Anti-bribery and Corruption
Policy

The Framework Decision 2003/568/JHA on Corruption outlines various punishments for offenses related to corruption within the EU. While specific penalties can vary by member states, the framework generally emphasizes the following:

 

• Criminal Sanctions: Member states are required to impose effective, proportionate, and dissuasive penalties for corruption offenses, which may include imprisonment.

• Fines: Financial penalties may be imposed on individuals or entities found guilty of corruption.

• Disqualification: Offenders may face disqualification from holding public office or engaging in certain professions.

• Confiscation: Any proceeds derived from corrupt activities can be confiscated.

• Additional Measures: Member states are encouraged to implement measures such as temporary or permanent bans on individuals from engaging in business activities related to public or non-public contracts.

 

The framework aims to ensure that the penalties are sufficient to deter corruption and promote accountability across al EU member states. For detailed application, it's essential to refer to the specific laws of each member state.

 

Whistleblower Right and Status.

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Diligised works with numerous independent whistleblowing entities. Diligised takes whistleblowing very seriously, which may include but is not limited to:

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• Bribery / Corruption.

• Policy or Procedure breach.

• Conflict of interest.

• Discrimination.

• Fraud.

• Other serious violations.

 

Diligised are NOT required by law to inform the ‘violator’ that such whistleblower action has been taken.   

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Who is covered by the policy?

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This policy applies to:

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• all members of Diligised’s staff (whether employees, both permanent or fixed term), consultants, contractors or agency staff and all Diligised’s office holders, trustees, members of Boards and committees and other individuals holding fiduciary positions within Diligised (collectively referred to as staff in this policy); and

• any agents, brokers, consultants and any other third parties engaged to provide a service on behalf of Diligised (collectively referred to as other associated persons to this policy).

 

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.

 

• A bribe might be in cash, a gift or other inducement to or from, any person or company, whether a public or government official, political party or a private person or company regardless of whether any of the parties is located in the EU or any other jurisdiction or country.

• A bribe might be made to ensure that a person or company improperly performs duties or functions (for example by not acting impartially or in good faith or in accordance with that person’s or company’s position of trust) to gain a commercial, contractual or regulatory advantage from the offeror of the bribe, to gain a personal advantage, financial or otherwise, for the offeror of the bribe or anyone connected with the offeror.

 

Diligised prohibits staff and other associated persons from offering, promising, giving, soliciting or accepting any bribe.

 

Records

 

It is essential that all staff and other associated persons take particular care to ensure that all records are accurately maintained in relation to any contract or business activities, including invoices and all payment transactions with clients, suppliers and public officials.

 

Staff and other associated persons must submit all hospitality, gifts or other expenses for the benefit of third parties in accordance with Diligised’s expense procedure and explicitly record and itemise the reason for the expenditure.

 

For these purposes, a third party is any individual or organization with whom a member of staff or associated person comes into contact with during the course of his / her work. This includes actual and potential customers, suppliers, business contacts, agents, advisors and government and public bodies including their advisors, representative and officials.

 

Gifts and Hospitality

 

Diligised permits gifts and hospitality (including corporate entertainment) undertaken for the following purposes:

 

• to establish or maintain good business relationships;

• to improve the image or reputation of Diligised; or

• to present Diligised’s services effectively,

 

;provided that the gift or hospitality is arranged in good faith and is not offered, promised or accepted to secure an advantage for Diligised or any of its staff or other associated persons or to influence the impartiality of the recipient. Diligised will only authorize a gift or hospitality to be given or received that is reasonable, appropriate and proportionate and where there is no conflict of interest.

 

Facilitation Payments

 

Diligised prohibits its staff or other associated persons from making or accepting any facilitation payments. These are payments made to government officials for carrying out or speeding up routine procedures.

 

Facilitation payments or offers of such payments will constitute a criminal offence by both the individual concerned and Diligised under the Framework Decision 2003/568/JHA on Corruption, even where such payments are made or requested overseas. Staff and other associated persons are required to act with greater vigilance when dealing with government procedures overseas.

 

Where a public official has requested payment, staff and / or other associated persons should ask for further details of the purpose and nature of the payment in writing. This should be reported to the Director of Operations who will consider the nature of the payment.

 

If it is concluded that the payment is a legitimate fee, for example part of a genuine fast track process, or is permitted locally, Diligised will authorize the member of staff or associated person to make the payment. Where the Director of Operations considers that the request is for a facilitation payment, the member of staff or associated person will be instructed to refuse the payment.

 

Staff Safety

 

When travelling abroad, should a member of staff or other associated person be requested to make a facilitation payment and believes his / her own welfare and safety could be at risk, the payment should be made and reported to the Director of Operations. Diligised will not take disciplinary action against a member of staff or any other associated person who makes such a payment in the belief that he / she will be at risk if he/she does not do so.

 

How to Raise a Concern

 

Diligised depends on its staff and other associated persons to ensure that the highest standards of ethical conduct are maintained in all its business dealings. Staff and other associated persons are requested to assist Diligised and to remain vigilant in preventing, detecting and reporting bribery.

 

Diligised encourages staff and other associated persons to raise concerns about any issue or suspicion of malpractice at the earliest opportunity. Where you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with the Diligised Director of Operations. Please note the following:

 

• Any report of bribery will be thoroughly and promptly investigated in the strictest confidence.

• Staff and other associated persons will be required to assist in any investigation into possible or suspected bribery.

• Staff or other associated persons who raise concerns or report incidents of bribery will not suffer any detrimental treatment as a result of refusing to take part in bribery or corruption or because of reporting their suspicions in good faith. Any instance of detrimental treatment by a fellow employee as a result of a report of bribery being made will be treated as a disciplinary offence.

• Staff suspected of bribery may be suspended from their duties while the investigation is being carried out. Diligised will invoke disciplinary procedures where the member of staff is suspected of bribery and proven allegations may result in the finding of gross misconduct and immediate dismissal.

• Diligised may terminate the contracts of any other associated persons who are found to have breached this policy.

 

Diligised reserves the right to report any matter to any relevant authority, professional institute and the police. Diligised will provide all necessary assistance to the relevant authorities in any subsequent prosecution.

 

Training and Communication

 

This policy will be communicated to all staff and other associated persons and as amended from time to time. Communication of this policy forms part of the induction process for all new staff members.

 

Responsibilities

 

Diligised has overall responsibility for ensuring that this policy complies with Diligised’s legal and ethical obligations and that all those under Diligised’s control comply with it.

 

The Director of Operations has primary and day-to-day responsibility for implementing this policy and for monitoring its use and effectiveness. This policy may be amended at any time but, in any event, the Director of Operations is obligated to review this policy from a legal and operational perspective at least once a year.

 

All staff and other associated persons are responsible for the success of this policy and should ensure they use it to disclose any suspected danger of wrongdoing. Anti-bribery clauses, including reference to this policy, will be included in all contractual arrangements with third parties from the first approval of this policy by the Director of Operations at Diligised.

 

This policy (and any material amendments to it) will be communicated to all staff and engaging entities.