4. Gifts, Business Courtesies and Anti-bribery Compliance
The giving and receiving of appropriate gifts may be considered to be common business practice, but also carry the risk of perceived bribery. The Group understands that appropriate business gifts and courtesies, such as hampers and meals, are designed to build relationships and understanding among business partners. However, gifts and courtesies should never compromise, or appear to compromise, the Group’s or its business partners’ ability to make objective and fair business decisions.
It is the responsibility of both business partners and Company Personnel to use good judgment in this area. As a general rule, Company Personnel may not give or receive gifts or entertainment from business partners unless the gift and entertainment is in compliance with applicable law and Company policy, is insignificant in value and not given in consideration or expectation of any action by the recipient.
The Group has an internal policy, i.e. Gift and Entertainment Policy in respect of the giving or receipt of gifts and entertainments with which all Company Personnel is required to comply – this includes reporting and prior internal approval of the giving or receipt of any gifts and entertainment. The Group may choose to decline to allow the Company Personnel to receive such offers or they may be required to return gifts.
The Group is committed to full compliance with anti-bribery and anti-corruption legislation including the U.S. Foreign Corrupt Practices Act (“FCPA”) and the United Kingdom Bribery Act 2010 (“Bribery Act”). Business partners of the Group and the Company Personnel are required to fully comply with FCPA, Bribery Act and similar anti-bribery and anti-corruption legislation. These generally prohibit giving anything of value, directly or indirectly, to officials of foreign governments or foreign political candidates in order to obtain or retain business. A violation of FCPA, Bribery Act or similar legislation not only violates the Company’s policy but also constitutes a civil or criminal offense under such legislation.
A business partner may not make any political contributions as a representative of the Group or create the impression that such business partner is acting as a representative of the Group. In addition, a business partner, when acting on behalf of the Group, must not offer bribes, similar considerations or anything of value to any public employee or any other person or company with the intent of improperly influencing any governmental entity, or such person or company, for the purpose of obtaining or retaining business for, directing business to or otherwise gaining some benefit or advantage for, the Group.