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Anti-Bribery Policy

1. Purpose

1.1 Baker Stuart (“the Company”) is committed to the practice of responsible corporate behaviour and to complying with all laws, regulations and other requirements which govern the conduct of our operations.

1.2 The Company is fully committed to instilling a strong anti-corruption culture and is fully committed to compliance with all anti-bribery and anti-corruption legislation including, but not limited to, the Bribery Act 2010 (“the Act”) and ensures that no bribes or other corrupt payments, inducements or similar are made, offered, sought or obtained by us or anyone working on our behalf.

1.3 Senior management is committed to implementing effective measures to prevent, monitor and eliminate bribery.

1.4 The policy does not form part of your contract of employment, and we reserve the right to amend or withdraw it at any time.

2. Bribery

Our organisation is committed to complying with the Bribery Act 2010 in all its business activities.

2.1 Bribery is defined as the giving or promising of a financial or other advantage to another party where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage is in itself improper conduct.

2.2 Bribery is also deemed to take place if any party requests or agrees to receive a financial or other advantage from another party where that advantage is intended to induce that party to perform a particular function improperly, where the acceptance of that advantage is in itself improper conduct, or where that party acts improperly in anticipation of such advantage.

2.3 Bribery of a foreign official is defined as the giving or promising of a financial or other advantage which is intended to influence the official in order to obtain business or an advantage in the conduct of business unless the foreign official is required or permitted by law to be influenced by such advantage.

3. What is prohibited?

3.1 Employees or associated persons are prohibited from offering, promising, giving, soliciting, or accepting any bribe. The bribe might be cash, a gift or other inducement to, or from, any person or organisation, whether a public or government official, official of a state-controlled industry, political party or a private person or organisation, regardless of whether the employee or associated person is situated in the UK or overseas.

3.2 The bribe might be made to ensure that a person or organisation improperly performs duties or functions (for example, by not acting impartially or in good faith or in accordance with their position of trust) to gain a:

      3.2.1 Commercial, contractual, or regulatory advantage for our organisation in either obtaining or maintaining organisation business, or

      3.2.2 Personal advantage, financial or otherwise, for the individual or anyone connected with the individual.

3.3 This prohibition also applies to indirect contributions, payments or gifts made in any manner as an inducement or reward for improper performance, for example through consultants, contractors or sub-contractors, agents or sub-agents, sponsors or sub-sponsors, joint-venture partners, advisors, customers, suppliers or other third parties.

4. Consequences of Bribery

4.1 Anyone or any organisation found guilty of bribery under the Act may face fines and/or prison terms. In addition, high legal costs and adverse publicity are likely to result from any breach of the Act.

4.2 For employees of the Company, failure to comply with this Policy and/or with the Act may result in:

      4.2.1 disciplinary action which may include dismissal; and  

      4.2.2 criminal penalties under the Act which may result in a fine and/or imprisonment for up to 10 years.

4.3 For the Company, any breach of this Policy by any employee or business associate may result in:  

      4.3.1 the Company being deemed to be in breach of the Act;

      4.3.2 the Company being subject to fines; and

      4.3.3 the Company suffering negative publicity and further associated damage as a result of such breach.

5. Responsibility for Compliance and Scope of Policy

5.1 This Policy applies to all employees, agents, contractors, subcontractors, consultants, business partners and any other parties (including individuals, partnerships and bodies corporate) associated with the Company or any of its subsidiaries.

5.2 It is the responsibility of all of the abovementioned parties to ensure that bribery is prevented, detected and reported and all such reports should be made in accordance with the Company’s Whistleblowing Policy or as otherwise stated in this Policy, as appropriate.

5.3 No party described in section 5.1 may:

      5.3.1 give or promise any financial or other advantage to another party (or use a third party to do the same) on the Company’s behalf where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage will in itself constitute improper conduct;

      5.3.2 request or agree to receive any financial or other advantage from another party where that advantage is intended to induce the improper performance of a particular function, where the acceptance of that advantage will in itself constitute improper conduct, or where the recipient intends to act improperly in anticipation of such an advantage.

5.4 Parties described in section 5.1 must:

      5.4.1 be aware and alert at all times of all bribery risks as described in this Policy and in particular as set out in section 9 below;

      5.4.2 exercise due diligence at all times when dealing with third parties on behalf of the Company; and

      5.4.3 report any and all concerns relating to bribery to a director of the business or, in the case of non-employees, their normal point of contact within the Company, or otherwise in accordance with the Company’s Whistleblowing Policy.

6. Records

6.1 Employees and, where applicable, associated persons, are required to take particular care to ensure that all records are accurately maintained in relation to any contracts or business activities, including financial invoices and all payment transactions with clients, suppliers, and public officials.

6.2 Due diligence should be undertaken by employees and associated persons prior to entering into any contract arrangement or relationship with a potential supplier of services, agent, consultant or representative [in accordance with our procurement and risk management procedures].

6.3 Employees and associated persons are required to keep accurate, detailed, and up-to-date records of all corporate hospitality, entertainment or gifts accepted or offered.

7. Facilitation Payments

7.1 A facilitation payment is defined as a small payment made to officials in order to ensure or speed up the performance of routine or necessary functions.

7.2 Facilitation payments constitute bribes and, subject to section 7.3, may not be made at any time irrespective of prevailing business customs in certain territories.

7.3 Facilitation or similar payments may be made in limited circumstances where your life is in danger but under no other circumstances. Any payment so made must be reported to a director of the company as soon as is reasonably possible and practicable.

8. Gifts and Hospitality

8.1 Gifts and hospitality remain a legitimate part of conducting business and should be provided only in compliance with the Company’s Gifts and Hospitality Policy.

8.2 Gifts and hospitality can, when excessive, constitute a bribe and/or a conflict of interest. Care and due diligence should be exercised at all times when giving or receiving any form of gift or hospitality on behalf of the Company.

8.3 The following general principles apply:      

      8.3.1 Gifts and hospitality may neither be given nor received as rewards, inducements, or encouragement for preferential treatment or inappropriate or dishonest conduct.

      8.3.2 Neither gifts nor hospitality should be actively sought or encouraged from any party, nor should the impression be given that the award of any business, custom, contract or similar will be in any way conditional on gifts or hospitality.

      8.3.3 Cash should be neither given nor received as a gift under any circumstances.

      8.3.4 Gifts and hospitality to or from relevant parties should be generally avoided at the time of contracts being tendered or awarded.

      8.3.5 The value of all gifts and hospitality, whether given or received, should be proportionate to the matter to which they relate and should not be unusually high or generous when compared to prevailing practices in our industry or sector.

      8.3.6 Certain gifts which would otherwise be in breach of this Policy and/or the Hospitality and Gifts Policy may be accepted if refusal would cause significant and/or cultural offence, however the Company will donate any gifts accepted for such reasons to a charity of the Director’s choosing.     

      8.3.7 All gifts and hospitality, whether given or received, must be recorded in the Hospitality & Gifts Register.

9. Charitable Donations

9.1 Charitable donations are permitted only to registered (non-profit) charities. No charitable donations may be given to any organisation which is not a registered charity.

9.2 Proof of receipt of all charitable donations must be obtained from the recipient organisation.

9.3 Under no circumstances may charitable donations be made in cash.

9.4 No charitable donation may be made at the request of any party where that donation may result in improper conduct.

10. Political Donations

10.1 The Company does not make political donations and the Company is not affiliated with any political party, independent candidate, or with any other organisation whose activities are primarily political.

10.2 Employees and other associated parties are free to make personal donations provided such payments are not purported to be made on behalf of the Company and are not made to obtain any form of advantage in any business transaction.

11. Due Diligence and Risks

The following issues should be considered with care in any and all transactions, dealings with officials, and other business matters concerning third parties:

11.1 Territorial risks, particularly the prevalence of bribery and corruption in a particular country;

11.2 Cross-border payments, particularly those involving territories falling under section 11.1;

11.3 Requests for cash payment, payment through intermediaries or other unusual methods of payment;

11.4 Activities requiring the Company and / or any associated party to obtain permits or other forms of official authorisation;

11.5 Transactions involving the import or export of goods;

12. Reporting suspected bribery

12.1 Our organisation depends on its employees and associated persons to ensure that the highest standards of ethical conduct are maintained in all its business dealings. Employees and associated persons are requested to assist our organisation and to remain vigilant in preventing, detecting, and reporting bribery.

12.2 Employees and associated persons are encouraged to report any concerns that they may have to their Line Manger/Operations Manager as soon as possible. Issues that should be reported include:

      12.2.1 any suspected or actual attempts at bribery;      

      12.2.2 concerns that other employees or associated persons may be being bribed; or

      12.2.3 concerns that other employees or associated persons may be bribing third parties, such as clients or government officials.

12.3 Any reports of bribery, or suspected bribery, will be thoroughly and promptly investigated by their Line Manager/Operations Manager in the strictest confidence. Employees and associated persons will be required to assist in any investigation into possible or suspected bribery.

12.4 Employees or associated persons who report instances of bribery in good faith will be supported. We will ensure that the individual is not subjected to detrimental treatment as a consequence of their report. Any instances of detrimental treatment by a fellow employee because an employee has made a report will be treated as a disciplinary offence. An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, employees and associated persons should not agree to remain silent. They should report the matter to their Line Manager/Operations Manager.

12.5 When an individual reports suspected instances of bribery, we will process any personal data collected in accordance with our data protection policy. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the report of bribery.

13. Action by our organisation

13.1 We will fully investigate any instances of alleged or suspected bribery. Employees suspected of bribery may be suspended from their duties while the investigation is being carried out. We will invoke its disciplinary procedures where any employee is suspected of bribery, and proven allegations may result in a finding of gross misconduct and immediate dismissal. We may terminate the contracts of any associated persons, including consultants or other workers who act for, or on behalf of, our organisation who are found to have breached this policy.

13.2 We may also report any matter to the relevant authorities, including the Serious Fraud Office and the police. We will provide all necessary assistance to the relevant authorities in any subsequent prosecution.

This policy is kept under continual review.

This Policy Statement has been approved & authorised by:

Name: Wayne Spiller

Position: Managing Director

Date: 4th October 2023

Signature:

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Offices in London, Manchester,
Edinburgh and Dublin
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Offices in London, Manchester,
Edinburgh and Dublin
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