’s official duties), it may be deemed to be corrupt and hence an offence under the Prevention of Corruption Act. In giving gifts, especially if it involved parties whom one may have an official relationship with, one may want to consider being upfront with the recipient’s boss and employer. This would improve transparency and at the same time allow the recipient’s employer to assess if the recipient could be held beholden to the gifts. Should you be in any doubt as to whether any particular transaction is corrupt, you can consult the CPIB Duty Officer at the CPIB HQ at 2 Lengkok Bahru, or the Corruption Reporting & Heritage Centre at 247 Whitley Road. Alternatively, you can call the Duty Officer at our hotline: 1800 – 3760000. Are referral fees or commissions considered corruption? While there are no exhaustive guidelines as to when the payment or receipt of referral fees is corrupt, much will depend on the individual facts and circumstances of the case and the intent of the parties involved. For example, whether such payments or receipts are properly accounted for, and whether the receivers or the givers are allowed or authorised to accept or make such payments either by their company or the regulatory bodies relating to their profession. Although it is not possible to list all instances where payment will be deemed to be corrupt, the law has held that one of the elements that is required to establish a corrupt transaction is that the transaction must appear to the ordinary person to be “objectively corrupt”. Therefore, clear instances of corruption would include instances where a “referral fee” is given to an employee as an inducement or as a reward for gaining business advantage and/or is intended to influence the employee to act in such a way that compromises his employer’s interests. Each case must be assessed on its own merits to determine if it is a case of corruption. Should you be in any doubt as to whether any particular transaction is corrupt, you can consult the CPIB Duty Officer at the CPIB HQ at 2 Lengkok Bahru, or the Corruption Reporting & Heritage Centre at 247 Whitley Road. Alternatively, you can call the Duty Officer at our hotline: 1800 – 3760000. Are both the giver and receiver of the bribe money guilty of corruption? Yes, it is an offence to give or receive a bribe. What happens if the receiver of the bribe is not in a position to carry out the favour asked by the giver? The receiver of the bribe can be charged and convicted of corruption even if he/she is not in the position to carry out the favour asked by the giver of the bribe. If a Singaporean commits a corruption offence abroad, is he punishable under the Prevention of Corruption Act? Yes, the Act has extra-territorial powers over a Singapore citizen to deal with corrupt acts outside Singapore as though it were committed in Singapore. Non-citizens may be investigated and prosecuted in Singapore if they abet the commission of a corruption offence related to Singapore. I am interested to learn more about corruption, and what I can do to prevent corruption. Where can I turn to for information? The CPIB website covers a comprehensive range of information about corruption. We conduct Learning Journeys for students and Corruption Prevention Talks for both public and private organisations. Please refer to the e-Booking for Learning Journey and e-Booking for Public Education Talk for more details. If you are unable to find an answer to your query, please submit your Feedback to let us know how we can help you.
The year end is approaching, and with that the holiday season is fast approaching. You might be making plans on where to spend the Christmas Eve and what to get everyone as a Christmas gift. When it comes to your private life, this may be an easy task but what about in the context of your work? A question of where to draw the line between a gift and a bribe may come to mind and this is why the ethical spotlight is now aimed at revisiting the rules on Gifts and Hospitality. Giving a gift is a universal way to show interest, appreciation, and gratitude, as well as strengthen bonds with others. It is normal to want to treat your business contacts well, send a Christmas card or maybe show courtesy with a small gift. However, the line between legitimate gift or business entertainment and a bribe can be difficult to evaluate. Conflicts of interest can arise and an employee may put himself or the company vulnerable to accusations of unethical or even unlawful conduct. A gift is something of value given without the expectation of return. A bribe on the other hand, is the same thing but with the expectation of influence or benefit. Both can be monetary, actual items or they can be tickets to an event, like different sporting events or entertainment, such as dinners or concerts. Even if bribers are generally thought of being in the form of cash, that is not always the case. Also, while a modest gift given around Christmas might not raise too many eyebrows, a gift given at the time of a tender process could be considered a bribe, no matter how innocent it might be. You should always be aware of the timing as well. A Stora Enso sales team has sometimes been requested by their customers to provide gifts of substantial values around holiday seasons. These gifts are intended to be used as lottery prices during the customers’ annual employee parties. During these parties, the employees of the customer can participate in a lottery
(without any cost) and if lucky, win different prices. It has been common locally for suppliers to send their customers valuable gifts, such as a smart phone or expensive cosmetics, to be used as these prices. In some extreme cases, customers could also request us to pay partly or entirely for their annual party. As you can see, this is a very tricky area that invites a lot of questions and interpretations. In Stora Enso, we have extensive guidance on giving and receiving gifts and hospitality and this is the perfect time to recap them on our Business Practice Policy chapter 7 and by going through the Spotlight material from here. Ethics and Compliance Tags: Latest News You may also like...What is the true meaning of gift giving?something given voluntarily without payment in return, as to show favor toward someone, honor an occasion, or make a gesture of assistance; present. the act of giving.
Are gifts considered bribes?When someone gives someone else a gift, it's given freely and with no expectations for getting something in return. If a gift is given with the intent of getting something in return, it's no longer a gift but a trade at best and a bribe at worst. Bribes, unlike gifts, come with strings attached.
What are some examples of bribery?Examples of active bribery. Bribing a public official in order to: ... . Channelling bribes to win public contracts through a consultant.. Payment of small bribes to customs officials to expedite passage of goods through a port.. Employing a public official's son to influence the award of contracts.. What makes gift giving unethical?The client may feel a sense of pride and satisfaction from being able to thank the worker with a gift. However, if the client feels exploited or manipulated—or if the client receives inappropriate services as a result of gift-giving—then encouraging or accepting the gift would be unethical.
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