5.1 This section of the Policy refers to the following four (4) areas:
i. Gifts, entertainment, hospitality and travel;
ii. Facilitation payments;
iii. Political contributions; and
iv. Charitable contributions and sponsorship.
5.2 Gifts, entertainment, hospitality & travel
The Company accepts normal and appropriate gestures of hospitality and goodwill (whether given to or received from third parties) so long as the giving or receiving of gifts, entertainment, hospitality & travel 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,
positions or benefits;
b) It is not made with the suggestion that a return favour is expected;
c) It is in compliance with local laws;
d) It is given in the name of the organization, 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 festive seasons or as a small thank you to an organization 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, entertainment, hospitality and travel;
h) It is given or received openly, not secretly;
i) It is not selectively given to a key or influential person, clearly with the intention of directly influencing them;
j) It accords with the limits of threshold, frequency and approval mandate as pre-determined by the Company; and
k) It is not offered to, or accepted from, a government official or representative, politician or political party, without the prior sanction based on the Company’s approval mandate.
5.3 Where it is inappropriate to decline the offer of a gift, entertainment, hospitality or travel (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift, entertainment, hospitality or travel may be accepted so long as it is declared to the Compliance Team, who shall assess the circumstances, including whether it accords with the Company’s pre-determined thresholds and frequency.
5.4 The Company recognises that the practice of giving and receiving business gifts varies amongst countries, regions, cultures and religions. As such, definitions of what is acceptable and not acceptable will inevitably differ for each.
5.5 As good practice, gifts, entertainment, hospitality & travel given and received should always be disclosed to the Compliance Team. Those received from suppliers must be disclosed to the Compliance Team.
5.6 The intention behind a gift, entertainment, hospitality or travel being given or received should always be considered. If there is any uncertainty, the advice of the Compliance Team should be sought.
5.7 Facilitation Payments and Kickbacks
The Company does not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. We recognise that they tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.
5.8 The Company does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage.
5.9 The Company recognises 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 or 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; and
d) Report this incident to your line manager.
5.10 Political Contributions
The Company will not make donations, whether in cash, kind or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.
5.11 Charitable Contributions
The Company accepts and encourages the act of donating to charities as part of its corporate social responsibility initiatives, whether through services, knowledge, time or direct financial contributions (cash or otherwise).
5.12 Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery. If in doubt, check with the Compliance Team.
5.13 We shall ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are offered or made in accordance with the Company’s approval mandate.