Bribery 2

Brribey Act 2010

Example facilitation payments policy

Our company prohibits ‘facilitation’ or ‘grease’ payments as these are bribes and illegal. Facilitation payments are small payments made to secure or speed up routine actions, usually by public officials, such as issuing permits, immigration controls, providing services or releasing goods held in customs. It is also our policy that we work to ensure that our agents and other intermediaries, joint ventures and consortia, contractors and suppliers do not make facilitation payments on our behalf. If you have doubts about a payment and suspect that it might be considered a facilitation payment, only make the payment if the official or third party can provide a formal receiptor written confirmation of its legality. If practicable, obtain senior management/legal approval for the payment or consult the corporate helpline. If the demand is accompanied by immediate threat of physical harm then put safety first, make the payment and then report immediately to senior management/legal counsel the circumstances and amount of the payment.

Example no-bribes policy

This company has a zero tolerance of bribery and corruption. This policy extends to all the company’s business dealings and transactions in all countries in which it or its subsidiaries and associates operate. This policy is given force in a detailed anti-bribery programme which is regularly revised to capture changes in law, reputation demands and changes in the business. All directors and employees are required to comply with this policy.

Example criteria to test if gifts, hospitality or reimbursed expenses comply with the anti-bribery programme:

  • Made for the right reason: if a gift or hospitality, it should be given clearly as an act of appreciation. If travel expenses then for a bona fide business purpose;
  • No obligation: the gift, hospitality or reimbursement of expense does not place the recipient under any obligation;
  • No expectations: expectations are not created in the giver or an associate of the giver or have a higher importance attached to it by the giver than the recipient would place on such a transaction;
  • Made openly: if made secretly and undocumented then the purpose will be open to question;
  • Accords with stakeholder perception: the transaction would not be viewed unfavourably by stakeholders if it were made known to them;
  • Reasonable value: the size of the gift is small and the value of the hospitality or reimbursed expense accords with general business practice;
  • Appropriate: the nature of the gift, hospitality or reimbursed expense is appropriate to the relationship and accords with general business practice;
  • Legality: it is compliant with relevant laws;
  • Conforms to the recipient’s rules: the gift, hospitality or reimbursement of expenses meets the rules or code of conduct of the recipient’s organisation;
  • Infrequent: the giving or receiving of gifts and hospitality is not a regular happening between the giver and the recipient;
  • Reported: the gift, hospitality or expense should be recorded and reported to management;
  • Documented: the expense is fully documented including purpose and approvals given and properly recorded in the books

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