Who Is Covered by This Policy?

Bribery Policy

The purpose of this policy is to protect the employer from fraudulent activity and breaches of anti-corruption laws. The employer will not tolerate any form of corruption or fraud, either by employees, trustees or anyone acting on behalf of the employer and is committed to complying with relevant anti-corruption and anti-fraud laws in all the countries in which we do business. Employees and third parties must report any circumstances which breach this policy. All reported incidences of actual or suspected corruption or fraud will be investigated promptly and thoroughly, and dealt with appropriately.

Who is covered by this policy?

This policy applies to employees, trustees, volunteers and others working or acting for or on behalf of the employer whether or not they are directly employed by it, wherever they work.

Definitions of terms used in this policy

Bribe: this includes;

• Offering, promising or giving anything of value to influence another person improperly in order to obtain business or funding for the organisation

• Requesting or accepting anything of value as a reward for or as an inducement to act improperly in relation to awarding business.

Bribes can include money, gifts, hospitality, expenses, reciprocal favours, political or charitable contributions, or any direct or indirect benefit or consideration.

Facilitation payments: payments requested by government officials to speed up a routinegovernment action such as:

• Processing licences, permits, or other official documents
• Processing government paperwork such as visas and work orders
• Providing services such as police protection and mail pick-up and delivery.

Government officials: officials of any government department or agency; officials of anypublic international organisation (e.g. the United Nations); political parties and party leaders; candidates for public office; executives and employees of government-owned or government-run companies (such as a doctor in a state-controlled hospital); anyone acting on behalf of any of these officials; an individual holding a legislative, administrative or judicial position.

Third party/parties: includes consultants, contractors, partners and other representativesworking or acting on behalf of the employer.

Fraud: this falls into three main categories:

• Theft and the misappropriation of assets for personal benefit

• False accounting and/or making fraudulent statements with a view to personal gain
• Fraud perpetrated against the employer.

1. Bribery and corruption

It is illegal to pay or receive a bribe either directly or indirectly. A bribe need not be successful to be viewed as corrupt; the offering of it is enough to amount to a criminal offence.

Facilitation payments

It is illegal to make any sort of payment or give anything of value to a government official where this is to obtain or retain business or some other commercial advantage for the organisation. We do not allow facilitation payments anywhere in the world, and employees must not make payments, regardless of local custom.

Gifts, hospitality and entertainment

Conduct must always be consistent with the gifts and hospitality procedures attached.

Political and charitable donations

Everyone covered by this policy may make personal political and charitable donations provided the donation is not made for the personal, financial, or political benefit of any government official, or any customer, supplier, third party or their families. Donations must not be made to influence the recipient improperly, or in exchange for any advantage to the employer.

Use of and payments to third parties and due diligence

Employees must not make a payment to a third party if they know or suspect that the person may use or offer all or a portion of the payment directly or indirectly as a bribe.

Employees must ensure that any third parties working for the employer are legitimate service providers. To do so, they must carry out appropriate due diligence before engaging any such party. This may include a risk assessment of potential corruption factors including:

• The country in which the business is to be conducted
• The third party's potential business partners
• The nature of the proposed project or transaction.

All paperwork documenting the due diligence checks and risk assessment should be maintained for audit purposes.

2. Fraud

The organisation does not tolerate fraud, impropriety or dishonesty of any kind. A suspicion of fraud will be rigorously investigated.

Breaching anti-corruption and/or anti-fraud laws

Breaching anti-corruption or anti-fraud laws is a very serious matter, with potentially heavy consequences for the organisation and individuals, for example imprisonment, fines, and serious loss of reputation.

We will thoroughly investigate all allegations of corruption and fraud and take legal and/ordisciplinary action where necessary. Where a case is referred to the police or other law enforcement agency, we will co-operate fully with the criminal investigation.

Reporting breaches of this policy

If you are concerned about any activity that might breach this policy, please report it immediately to [insert name]

Gifts and Hospitality

Giving and receiving gifts and hospitality are customary and accepted parts of building goodwill in business relationships.

This document sets out what is and is not considered acceptable, and gives guidance on the grey areas.

Principles

When giving or receiving gifts or hospitality, we must exercise our judgement, taking into account pertinent circumstances, including:

• The nature of the gift or hospitality

• The position of those involved

• The business context.

Employees and trustees and those acting on behalf of Scouting at national level must declare and keep a record of all gifts and hospitality received or offered.

What should and should not be accepted or offered?

There are three categories of gifts and hospitality:

• Those that are usually acceptable and that we may approve ourselves

• Those that may be acceptable but require prior approval from line managers or the Chair of Trustees

• Those that are never acceptable and must always be declined.

1. Acceptable without prior approval

• Gifts up to £50 in value: gifts of nominal value, such as pens, calendars, or small promotional items

• Meals up to £100 per head: modest, occasional meals with someone with whom we do business

• Hospitality up to £100 per head: occasional attendance at ordinary sports, theatre or other cultural events

• Events organised by the employer
• Attendance at industry events or conferences that we pay for ourselves.

1. Acceptable with prior approval

• Gifts over £50 in value
• Meals that may be over £100 per head

• Hospitality over £100 per head and less than £250

• Travel or accommodation associated with entertainment

• Prior approval must be sought if your spouse or partner is offered a gift, hospitality or a meal, regardless of the value

• Prior approval must be sought if you are including spouses or partners as part of any hospitality, regardless of the value.

1. Unacceptable

• Supplier goods or services for personal use

• Any gift or hospitality that would be deemed illegal, unethical or which might potentially cause offence or damage the employer’s reputation

• Gifts or hospitality involving parties actively engaged in a tender, pre-tender or competitive bidding process
• Any gift of cash or cash equivalent

• Any gift or hospitality which might be perceived as over-generous or disproportionate, or which could influence, or appear to influence, the recipient

• Recurring hospitality, e.g. the use of a season ticket or attendance at events where the third party is not present.

All hospitality involving government or local officials, regardless of the value involved, needs prior approval from either the Senior Management Team, UK Chief Commissioner (for HQ volunteers) or Chairman of the Board (trustees only) and recording in the Gifts and Hospitality Register.

Registering gifts or hospitality

All gifts and hospitality received or given must be recorded except where a gift or hospitality received or given is less than £10, when it is not necessary to add the details to the register. Examples of gifts, in this instance, would include a promotional pen, mouse mat etc. For hospitality this would include where you meet someone for a coffee or a drink, providing it is less than £10 in value.

A register of all entries will be maintained by The Director of Corporate Services.

Charitable donation

Recipients of a gift or hospitality may wish to consider making a charitable contribution to The Scout Association of an amount up to the value of the gift or hospitality received.

If in doubt

It is always best to check with your line manager if there is any doubt over whether something is or is not acceptable, or needs prior approval.

Human Resources – August 2012