About this policy. This is a short form, to use alongside our full template. Use it when you want a one-page policy to attach to a contract, or to give a supplier or contractor to sign up to, using the incorporation clause. It is a UK-focused text: for each country where you work, add the matching country supplement. It is general information and a starting point, not legal advice, so have your own lawyer confirm it suits you.

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Anti-Corruption & Bribery Policy

11 July 2018

This anti-corruption and bribery policy is designed to give everyone involved in transactions in the yachting sector guidance on countering bribery and corruption, and to assist in complying with the United Kingdom's Bribery Act 2010, to which all UK passport holders are subject even if working abroad.

1. Definitions

• 1.1 In this policy, the following words have the following meanings:
  • 1.1.1 Contract means the contract to which You are a party, and either into which this policy has been expressly incorporated, or by virtue of which you have been instructed to comply with this policy;
  • 1.1.2 Third Party means any organisation or individual You come into contact with during the course of Your business, work or employment, including but not limited to actual or potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties;
  • 1.1.3 You means any organisation or individual who is party to the Contract; and
  • 1.1.4 Your means of You.

2. Policy Statement

• 2.1 The objective of this policy is that You conduct your business, work or employment in an ethical manner.
• 2.2 You must take a zero-tolerance approach to bribery and corruption and act professionally, fairly and with integrity in Your business, work or employment.
• 2.3 You must uphold all applicable laws relevant to countering bribery and corruption, in all the jurisdictions in which You undertake your business, work or employment.

3. About This Policy

• 3.1 This policy applies to You.
• 3.2 The purpose of this policy is to:
  • 3.2.1 Set out Your responsibilities in observing and upholding Your position on bribery and corruption; and
  • 3.2.2 Provide information and guidance to You on how to recognise and deal with bribery and corruption issues.
• 3.3 It is a criminal offence to offer, promise, give, request, or accept a bribe. Individuals found guilty can be punished by imprisonment and/or a fine. As an employer if You fail to prevent bribery You can also be punished and reputation damaged. You must therefore take Your legal responsibilities very seriously.
• 3.4 This policy should be referred to regularly by You as it may be amended at any time.

4. Responsibility For Compliance

• 4.1 Where You are an organisation, individuals at all levels of management within the organisation are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it.
• 4.2 Where You are an individual, You alone are responsible for compliance with this policy.

5. Bribery & Corruption

• 5.1 Bribery is offering, promising, giving or accepting any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly, or where the recipient would act improperly by accepting the advantage.
• 5.2 An advantage includes, but is not limited to, money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or anything else of value.
• 5.3 A person acts improperly where they act illegally, unethically, or contrary to an expectation of good faith or impartiality, or where they abuse a position of trust. The improper acts may be in relation to any business or professional activities, public functions, acts in the course of employment, or other activities by or on behalf of any organisation of any kind.
• 5.4 Corruption is the abuse of entrusted power or position for private gain.

6. What You Must Not Do

• 6.1 It is not acceptable for You, or for someone else on Your behalf, to:
  • 6.1.1 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;
  • 6.1.2 Give or accept a gift or hospitality during any commercial negotiations or tender process, if this could be perceived as intended or likely to influence the outcome;
  • 6.1.3 Accept a payment, gift or hospitality from a Third Party that You know or suspect is offered with the expectation that it will provide a business advantage the Third Party them or anyone else in return;
  • 6.1.4 Accept hospitality from a Third Party that is unduly lavish or extravagant under the circumstances;
  • 6.1.5 Offer or accept a gift to or from government officials or representatives, or politicians or political parties;
  • 6.1.6 Threaten or retaliate against another individual who has refused to commit a bribery offence or who has raised concerns under this policy; or
  • 6.1.7 Engage in any other activity that might lead to a breach of this policy.

7. Facilitation Payments & Kickbacks

• 7.1 You must not make, and will not accept, facilitation payments or kickbacks of any kind.
• 7.2 Facilitation payments, also known as backhanders or grease payments, are payments made to secure or expedite a course of action.
• 7.3 Kickbacks are payments made in return for a favour or advantage.
• 7.4 You must avoid any activity that might lead to a facilitation payment or kickback being made or accepted by You or on Your behalf, or that might suggest that such a payment will be made or accepted. If You are asked to make such a payment on Your behalf, You should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment.

8. Hospitality & Gifts

• 8.1 This policy allows reasonable and appropriate hospitality or entertainment given to or received from a Third Party, for the purposes of:
  • 8.1.1 Establishing or maintaining good business relationships;
  • 8.1.2 Improving or maintaining Your image or reputation; or
  • 8.1.3 Marketing or presenting Your products and/or services effectively.
• 8.2 You are prohibited from accepting a gift from, or giving a gift to, a Third Party other than where all the following requirements are met:
  • 8.2.1 The gift is not made with the intention of influencing a Third Party to obtain or retain business or 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;
  • 8.2.2 The gift does not include cash or a cash equivalent (such as gift certificates or vouchers);
  • 8.2.3 The gift is appropriate in the circumstances, taking account of the reason for the gift, its timing and value, for example small Christmas gifts;
  • 8.2.4 The gift is given openly, not secretly; and
  • 8.2.5 Giving or receipt of the gift complies with applicable local laws.
• 8.3 Promotional gifts of low value, such as branded stationery, will usually be acceptable.

9. Accounting

• 9.1 All accounts, invoices, and other records relating to dealings with any Third Party including suppliers and customers should be prepared with strict accuracy and completeness.
• 9.2 Accounts must not be kept off-book to facilitate or conceal improper payments.

10. Your Responsibilities

• 10.1 You must ensure that You read, understand and comply with this policy.
• 10.2 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for You or under Your control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy.

11. Raising Concerns

• 11.1 If You are offered a bribe, or are asked to make one, or if You believe or suspect that any bribery, corruption or other breach of this policy has occurred or may occur, You must notify Your manager, if You have one, as soon as possible.
• 11.2 If You are unsure about whether a particular act constitutes bribery or corruption, you must raise it with Your manager, if You have one, as soon as possible.

12. Protection

• 12.1 You must ensure that no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern.

13. Breaches Of This Policy

• 13.1 Where You are a business or contractor, a breach of this policy is a repudiatory breach of the Contract.
• 13.2 Where You are an employee, a breach of this policy is an act of gross misconduct.