Policy statement

It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to Bribery and Corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever BGCI operates, and implementing and enforcing effective systems to counter bribery.

Purpose

To uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which BGCI conducts business, including in the UK by adhering to the principles of the Bribery Act 2010 (the Act) which applies to conduct both in the UK and abroad.

Scope and applicability

This policy applies to all individuals working for or on behalf of BGCI at all levels and grades, whether permanent, fixed term or temporary, and wherever located, including consultants, contractors, seconded staff, casual staff, agency staff, volunteers, agents, sponsors and other person who performs services for or on behalf of BGCI (collectively referred to as Workers in this policy).

In this policy, Third Party means any individual or organisations that Workers come into contact with during the course of work and the running of BGCI’s business, and includes actual and potential funders, actual and potential partners, members, intermediaries, referrers of work, suppliers, distributors, business contacts, agents, advisors, government and public bodies (including their advisors, representatives and officials), politicians and political parties.

This policy applies in all countries or territories where BGCI operates. Where local customs, standards, laws or other local policies apply that are stricter than the provision of this policy, the stricter rules must be complied with. However, if this policy stipulates stricter rules than local customs, standards, laws or other local policies, the stricter provisions of this policy shall apply.

What is bribery?

A bribe is an inducement or reward offered, promised or provided in order to improperly gain any commercial, contractual, regulatory, or personal advantage, which may constitute an offence under the Act, namely:

• Giving or offering a bribe;
• Receiving or requesting a bribe; or
• Bribing a foreign public official.

BGCI may also be liable under the Act if it fails to prevent bribes by an associated person (including, but not limited to Workers) for BGCI’s benefit.

Gifts, invitations and hospitality

This policy does not prohibit normal and appropriate hospitality (given and received) to or from Third Parties unless specifically stated.

Workers are prohibited from accepting a gift or giving a gift to a Third Party in the following situations. If:

• it is made with the intention of influencing a Third Party to obtain or retain business, to gain a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
• it is given in the Worker’s name and not in the name of BGCI;
• it includes cash or a cash equivalent (such as gift certificates or vouchers);
• it is of an inappropriate type and value and given at an inappropriate time (e.g. during a tender process); or
• it is given secretly and not openly.

We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable, justifiable and proportionate. The intention behind the gift should always be considered.

Facilitation payments and kickbacks

We do not make, and will not accept, facilitation payments or “kickbacks” of any kind, such as small, unofficial payments made to secure or expedite a routine government action by a government official, or payments made in return for a business favour or advantage.

Where the facilitation payment is being extorted or you are being coerced to pay it and your safety or liberty is under threat or you feel you have no alternative but to pay for personal or family peace of mind, then pay the Facilitation Payment and report this to your line manager as soon as possible.

What is not acceptable

It is not acceptable for Workers (or someone on their behalf) to:

• give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
• give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to ‘facilitate’ or expedite a routine procedure;
• accept payment from a Third Party where it is known or suspected that it is offered with the expectation that it will obtain a business advantage for them;
• accept a gift or hospitality from a Third Party where it is known or suspected that it is offered or provided with an expectation that a business advantage will be provided by BGCI in return;
• threaten or retaliate against another Worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
• engage in any activity that might lead to a breach of this policy or perceived breach of this policy.

Record keeping

We will keep appropriate financial records.

• It is the Worker’s responsibility to ensure that all accounts, invoices, memoranda and other documents and records relating to dealings with Third Parties, such as clients, suppliers and business contacts, are prepared and maintained with strict accuracy and completeness. No accounts must be kept ‘off-book’.
• Workers must ensure all expense claims relating to gifts, invitations and hospitality or expenses incurred to Third Parties are submitted in accordance with BGCI’s expenses policy and specifically record the reason for the expenditure.

Responsibilities and raising concerns

The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All Workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.

Workers are required to notify BGCI as soon as possible if it is believed or suspected that a conflict with this policy has occurred, or may occur in the future, or if they are offered a bribe, are asked to make one, suspect that this may happen in the future, or believe that they are a victim of another form of unlawful activity,

All workers have the responsibility to read, understand and comply with this policy.

Any worker who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct.

BGCI reserves the right to terminate its contractual relationship with non-employee Workers if they breach this policy.

Protection

Workers who refuse to take part in bribery or corruption, or report in good faith under this policy their suspicion that an actual or potential bribery or other corruption offence has taken place or may take place in the future will be protected from detrimental treatment/retaliation. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern.

Governance

The Board of Trustees has overall responsibility for ensuring this policy complies with BGCI’s legal and ethical obligations, and that all those under BGCI’s control comply with it.
The Secretary General has primary and day-to-day responsibility for implementing this policy and for monitoring its use and effectiveness. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training on it.

Monitoring and review

The Secretary General will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible.

APPENDIX 1

“RED FLAGS”

The following is a list of possible red flags that may arise during the course of your work for us and which may raise concerns under various anti-bribery and anti-corruption laws. The list is not intended to be exhaustive and is for illustrative purposes only.

If you encounter any of these red flags while working for us, you must report them promptly to your line manager.

1. you become aware that a Third Party engages in, or has been accused of engaging in, improper business practices;
2. if the Third Party refuses to divulge adequate information during due diligence procedure;
3. you learn that a Third Party has a reputation for paying bribes, or requiring that bribes are paid to them, or has a reputation for having a ‘special relationship’ with foreign Public Officials;
4. a Third Party insists on receiving a commission or fee payment before committing to sign up to a contract with us, or carrying out a government function or process for us;
5. a Third Party requests payment in cash and/or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made;
6. a Third Party requests that payment is made to a country or geographic location different from where the Third Party resides or conducts business;
7. a Third Party requests an unexpected additional fee or commission to ‘facilitate’ a service;
8. a Third Party demands lavish Gifts, Invitations or Hospitality before commencing or continuing contractual negotiations or provision of services;
9. a Third Party requests that a payment is made to ‘overlook’ potential legal violations;
10. a Third Party requests that you provide employment or some other advantage to a friend or relative;
11. a Third Party requests that you make a political contribution or donation to the party or charity of their choice before agreeing to undertake a business relationship with BGCI
12. you receive an invoice from a Third Party that appears to be non-standard or customised;
13. a Third Party refuses to put terms agreed in writing;
14. you notice that BGCI has been invoiced for a commission or fee payment that appears large given the service stated to have been provided;
15. a Third Party requests or requires the use of an Agent, intermediary, consultant, distributor or supplier that is not typically used by or known to us; or
16. you are offered an unusually generous gift or offered lavish hospitality by a Third Party.