Anti Bribery and Corruption Policy.
At ASM Engineering Ltd we appreciate the importance of ethical behaviour and we are proud of our high ethical standards, but we cannot be complacent about the threat of bribery and corruption in our business. Our first business principle deals with ‘integrity in corporate conduct’ which commits us to implement anti-corruption policies and procedures. Our second business principle ‘ensuring openness and transparency’ commits us never to engage in bribery, any form of unethical inducement or payment including facilitation payments and ‘kickbacks’. This policy is part of those commitments.
The UK Bribery Act 2010 creates offences and penalties for bribery and corruption. The UK Bribery Act 2010 creates a corporate offence of failure to prevent bribery, and requires ASM Engineering Ltd to implement ‘adequate procedures’ to prevent bribery. This policy sets out the responsibilities of ASM Engineering Ltd people and ASM Engineering Ltd businesses in preventing bribery and corruption and how we will implement ‘adequate procedures’ to do so.
Definition
For the purposes of this policy, bribery occurs when one person offers, pays, seeks or accepts a payment, gift, favour, or a financial or other advantage from another to influence a business outcome improperly, or to induce or reward improper conduct.
Bribery and corruption – whether involving government officials, or commercial entities, including joint ventures – can be direct or indirect through third parties like agents, brokers and joint venture partners. It includes facilitation payments even though in some countries facilitation payments are legal.
Scope
Under the UK Bribery Act 2010, ASM Engineering Ltd is required to put procedures in place to prevent bribery by any individual or organisation that performs services for or on behalf of ASM Limited. Consequently, this policy applies to every employee, contractor, director and officer in every wholly-owned ASM Engineering Ltd company and in every joint venture company under ASM Engineering Ltd control.
Contractors, consultants or suppliers who are ASM Engineering Ltd agents or who are working on our behalf or in ASM Engineering Ltd name, through outsourcing of services, processes or any business activity, will be required to act consistently with this policy when acting on our behalf. Independent contractors, consultants or suppliers will be made aware of this policy as it applies to our people in their dealings with them. Our responsible procurement and supplier management policy will also continue to apply to suppliers.
Responsibilities
Managing Director:-
Has a legal responsibility to make sure fraud and corruption are prevented, detected and investigated. Combating fraud and corruption including bribery requires an understanding of how and why it happens, the ways in which it can be minimised and how to professionally investigate.
All Staff:-
All staff, contractors, directors and suppliers acting on behalf of ASM Engineering Ltd are individually responsible for conforming to the rules and regulations contained in ASM Engineering Ltd Anti Bribery and Corruption Policies & Procedures.
Any offers of gifts or hospitality, which are in any way related to their duties, must be discussed by the member of staff with their line manager.
All staff, contractors, directors and suppliers acting as agents on behalf of ASM Engineering Ltd must declare any possible conflicts of interest which they may have in contracts.
When a member of staff suspects that there has been fraud, corruption or bribery, they must report the matter to the Accounts Manager.
Giving Gifts, Gratuities and Hospitality
ASM Engineering Ltd will never provide gifts or hospitality with the intention of influencing anyone to act improperly or of influencing a public official in the performance of his duties.
Our policy does not prohibit giving promotional or personal gifts of low value or extending appropriate hospitality, provided that such gifts and hospitality are given to indicate regard for the individual in question and for the business relationship rather than to induce them to act improperly.
As a very general guide, gifts to individuals should not normally have a value in excess of £50. Hospitality should involve sharing (as opposed to gifting or providing) good quality food and drink but should not be lavish or extravagant in the local context.
NOTE: – Not under any circumstance is it acceptable for any persons working for/on the behalf of ASM Engineering Ltd including affiliates to give or receive money as a gift.
Bribery & Corruption
ASM Engineering Ltd does not tolerate any form of bribery or corruption. You must not offer, pay, make, seek or accept a personal payment, gift or favour in return for favourable treatment or to gain any business advantage. You must follow the anti-bribery and corruption laws to which you and ASM Engineering Ltd are subject, remembering that UK apply wherever you are operating.
You are liable to disciplinary action, dismissal, legal proceedings and possibly imprisonment if you are involved in bribery and corruption.
You must ensure people who work for and with you understand bribery and corruption is unacceptable.
You must comply with ASM Engineering Ltd procedures for the prevention of bribery and corruption.
ASM Engineering Ltd shall regularly and systematically identify bribery and corruption risks in its business and implement adequate risk-based procedures aimed at preventing bribery and corruption occurring including:
Communication – We will communicate this policy and relevant guidance to employees across the Group, through our established internal communication channels. We will also communicate this policy to our suppliers, contractors and business partners and wider stakeholders.
Training – We will ensure that those within the scope of the policy receive training appropriate to their activities and the associated risks.
Books and records – We will maintain adequate books and records which properly and fairly document all financial transactions. We will maintain written evidence to record compliance with this policy.
Audit – Our internal control systems will be subject to regular internal and independent audit to provide assurance that they are effective in countering bribery and corruption.
Mergers and acquisitions – Through due diligence we will prevent the acquisition of bribery and corruption related liabilities.
Business relationships – We will ensure that our business partners -including contractors, suppliers, agents, brokers and joint venture partners -are fit to do business with.
Supply chain – We will address bribery and corruption risk in our supply chain including by ensuring that payments made for goods and services are reasonable.
Conflicts of interest – Gifts and hospitality – We will address conflicts of interest and the risks created by gifts and hospitality through the implementation of our internal policies.
Government officials – We will implement procedures applicable to our (or our agents’, or those suppliers in our supply chains’) dealings with government officials, political parties and related persons or organisations.
Review & Monitoring
The Policy will be reviewed and developed periodically to ensure it remains effective and any necessary amendments will be communicated to all employees.