INTRODUCTION
This Anti-bribery and Anti-Corruption Policy (“Policy”) exists to set out the responsibilities of 3Gem Media Group (“3Gem Media Group ” or “Company”) and those who work for us in regards to observing and upholding our zero-tolerance position on bribery and corruption
POLICY STATEMENT
3Gem Media Group has a zero-tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever we operate. 3Gem Media Group further is further committed to conducting business in an ethical and honest manner, implementing and enforcing systems that ensure bribery and corruption is prevented. 3Gem Media Group will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of the UK, including the Bribery Act 2010. We also recognize that bribery and corruption are punishable by up to ten years of imprisonment and a fine. If our company is discovered to have taken part in corrupt activities, we may be subjected to an unlimited fine, be excluded from tendering for public contracts, and face serious damage to our reputation. It is with this in mind that we commit to preventing bribery and corruption in our business and take our legal responsibilities seriously. We aim to maintain anti-bribery and corruption compliance “business as usual”, rather than as a one-off exercise.
OBJECTIVE OF THIS POLICY
This policy provides a coherent and consistent framework to enable the employees to understand and implement arrangements enabling compliance. In conjunction with related policies and key documents it will also enable employees to identify and effectively report a potential breach. We require that all personnel, including those permanently employed, temporary agency staff and contractors:
a) To act honestly and with integrity at all times and to safeguard the Company’s resources for which they are responsible
b) comply with the spirit, as well as the letter, of the laws and regulations of all jurisdictions in which the Company operates, in respect of the lawful and responsible conduct of activities
SCOPE OF THIS POLICY
This policy applies to all of the Company’s activities. For partners, joint ventures and suppliers, we will seek to promote the adoption of policies consistent with the principles set out in this policy. Within the Company, the responsibility to control the risk of bribery and corruption occurring resides at all levels of the Company. It does not rest solely within assurance functions, but in all business units and corporate functions. This policy covers all personnel, including all levels and grades, those permanently employed, temporary agency staff, contractors, non-executives, agents, Members (including independent members), volunteers and consultants. Any arrangements 3Gem Media Group makes with a third party is subject to clear contractual terms, including specific provisions that require the third party to comply with minimum.
DEFINITION OF BRIBERY
a) Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision. b) A bribe refers to any inducement, reward, or object/item of value offered to another individual in order to gain commercial, contractual, regulatory, or personal advantage. c) Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law. d) Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively, or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s equivalent of a compliance officer.
THIS COMPANY’S COMMITMENT TO ACTION
This Company commits to: a) Setting out a clear anti-bribery and corruption policy and keeping it up to date b) Making all employees aware of their responsibilities to adhere strictly to this policy at all times c) Training all employees so that they can recognize and avoid the use of bribery and corruption by themselves and others d) Encouraging its employees to be vigilant and to report any suspicions of bribery and corruption, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately e) Rigorously investigating instances of alleged bribery and corruption and assisting police and other appropriate authorities in any resultant prosecution f) Taking firm and vigorous action against any individual(s) involved in bribery and corruption g) Provide information to all employees to report breaches and suspected breaches of this policy h) Include appropriate clauses in contacts to prevent bribery and corruption. i) Bribery and corruption is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage.
THE BRIBERY ACT, 2010
There are four key offences under the Act: a) bribery of another person (section 1) b) accepting a bribe (section 2) c) bribing a foreign official (section 6) d) failing to prevent bribery (section 7) The Bribery Act 2010 makes it an offence to offer, promise or give a bribe (Section 1). It also makes it an offence to request, agree to receive, or accept a bribe (Section 2). Section 6 of the Act creates a separate offence of bribing a foreign public official with the intention of obtaining or retaining business or an advantage in the conduct of business. There is also a corporate offence under Section 7 of failure by a commercial organization to prevent bribery that is intended to obtain or retain business, or an advantage in the conduct of business, for the organization. An organization will have a defense to this corporate offence if it can show that it had in place adequate procedures designed to prevent bribery by or of persons associated with the organization
GIFTS AND HOSPITALITY
3Gem Media Group accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:
a) It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
b) It is not made with the suggestion that a return favour is expected.
c) It is in compliance with local law.
d) It is given in the name of the company, not in an individual’s name.
e) It does not include cash or a cash equivalent (e.g., a voucher or gift certificate).
f) It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank you to a company for helping with a large project upon completion).
g) It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
h) It is given/received openly, not secretly.
i) It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
j) It is not above a certain excessive value, as pre-determined value of in excess of £100.
k) It is not offer to, or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s Executive Officer 3Gem Media Group recognizes that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each. Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to the line manager, who will assess the circumstances. Gifts from suppliers should always be disclosed. The intention behind a gift being given/received should always be considered. If there is any uncertainty, the advice of the line manager should be sought
FACILITATION PAYMENTS
Facilitation payments are not tolerated and are illegal. Facilitation payments are unofficial payments made to public officials in order to secure or expedite actions. 3Gem Media Group recognizes that, despite our strict policy on facilitation payments and kickbacks, employees may face a situation where avoiding a facilitation payment or kickback may put their/their family’s personal security at risk. Under these circumstances, the following steps must be taken: a) Keep any amount to the minimum.
b) Ask for a receipt, detailing the amount and reason for the payment.
c) Create a record concerning the payment.
d) Report this incident to your line manage.
POLITICAL CONTRIBUTIONS
3Gem Media Group will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates. We recognize this may be perceived as an attempt to gain an improper business advantage.
CHARITABLE CONTRIBUTIONS
3Gem Media Group accepts and indeed encourages the act of donating to charities, whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes. Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery or corruption. We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the required approvals.
EMPLOYEE RESPONSIBILITIES
As an employee of 3Gem Media Group, you must ensure that you read, understand, and comply with the information contained within this policy, and with any training or other anti-bribery and anticorruption information you are given. All employees and those under our control are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery and corruption policy. If you have reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you must notify the Executive Officer. If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct.
DUE DILIGENCE
3Gem Media Group applies due diligence procedures, taking a proportionate and risk-based approach, in respect of persons who perform or will perform services for or on behalf of the company, in order to mitigate identified bribery and corruption risks.
COMMUNICATION
The Company seeks to ensure that its bribery and corruption prevention policies and procedures are embedded and understood throughout the Company through internal and external communication, including training that is proportionate to the risks it faces.
MONITORING AND REVIEW
The Company monitors and reviews procedures designed to prevent bribery and corruption by persons associated with it and makes improvements where necessary. This Company is committed to proportional implementation of these principles. Bribery or Corruption is not tolerated, and it is unacceptable to: a) 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 b) 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 c) accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them d) accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return e) retaliate against or threaten a person who has refused to commit a bribery offence or who has raised concerns under this policy f) engage in activity in breach of this policy.
PUBLIC CONTRACTS AND FAILURE TO PREVENT BRIBERY
Under the Public Contracts Regulations 2006 (which gives effect to EU law in the UK), a company is automatically and perpetually debarred from competing for public contracts where it is convicted of a corruption offence. There are no plans to amend the 2006 Regulations for this to include the crime of failure to prevent bribery or corruption. Organizations that are convicted of failing to prevent bribery or corruption are not automatically barred from participating in tenders for public contracts. 3Gem Media Group has the discretion to exclude organizations convicted of this offence
WHISTLEBLOWING
This Company is committed to ensuring that all of us have a safe, reliable, and confidential way of reporting any suspicious activity. We want each and every member of staff to know how they can raise concerns. We all have a responsibility to help detect, prevent and report instances of bribery or corruption. If you have a concern regarding a suspected instance of bribery or corruption, please speak up –your information and assistance will help. The sooner you act, the sooner it can be resolved. Preferably the disclosure will be made and resolved internally, to your head of department/line manager. Secondly, where internal disclosure proves inappropriate, concerns can be raised with the regulator or external auditor.
PROTECTION
Staff who refuse to accept or offer a bribe, or those who raise concerns or report wrongdoing can understandably be worried about the repercussions. We aim to encourage openness and will support anyone who raises a genuine concern in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring nobody suffers detrimental treatment through refusing to take part in bribery or corruption, or because of reporting a concern in good faith.
RECORD KEEPING
3Gem Media Group will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made. We will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given and understand that gifts and acts of hospitality are subject to managerial review.
NOTE
All employees are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing. This policy does not form part of any employee's contract of employment and it may be amended at any time
