Anti Bribery & Corruption Policy

Introduction, purpose and scope of the policy 

Bribery is an offence which can be committed by organisations which fail to prevent persons associated with them from bribing another person on their behalf. 

An organisation that can prove it had "adequate procedures" in place to prevent persons associated with it from bribing will have a defence. 

What counts as adequate will depend on the bribery risks an organisation faces and the nature and size of the organisation. 

Purpose of the policy 

This policy: 

• _outlines the measures which Fincapital takes to prevent bribery and the procedures that should be followed if bribery occurs. It aims to help the organisation to establish a defence and to minimise any operational or reputational risks associated with individuals giving or taking bribes on its behalf. 

• _is designed to assist employees and persons associated with the organisation to understand the risks associated with bribery and to encourage them to be vigilant and effectively recognise, prevent and report any wrongdoing, whether by themselves or others. 

• _aims to provide suitable and secure reporting and communication channels and to ensure that any information that is reported is properly and effectively dealt with. 

• _aims to create and maintain a rigorous and effective framework for dealing with any suspected instances of bribery or corruption. 

Scope of the policy 

The policy applies to all employees, volunteers, trustees, officers and consultants.

Definitions 

Bribery and corruption 

It is illegal to give or receive a bribe and organisations are liable for bribes taken or given on their behalf where they do not have adequate procedures in place. 

Bribery is the offering, promising, giving, accepting or soliciting of money, a gift or other advantage as an inducement to do something that is illegal or a breach of trust in the course of carrying out an organisation’s activities. 

Corruption is the misuse of public office or power for private gain; or misuse of private power in relation to business outside the realm of government. 

What is a bribe? 

Bribes can take on many different shapes and forms, but typically they involve corrupt intent. There will usually be a 'quid pro quo' – both parties will benefit. A bribe could be the: 

• _Direct or indirect promise, offering, or authorisation, of anything of value 

• _Offer or receipt of any inducement, loan, fee, reward or other advantage 

• _Giving of aid, donations or voting designed to exert improper influence 

Examples of bribery may include: 

• _a potential supplier offering money or a gift in order to influence a tendering process 

• _a job applicant offering payment in order to increase his/her chance of being offered employment 

Facilitation payments 

Facilitation payments are payments which induce officials to perform routine functions they are otherwise obligated to perform. Facilitation payments are bribes and there is no exemption for them under the Bribery Act. Facilitation payments do not include legally required administrative fees and legitimate fast-track services. Facilitation payments are particularly prevalent in certain overseas countries. 

Gifts and hospitality 

These can range from small gifts (such as diaries, flowers, vouchers, food and drink) to expensive hospitality (invitations to hosted meals, receptions and tickets for major events, holidays etc.). Hospitality or promotional expenditure which is proportionate and reasonable is unlikely to qualify as a bribe. However, extravagant gifts and hospitality may be used to disguise bribes that are intended to induce improper behaviour (e.g. to fix the outcome of a tendering process). 

Responsibilities 

Chief Executive 

The Chief Executive is responsible for ensuring that these policies and procedures are implemented consistently and with clear lines of authority. The Chief Executive and Executive Leadership Team will actively and visibly lead the Fincapital’s anti-bribery policy and practice. 

Managers 

Managers are responsible for holding their direct reports to account. They are responsible for ensuring that the services the Fincapital provides are properly planned and that risks are assessed and managed in line with this policy. 

Individuals 

Individuals are expected to safeguard and uphold the Fincapital’s core values by operating in an ethical, professional and lawful manner at all times. Individuals are responsible for not giving or receiving bribes and challenging instances where bribery may occur. They are also responsible for reporting all bribery that they are aware of via the procedures laid out in this policy. 

To place this in context, individuals should be aware that if they engage in activities which are contrary to the anti-bribery and corruption legislation, they could face several years in prison and/or a fine, and the Fincapital could also be liable to Government sanction. 

Compliance with the Fincapital’s policy in relation to bribery and corruption is regarded as part of an individual's contract of employment. Any member of staff found to have accepted or attempted bribery or made facilitation payments will be subject to disciplinary action, including dismissal.

Individuals must not offer money to any public officials in order to speed up service or gain improper advantage. This type of bribery is a "facilitation payment" and is illegal. In the unlikely event that an individual is faced with a demand for a facilitation payment, such payment must be actively resisted. 

Bribery prevention 

Organisational commitment 

Fincapital operates a zero-tolerance policy towards the giving or receiving of bribes. 

Fincapital committed to tackling bribery at the highest level and clearly articulates its zero-tolerance policy on its website and internally within the intranet. 

In order to prevent bribery, Fincapital recognises that it should: 

• _assess whether the charity is at risk and, if so, the level of that risk 

• _put in place procedures proportionate to the risk identified 

• _show a clear commitment to the prevention of bribery 

• _use due diligence to assess who we deal with and who we appoint to represent us 

• _communicate, train and raise awareness among employees and business partners 

• _monitor and review procedures 

Risk assessment 

Effective risk assessment lies at the very core of the success or failure of this policy. Risk identification pinpoints the specific areas in which Fincapital may face bribery and corruption risks and allows the organisation to better evaluate and mitigate these risks and thereby protect itself. 

Fincapital will carry out a risk assessment of the key risks facing the organisation in respect of bribery and corruption and review these risks, on an annual basis. Fincapital recognizes that the threat of bribery varies across countries, areas of work, partners and transactions and that it must respond proportionately to those risks. 

Recruitment 

Fincapital recognizes that good anti-bribery practice starts from the outset of employing an individual. It therefore ensures that all employment contracts prohibit the giving or receiving of bribes on behalf of Fincapital. 

In addition, a programme of staff communication and training is provided to those employees working in areas of perceived higher risk. 

Working with service suppliers and in partnerships 

Fincapital requires all staff, suppliers and partners to ensure that, where appropriate: 

• _Key service suppliers and partners are selected through a transparent and competitive selection process. 

• _Due diligence is carried out on partners and key suppliers before entering into contracts in accordance with the procurement policy. 

• _Any conflicts of interest are declared. 

Charitable and political donations 

A political contribution is a donation made to a politician, a political party or a political campaign. Charities are not permitted to make political donations and therefore political donations are not permitted under any circumstances. 

Employees, volunteers and Trustees should ensure that any donation received or made by Fincapital is not an incentive to conduct its business improperly. 

Communication 

All people described in the scope of this policy must understand and comply with Fincapital’s anti-bribery policy. To ensure that this is communicated, Fincapital publishes this policy on its website and internally within the intranet. 

Record-Keeping 

Many serious global bribery and corruption offences have been found to involve some degree of inaccurate record-keeping. Fincapital must ensure that we maintain accurate records and financial reporting within Fincapital and for significant business partners working on our behalf. Our records and overall financial reporting must also be transparent. That is, they must accurately reflect each of the underlying transactions. 

Procedures - Action that employees, and people involved in Fincapital activities should take if they are offered or asked for a bribe 

How to evaluate what is ‘acceptable’: 

First, take a step back and ask yourself the following: 

• _What is the intent – is it to build a relationship or is it something else? 

• _How would this look if these details were on the front of a newspaper? 

• _What if the situation were to be reversed – would there be a double standard? 

If you find it difficult to answer one of the above questions, there may a risk involved which could potentially damage the Fincapital’s reputation and business. The action could well be unlawful. 

Never acceptable 

Circumstances which are never permissible include examples that involve: 

• _A “quid pro quo” (offered for something in return) 

• _Gifts in the form of cash/or cash equivalent vouchers 

Usually acceptable 

Possible circumstances that are usually acceptable include: 

• _Modest/occasional meals with someone with whom we do business 

• _Occasional attendance at cultural or similar events 

• _Gifts of nominal value, such as pens, or small promotional items 

Individuals should reject demands for or offers of bribes and Fincapital’s anti-bribery stance should be made clear. Staff should report any such approaches immediately to the CEO.

Where bribery is suspected or where it occurs 

To enable proper investigation, you should record the details of any bribery or requested or attempted bribery, as soon as possible after the event. Any instances of actual or potential bribery should be properly and promptly investigated.

The objectives of an investigation should be to: 

• _Confirm whether or not a bribe has taken place, and to identify who was responsible. 

• _Confirm whether internal controls and anti-bribery procedures have worked in practice. 

• _Identify any improvements required to anti-bribery procedures. 

Depending on the findings of the investigation, subsequent action will be determined. This may involve disciplinary action against staff involved or external reporting to: 

• _A senior official or director of another organisation, if the person making the bribe is from that organisation 

• _Local police/ law enforcement agencies (if deemed appropriate) 

• _Relevant government department where the bribe took place 

Monitoring and review 

This policy will be reviewed annually or after a significant change in operations or a significant incident, whichever is sooner. 

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Reviewed - Sept 2023

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