1. ANTI-BRIBERY, CORRUPTION & MONEY LAUNDERING POLICY
The Climbing Hangar does not tolerate bribery or corruption in any form, whether that be offering, paying or receiving a bribe. This type of conduct is absolutely prohibited whether committed by employees or anyone else acting on The Hangar’s behalf.
This Anti-bribery, Corruption and Money Laundering Policy (ABC Policy) explains what a bribe is and provides additional information to help individuals working for The Hangar remain compliant with the UK's laws on bribery, in particular, the Bribery Act 2010 (the Act). It also explains what money laundering is and sets out The Hangar’s policy for ensuring it is compliant with any relevant legislation.
It is essential that you read and comply with the ABC Policy at all times in order to prevent bribery. Failure to comply with this Policy will result in disciplinary action and could be a criminal offence. If you have any doubt as to whether any conduct could amount to bribery, the matter should be referred to the Chief Compliance Officer for this policy.
Paul Gilbert , Chairman
Who must comply with this policy?
Everyone working for, or on behalf of, The Hangar MUST comply with this policy. Any act of bribery or a breach of this policy is unacceptable. This includes all employees and directors as well as agents, partners, intermediaries, consultants, suppliers, sub-contractors or anyone else working on behalf of The Hangar (a Business Partner).
We may report such conduct to the authorities as it could breach the Act. An offence under the Act can result in a fine and/or up to a maximum of 10 years in prison.
Who is responsible for implementation?
The senior management team have overall responsibility for ensuring The Hangar complies with its responsibilities as detailed within the ABC Policy.
The Chief Compliance Officer (as identified during anti-bribery and corruption training or otherwise by The Hangar) is responsible for ensuring that such measures are implemented.
Penalties for breach of the policies and procedures
An offence under the Act can result in a fine and/or up to a maximum of 10 years in prison.
Any act of bribery or a breach of this policy is unacceptable. Employees may face disciplinary action, which could result in dismissal. Failure to comply with this ABC Policy may also leave you open to criminal prosecution under the Act. We may report such conduct to the authorities as it could be a breach of the Act.
For Business Partners:
We may terminate our relationship with any Business Partner working on our behalf if they breach this ABC Policy. We may report such conduct to the authorities as it could be a breach of the Act. The Hangar:
A breach of this Policy by an employee or a Business Partner acting on our behalf could result in The Hangar breaching the Act. An offence under the Act can result in the business being fined and could lead to negative publicity and serious damage to the reputation of The Hangar.
What is a bribe?
Bribery means promising, offering, giving, requesting, or receiving whether directly or indirectly or through a third party, any advantage to induce or reward behaviour that is improper.
An advantage may be financial and could be anything which is (or might be) valuable to the person being offered the bribe or someone connected to them (e.g. a relative or friend). For example, an advantage may be: money, loans, free or discounted goods, donations (including charitable donations or sponsorship), an award of business, employment contracts or job offers, preferential treatment, gifts or hospitality and holidays or expenses.
Improper behaviour is behaviour which is illegal, dishonest or a breach of duty. For example: breaching your duty to your employer to act in good faith and to act impartially, or to not accept any bribes, disclosing confidential information, breaching a business rule, giving a supplier or customer preferential treatment or stealing.
Facilitation payments (also known as 'back-handers' or 'grease payments'), are typically small, unofficial payments or gifts made to public officials to perform, or speed up the performance of, their duties. Facilitation payments are illegal.
Examples of these payments include payments to police officers to overlook a traffic offence, or unofficial payments to an official to accelerate the issue of a permit or visa.
Recognising Potential Misconduct
In deciding whether a breach of this ABC Policy has occurred or is about to occur you should ask yourself:
- Could this conduct be viewed as dishonest, unethical or unlawful?
- Could the conduct hurt The Hangar - e.g. could it cause us to lose credibility with customers or business partners?
- Does the conduct breach the duties that business partners owe to others? Does it breach their own policies or codes?
- Could this conduct hurt other people – e.g. other employees or customers?
- Would I be embarrassed to see this conduct reported in the newspaper?
- Does it feel wrong?
- If the answer to any of these questions is “Yes” or “Maybe”, a potential issue exists that needs to be reported (see below).
Gifts and Hospitality – what is appropriate?
Meals, entertainment and gifts are acceptable if they are reasonable and proportionate. However, gifts and entertainment that are lavish or used to improperly influence a business decision or reward improper behaviour, are unacceptable and could be considered a bribe.
As part of its anti-bribery procedures, The Hangar has set limits on what gifts are acceptable. You must not offer or accept:
- any gift of cash or a cash equivalent such as gift cards, vouchers or shares;
- any gift worth more than £200, unless this has been approved in writing in advance by the Chief Compliance Officer;
- repeat gifts (i.e. more than three gifts to or from the same person or business within a twelve-month period), even if they are under £200.
Hospitality and entertainment should be kept within acceptable and proportionate limits,and must be appropriate for all the circumstances. Anything out of the ordinary, lavish or unreasonable should be avoided. Hospitality and entertainment should normally be no more than £200 per head per event.
Any hospitality or entertainment worth more than £200 per head per event must be approved in writing in advance by the Chief Compliance Officer. If the recipient of the hospitality and entertainment is a public official then prior authorisation by the Chief Compliance Officer must always be obtained, regardless of value. Repeated hospitality or entertainment (i.e. more than three events to or from the same person or business within a twelve-month period), must not be offered or accepted.
All gifts and entertainment offered, given or accepted must be recorded in the Gifts and Entertainment Register.
Under UK law, any offer of an advantage to a foreign public official in connection with winning or retaining business could be treated as a bribe, even if nothing improper was intended.
Therefore, you MUST be very careful when dealing with public officials, in particular from countries outside the UK.
Public officials include many types of people. Examples of public officials are:
- an employee of a government-owned or controlled company;
- an officer or individual who holds a position in a political party;
- a candidate for public office; or
- a person who carries out a public function within any country, such as a policeman, customs official, licensing inspector, planning official, health and safety inspector or an immigration official.
Outside employment or business activity
Employees may not accept other employment that creates a conflict of interest. This could include taking other employment that might impair their ability to perform their job, spending Company time on outside activities or accepting work from a competitor while they are employed by The Hangar.
The Hangar will ensure that, where required, an employee is able to consult with a manager or the Chief Compliance Officer about whether a proposed activity is permissible or constitutes a conflict.
Working with friends and relatives
In circumstances where the employment of a close relative or the use of a company to which a relative or friend is connected is anticipated, the employee should be removed from hiring decisions and direct supervision of an employee, supplier or contractor to whom the employee is related.
What is money laundering?
Money laundering is the term used for a number of offences involving the conversion of the proceeds of crime into assets which appear to be legitimate. Any benefit from any criminal conduct is included in the definition of the proceeds of crime. For example, it can involve the use of (“dirty”) cash received from the sale of stolen property to purchase (“clean”) goods (“laundering”). Alternatively, if you were aware that a customer had benefitted from tax evasion, then that benefit would be seen as the proceeds of a crime.
An offence is committed by: (i) transferring, concealing or possessing property that comes from criminal behaviour; (ii) being involved in an arrangement permitting the use or control of criminal property; or (iii) suspecting money laundering (including by another (e.g. a customer) and doing nothing about it.
Terrorist financing relates to assets/funds which are involved in financing or supporting activities related to terrorism. It can be prohibited to deal with funds which come from a legitimate source if they relate to terrorist financing.
Money laundering and terrorist financing is illegal. We are committed to complying with all applicable anti-money laundering laws.
How to comply
- take reasonable steps to reassure yourself that the Business Partner you want to deal with is honest and acts with integrity and can reasonably be expected to refrain from bribery;
- ensure all contracts and/or agreements entered into by The Hangar are signed by a Director of The Hangar – any such contracts and/or agreements not signed by a Director of The Hangar will not be enforceable and will not bind The Hangar;
- ensure all meetings with public officials are attended by a minimum of two representatives of The Hangar, including a Director;
- keep proper, complete and accurate records;
- always use approved business channels to make and receive payments;
- inform the Chief Compliance Officer immediately if you either know, suspect or have reasonable grounds to suspect bribery, corruption or money laundering;
- report any other concerns to the Chief Compliance Officer or to the confidential compliance helpline [firstname.lastname@example.org].
You must not:
- promise, offer or give a bribe in any form, either direct or via someone else such as an agent or supplier;
- request or accept a bribe in any form, either direct or via someone else;
- make facilitation payments on behalf of The Hangar;
- allow a private interest to influence your work for The Hangar, or fail to disclose a connection to a person or organisation we are doing business with.
If you are faced with a bribe or have any concerns or suspicions of bribery, corruption or money laundering taking place you must follow the escalation procedures set out in Section 13 of this policy. If in doubt about whether something might be a bribe or whether an action is appropriate, you must ask the Chief Compliance Officer before going ahead.
How to raise a concern
You are encouraged to raise concerns about any issue or suspicion of bribery, corruption or money laundering at the earliest possible stage. 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 or the Chief Compliance Officer OR report it confidentially to the compliance helpline [email@example.com] as soon as possible.
If you are unsure about whether a particular act constitutes bribery or corruption, raise it with your manager or the Chief Compliance Officer or through the confidential compliance helpline [firstname.lastname@example.org].
We are committed to ensuring 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 their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future.
Further information is available in the Whistle Blowing Policy.
All reported instances of bribery corruption or money laundering must be escalated immediately and brought to the attention of the Chief Compliance Officer.
The Chief Compliance Officer must keep proper, complete and accurate records which will be updated on a weekly basis for central processing and recording purposes.
Potential risk scenarios: "Red Flags"
The following is a list of possible red flags that may arise during the course of you working for us and which may raise concerns. 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 manager OR to the Chief Compliance Officer OR confidentially via the compliance helpline [email@example.com]:
- a staff member accepts expensive gifts from a Business Partner;
- a staff member shows preferential treatment for a particular Business Partner;
- a Business Partner requests that payments are made into a bank account that is not in the name of the Business Partner;
- a Business Partner offers lavish entertainment and/or expensive gifts;
- a Business Partner requests that you provide employment to one of their friends or relatives; or
- a customer says he will not make a complaint to an authority in return for a discount/free accommodation.
Checks on Business Partners – due diligence
The Hangar can be held responsible for bribery committed anywhere in the world by anyone performing services or acting on its behalf. This means that we need to satisfy ourselves that our Business Partners do not pose a risk of bribery.
Before entering into any engagement with a new Business Partner, we must make checks and enquiries on that Business Partner. We must be especially careful when engaging a new Business Partner:
- who interacts with public officials on our behalf;
- is not a UK entity; or
- where the contract value is high.
All new Business Partners will be provided access to a copy of the ABC Policy and this will form part of all new (and any renewal) contracts.
When dealing with a Business Partner that falls into any of the above categories, the following action should be taken. The list is not intended to be exhaustive and is for illustrative purposes only. Checks should always be tailored to the circumstances of each individual Business Partner or proposed transaction. Further due diligence might be required in appropriate cases.
- check whether the Business Partner has ever been investigated for corruption or has any reputational links with corrupt practices;
- check whether the Business Partner has its own anti-corruption policy in place;
- check whether the Business Partner carries out anti-corruption due diligence on its own suppliers and group companies;
- check whether the payment level to the Business Partner is in line with market rates; and
- on a case by case basis, consider requesting that the Business Partner provides a warranty in relation to not bribing or engaging in corruption, fraud etc.
Trade Incentives are incentives of value offered or promised by suppliers (whether distributors, stockists, agencies, retailers) and/or their sales personnel (including agency contracted sales personnel) in return for achieving pre-agreed commercial targets such as sales and visibility targets.
Trade incentives can have a legitimate role to play in business. However, if a trade incentive is made inappropriately it could be considered a bribe.
You must ensure that all trade incentives are transparently documented in a written agreement between the contracted supplier and The Hangar (not between individuals acting on their behalf) and incentives should never be paid in cash. You should not enter into any agreement (oral, informal or otherwise) or accept any incentive (when offered without any agreement) without the express authorisation from the Directors.
The Hangar do not make contributions to political parties. As The Hangar only make charitable donations that are legal and ethical under local laws and practices, any proposed or intended donation requires the prior written approval of the Chief Compliance Officer.
The Hangar will maintain a record of all donations.
Next review date
This policy, together with the Risk Assessment, will be reviewed on 1 October 2019.