Version: 1.0
Date: 7 May 2024
Authorised for Release: Carew Wilks
Following approval any required changes to this Policy shall be raised and notified to the Steering Committee.
1. Anti-Bribery Policy
This anti-bribery policy exists to set out the responsibilities of the OBC RDSC and those who work for us in regards to observing and upholding our zero-tolerance position on bribery and corruption. It also exists to act as a source of information and guidance for those working for OBC RDSC. It helps them recognise and deal with bribery and corruption issues, as well as understand their responsibilities.
2. Policy Statement
The OBC RDSC is committed to conducting business in an ethical and honest manner, and is committed to implementing and enforcing systems that ensure bribery is prevented. The OBC RDSC has zero-tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate.
The OBC RDSC will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of the UK, including the Bribery Act 2010, in regards to our conduct both at home and abroad.
The OBC RDSC recognises that bribery and corruption are punishable by up to ten years of imprisonment, a fine, and face serious damage to our reputation. It is with this in mind that we commit to preventing bribery and corruption, and take our legal responsibilities seriously.
3. Who is covered by the policy?
This anti-bribery policy applies to all employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with us (including third parties), or any of our subsidiaries or their employees, no matter where they are located (within or outside of the UK). The policy also applies to Officers, Trustees, Board, and/or Committee members at any level.
In the context of this policy, third-party refers to any individual or organisation that the OBC RDSC meets and works with. It refers to business contacts, advisers, and government and public bodies – this includes their advisors, representatives and officials, politicians, and public parties.
4. Definition of Bribery
Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.
A bribe refers to any inducement, reward, or object/item of value offered to another individual in order to gain commercial, contractual, regulatory, or personal advantage.
Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.
Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the OBC RDSC Steering Committee.
4.1 Gifts and hospitality
The OBC RDSC accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:
a. It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
b. It is not made with the suggestion that a return favour is expected.
c. It is in compliance with local law.
d. It is given in the name of the company, not in an individual’s name.
e. It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).
f. It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank you to a company for helping with a large project upon completion).
g. It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
h. It is given/received openly, not secretly.
i. It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
j. It is not above a certain excessive value.
k. It is not offered to, or accepted from, a government official or representative or politician or political party.
l. Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to an OBC RDSC Steering Committee Member, who will assess the circumstances.
m. The OBC RDSC recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.
4.2 Political Contributions
The OBC RDSC will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates.
4.3 Charitable Contributions
The OBC RDSC accepts (and indeed encourages) the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes.
Be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.
5. Raising a Concern
If you suspect that there is an instance of bribery or corrupt activities occurring in relation to the OBC RDSC or you suspect that you may have been bribed or asked to make a bribe; you are encouraged to raise your concerns at as early a stage as possible. If you’re uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to an OBC RDSC Steering Committee Member.
If you have reason to believe you’ve been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, you should inform an OBC RDSC Steering Committee Member immediately.
You are encouraged to offer feedback on this policy if you have any suggestions for how it may be improved. Feedback of this nature should be addressed to an OBC RDSC Steering Committee Member via [email protected]
This policy does not form part of an employee’s contract of employment and the OBC RDSC may amend it at any time so to improve its effectiveness at combatting bribery and corruption.