1.1 Policy Statement
It is YNCSD’s policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationship wherever we operate and implementing and enforcing effective systems to counter bribery.
The Employer will uphold all laws relevant to countering bribery and other fraudulent or suspected fraudulent acts. However, the Employer remains bound by the laws of Nigeria, including the EFCC Act 2002, in respect of our conduct both at home and abroad.
1. The purpose of this policy is to:
1. (a) set out the Employer’s responsibilities, and of those Employees working for the Employer, in observing and upholding the Employer’s position on bribery and corruption and other fraudulent or suspected acts
(b) Provide information and guidance to those working for the Employer on how to recognise and deal with bribery and corruption issues.
2. Bribery and corruption are punishable for individuals by up to ten years imprisonment and if the Employer is found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation. The Employer, therefore, takes their legal responsibilities very seriously.
3. In this policy, third party means any individual or organisation the Employee comes into contact with during the course of their work for the Employer and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
1.2 Who is covered by the Policy
This policy applies to all Employees working at all levels and grades, including senior managers, officers, directors, employees(whether permanent,fixed-term or temporary), Consultants, contractors, trainees, seconded staff, homeworkers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as workers in this policy).
1.3 What is Bribery?
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
● Offering a bribe
You offer a potential client tickets to a major sporting event, but only if they agree to do business with us. This would be an offence as you are making the offer to gain a commercial and contractual advantage. We may also be found to have committed an offence because the offer has been made to obtain business for us. It may also be an offence for the potential client to accept your offer.
● Receiving a bribe
A supplier gives your nephew a job, but makes it clear that in return they expect you to use your influence in our organisation to ensure we continue to do business with them. It is an offence for a supplier to make such an offer. It would be an offence for you to accept the offer as you would be doing so to gain a personal advantage.
● Bribing a foreign official
You arrange for the business to pay an additional payment to a foreign official to speed up an administrative process. The offence of bribing a foreign public official has been committed as soon as the offer is made. This is because it is made to gain a business advantage for us. We may also be found to have committed an offence.
1.4 Gifts and Hospitality
This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties. The Employee is prohibited from accepting a gift from or giving a gift to a third party.
The Employer appreciates that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable. The intention behind the giftshould always be considered.
1.5 What is not acceptable?
It is not acceptable for the Employee (or someone on the Employee’s behalf) 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 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 the Employer in return;
e) threaten or retaliate against another Employee who has refused to commit a bribery offence or who has raised concerns under this policy; or
f) Engage in any activity that might lead to a breach of this policy.
g). The Employer does not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official.
h) If the Employee is asked to make a payment on the Employer’s behalf, the Employee should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. The Employee should always ask for a receipt which details the reason for the payment. If the Employee has any suspicions, concerns or queries regarding a payment, they should raise these with their supervisor.
i) Kickbacks are typically payments made in return for a business favour or advantage. All Employees must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
j) The Employer does not make contributions to political. The Employer only makes charitable donations that are legal and ethical under local laws and practices. No donation must be offered or made without the prior approval of the Employee’s supervisor.
1.6 Our Responsibilities
The Employee must ensure that they read, understand and comply with this policy. The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for the Employer or under the Employer’s control. All Employees are required to avoid any activity that might lead to, or suggest, a breach of this policy.
The Employee must notify their manager as soon as possible if the Employee believes or suspects that a conflict with this policy has occurred, or may occur in the future. For example, if a client or potential client offers you something to gain a business advantage with us, or indicates to you that a gift or payment is required to secure their business.
Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. The Employer reserves the right to terminate its contractual relationship with other Employees if they breach this policy.
The Employee must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties. The Employee must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.
The Employee must ensure all expense claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with the Employer’s expenses policy and specifically record the reason for the expenditure.
All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients,suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments.
● How to raise a concern
The Employees are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your manager.
1.7 What to do if you are a victim of bribery or corruption
It is important that the Employee tells their manager as soon as possible if the Employee is offered a bribe by a third party, is asked to make one, suspects that this may happen in the future, or believes that the Employee is a victim of another form of unlawful activity.
Employees who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. The Employer aims to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. The Employer is committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats, or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should contact senior management immediately.
If the matter is not remedied, and you are an Employee, you should raise it formally using our Grievance Procedure.
● Training and communication
Training on this policy forms part of the induction process for all new Employees. All existing workers will receive regular, relevant training on how to implement and adhere to this policy.
The Employer’s zero-tolerance approach to bribery and corruption must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate thereafter.
1.8 Who is responsible for the policy?
Senior management has overall responsibility for ensuring this policy complies with the employer’s legal and ethical obligations, and that all those under the Employer’s control comply with it. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training on it.
Monitoring and review
Senior management will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible. Internal control systems and procedures will be subject to regular audits to provide assurance that they are effective in countering bribery and corruption.
All Employees are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.
The Employees are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to your supervisor. This policy does not form part of any Employee’s contract of employment and it may be amended at any time.
1.9 Schedule to Anti-Corruption & Bribery Policy
Potential Risk scenarios: “red flags” The following is a list of possible red flags that may arise during the course of the employee working for the employer and which may raise concerns under various anti bribery and anti-corruption laws. The list is not intended to be exhaustive and is for illustrative purposes only: If an Employee encounters any of these red flags while working for the Employer, the Employee must report them promptly to their manager;
1. The Employee becomes aware that a third party engages in, or has been accused of engaging in, improper business practices;
2. The Employee learns that a third party has a reputation for paying bribes, or requiring that bribes are paid to them, or has a reputation for having a “special relationship” with foreign government officials;
3. a third party insists on receiving a commission or fee payment before committing to sign up to a contract with the employer or carrying out a government function or process for us;
4. a third party requests payment in cash and/or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made;
5. a third party requests that payment is made to a country or geographic location different from where the third party resides or conducts business;
6. a third party requests an unexpected additional fee or commission to “facilitate” a service;
7. a third party demands lavish entertainment or gifts before commencing or continuing contractual negotiations or provision of services;
8. a third party requests that a payment is made to “overlook” potential legal violations;
9. a third party requests that the Employee provide employment or some other advantage to a friend or relative; the Employee receives an invoice from a third party that appears to be non-standard or customized;
10. the third party insists on the use of side letters or refuses to put terms agreed in writing;
11. the Employee notices that we have been invoiced for a commission or fee payment that appears large given the service stated to have been provided
12. a third party requests or requires the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to the Employer;
13. the Employee is offered an unusually generous gift or offered lavish hospitality by a third party