ANTI-BRIBERY POLICY
Company Context
Arquebus is fully committed to conducting its business in full compliance with its obligations under applicable law or regulation.
As a company operating in global markets Arquebus is required to conduct its business operations in accordance with the laws of the UK and such other jurisdictions as may be appropriate from time to time.
As such Arquebus has a zero-tolerance approach to bribery and corruption, this Anti Bribery and Corruption (ABC) Policy sets out your responsibilities to:
- Act professionally, fairly and with integrity in all your business dealings and relationships, wherever we operate.
- Observe and uphold Arquebus’s zero-tolerance approach to bribery and corruption.
Principles
Arquebus does not accept or condone the practice of gaining business advantage by means of bribe, incentive, or other improper inducement of third parties.
All Arquebus employees, agents or representatives are specifically prohibited from offering, promising, giving, or paying a bribe, incentive, or other improper inducement to any person where such action is expected, or might reasonably be expected, to result in an improper performance of that person’s duties, or as a reward for past improper performance of those duties.
Improper performance includes the failure to do something that the person should do. These restrictions apply worldwide.
Arquebus employees, agents or representatives are similarly prohibited from requesting, agreeing to receive, or accepting any bribe, incentive, or other improper inducement.
For the absence of doubt, such restriction does not extend to the provision or receipt of proportionate hospitality (a cup of coffee, lunch, invitation to reasonable corporate entertainment event), however it
should be noted that “facilitation payments” is specifically outlawed under the UK Bribery Act. If you are in any doubt as to what is or is not proportionate hospitality, please refer to your direct Line Manager for guidance.
Arquebus’ Requirements
You must:
Conduct your business activities in an honest, transparent, and ethical manner, in line with Arquebus ’s zero-tolerance approach to bribery and corruption.
Not give, offer, request, accept, or authorise anything that is, or could be considered, a bribe (see below);
Not offer, make or authorise any facilitation payments or other financial advantages, no matter how small the payments are (see below).
Complete any required ABC training in a timely manner; and promptly report to your Line Manager all requests for bribes or facilitation payments, or any possible non-compliance with the ABC Policy.
Bribes
A bribe is an inducement or reward offered, promised, or provided to gain any commercial, contractual, regulatory or personal advantage. It includes not only cash, but also other forms of inducement, including gifts, entertainment, or hospitality. It may even include things such as donations to a charity of someone’s choice, or the offer of a job to a family member of a customer or potential customer.
If you are ever in doubt about whether an action may amount to bribery, please get in touch with your Line Manager.
Facilitation Payments and “Kickbacks”
Facilitation payments are typically small, unofficial payments made to secure or speed up a routine government action by a government official.
“Kickbacks” are typically payments made in return for a business favour or advantage.
Facilitation payments and “kickbacks” are a form of bribery. Arquebus will not make and will not permit to be made on its behalf, facilitation payments or “kickbacks” of any kind, even if they may be permitted under local law.
Donations
Employees must not make any donations to anyone for or on behalf of Arquebus.
Gifts and Hospitality
Gifts and Hospitality comes in a variety of forms. It may, for example, include physical gifts (such as wine or food hampers), dinner in a restaurant, tickets to the theatre or a sporting event/other entertainment, travel and accommodation, or the use of equipment or facilities for purposes not relating to Arquebus ’s business.
Gifts and hospitality that are proportionate to the business activity are acceptable but if you are unsure please refer to you Line Manager for guidance.
What should you do if you are a victim of bribery or corruption?
You must inform your Line Manager as soon as possible if you are asked to make a bribe, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful ABC activity.
Legislative Context
The UK has enacted legislation in relation to the way that UK companies and companies operating in the UK are required to conduct themselves when dealing with third parties. This legislation is the Bribery Act 2010 which came into effect on 1st July 2011. You must comply with all anti-bribery and corruption (ABC) laws and regulations wherever in the world we operate.
Consequences of Non-Compliance
Any employee reasonably proven to have offered, promised, given or paid a bribe, incentive, or other improper incentive to a third party will commit an act of Gross Misconduct and will be subject to disciplinary action under the Arquebus Disciplinary Policy.
In addition to the above any employee, agent or representative is reasonably believed by the Company to have committed a breach of UK or overseas legislation will be reported by the Company to the relevant authority.
Individuals convicted under the UK Bribery Act risk imprisonment of up to 10 years and or an unlimited fine as well as disqualification as a director.
Further, companies convicted under the act because of improper behaviour by individuals risk an unlimited fine and under the Proceeds of Crime Act confiscation of the proceeds (not just profit) under any contract obtained because of the impropriety.
Reporting / Whistleblowing
Where an employee, agent or representative is approached either to provide or receive an inducement then this must immediately be reported. Failure to report such an approach will be considered an act of Gross Misconduct.
Arquebus encourages employees, agents, and representatives to report to the company where they become aware of any improper behaviour by anyone acting for or on behalf of Arquebus. Reports of any type should be made in confidence to their Line Manager.
CEO Anti-Bribery and Corruption Statement
The CEO statement can be found here.
