6.23 Anti-Bribery Policy
Message from the General Director
At BMS World Mission we are committed to doing the right thing, the right way. This is more important than
ever because of the strict new rules brought in by the Bribery Act 2010 (which commenced as law from 1 July
2011).
In order to protect BMS and its officers from potential prosecution, the BMS anti-Bribery policy is in part a
response to the Bribery Act’s requirement that agencies have ‘adequate procedures’ to prevent involvement in
corrupt practice.
BMS are also committed to supporting the Anti-Bribery Principles and Guidance for Non-Governmental
Organisations (NGOs) that was developed in 2011 by Mango and Transparency International UK for Bond,
which is the UK umbrella network for NGOs.
BMS operate a zero tolerance approach to the making or receiving of bribes or corrupt payments, in any form.
This type of conduct is absolutely prohibited whether committed by employees or anyone else acting on the
Charity’s behalf. Bribery is not tolerated because it:
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diverts vital resources from the poor
is a barrier to poverty alleviation and good governance
breaches our Christian ethics and core values
damages our reputation for sound financial management
This policy sets out what is and is not acceptable, but if you are in any doubt as to whether any conduct could
amount to bribery, the matter should be referred to the Director for Finance & Corporate Services, who is the
Chief Compliance Officer for this policy. It is essential that you read and comply with this policy.
David Kerrigan
General Director
Statement from the Chief Compliance Officer
As Chief Compliance Officer for BMS in respect of bribery and corruption matters I have overall responsibility
for our compliance in this area. The Finance & Audit Committee considers bribery and corruption risks as a
standing item on its agenda. The Board is also updated on this topic on a regular basis and provided with ad
hoc updates when necessary. Our lawyers advises the charity on the legal aspects of compliance.
David Locke
Director for Finance & Corporate Services
BMS World Mission
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Anti-Bribery policy – November 2012
Copies of the BMS Anti-Bribery policy are available from Finance & Corporate Services +44 (0) 1235 517642.
Contents
1
About this policy
3
2
Who must comply?
3
3
How do you comply?
3
4
Procedure for non-compliance
6
5
Speaking up – reporting issues or bribery
6
6
If in doubt / advice
7
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Anti-Bribery policy – November 2012
1
About this policy
We recognise that practice varies across the territories in which BMS works and therefore what is normal and
accepted in one place may not be accepted in another. However, we are fully committed to complying with
our obligations under applicable legislation, including the Bribery Act 2010 (the “Act”) which became law in
July 2011.
Please note that the Bribery Act 2010 acknowledges bribery or corruption as such:
“the offering, promising, giving, accepting or soliciting of money, a gift or other advantage as an
inducement to do something which is illegal or a breach of trust in the course of carrying out an
organisations activities”
The Bribery Act further notes that the purpose of a bribe is to;
“induce a person to perform improperly a relevant function or activity or to reward a person for the
improper performance of such a function or activity”.
The Bribery Act further states that a bribe is paid or received;
“If a reasonable person in the UK” would deem that it relates to the improper performance of a relevant
function or activity.
Please note that because BMS is a UK registered charity the actions of its personnel will make BMS subject to
this legislation even if these definitions are not held in the jurisdiction where the offence occurs.
If you are ever in doubt about a situation with which you are presented, always seek advice. You should contact
the Director for Finance & Corporate Services on +44 (0) 1235 517625 or email:
dlocke@bmsworldmission.org in the first instance.
2
Who must comply?
It is hoped that the BMS Anti-Bribery policy shall become mandatory for all BMS employees, agents,
intermediaries, consultants, distributors, sub-contractors, suppliers and Joint Venture partners working on the
Charity’s behalf anywhere in the world (“Partners”), including the UK, following a programme of
implementation.
It is important that you take the time to read and comply with this Policy. The prevention, detection and
reporting of any bribery in any form is the responsibility of all employees across BMS and all individuals and
entities over which BMS has influence. Appropriate confidential channels for personnel, employees and
partners are in place to report any suspicion of bribery; these are described later in this Policy. Any failure to
comply with this Policy will be treated seriously and may result in disciplinary action.
3
How do you comply?
As bribery appears in many forms, some of which you have less control over than others differing responses are
required for different scenarios.
BMS World Mission
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Anti-Bribery policy – November 2012
In the event of:
3.1
Bribery
BMS personnel and employees must:
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Refuse to pay a bribe or reject the offer of a bribe as defined by the Bribery Act 2010
Explain the BMS zero tolerance policy
Make a note of where the bribe was solicited (and if possible the name of the corrupt
individual) and report the incident to the BMS Compliance Officer and partner manager
3.2
Facilitation payments
Whilst it is common practice to ‘tip’ or facilitate public officials in many parts of the world, this
practice is also covered under the Bribery Act’s definition of corruption. Therefore when presented
with a request for ‘facilitation’ from a public official BMS personnel should do the following:
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Explain the BMS zero tolerance policy
Report the request to local partners with a recommendation that they contact the public body
involved to lobby for a proper allocation of resource
Where payment is determined to be unavoidable and payment is made a receipt should be
sought
3.3
Payments under duress
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BMS will work towards plans that reduce these zero sum scenarios that place ‘life, limb or
liberty’ at risk
Never refuse to make a payment if faced with a threat of, or fear of, violence or loss of liberty.
The safety of BMS personnel is a primary consideration. There is a defence of duress which is
stated to be likely to be available in the case of payments made to protect ‘life, limb or liberty’
Do not refuse to make a payment in humanitarian emergencies where there is risk of loss of
life. If possible, please seek consultation with a senior member of BMS staff to decide if there
is a genuine threat to ‘life, limb or liberty’
Record the incident, including names, dates, details etc and send the record to the Compliance
Officer
Ask the host partner reporting the extortion to the relevant public authority
3.4
Gifts and hospitality
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When gifts are offered or where hospitality would appear to be disproportionately generous, it is
sometimes the intention of the host to secure BMS’ commitment to the host’s cause (be that a project,
a mission placement, partnership etc). As rejection of hospitality and gifts can be of grave cultural
offence, BMS personnel and employees must proceed in the following way:
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Make a record of the gifts received. The note should be sent to the Chief Compliance Officer
who will maintain the gifts register and present it to the Audit Committee annually. The
Director of Mission will then advise on how to proceed with critical decisions associated with
the hosting group for a discretionary period of time
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Anti-Bribery policy – November 2012
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In the event of receiving what amounts to more than a low value gift, the recipient should
refuse the gift
Any gifts offered must be acceptable within the policy of the receiver’s charity/organisation
and if you are in any doubts about acceptability no gift should be provided or accepted
Hospitality or entertainment may only be accepted if:
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Employees or personnel from the partner or supplier are in attendance
The supplier or partner does not pay any extravagant accommodation or (more than trivial)
travel expenses for BMS employees
The entertainment and/or acceptance of it could not be interpreted as a reward, inducement
or encouragement for a favour or preferential treatment; and it is not unduly lavish or
extravagant
Reciprocal hospitality may be offered but needs to be approved by a Department Director, for
example when partners visit the UK
3.5
Partners
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BMS will work towards informing all partner groups of their zero tolerance approach to
bribery and corruption
Before entering partnerships BMS managers and directors will ensure that they have conducted
adequate due diligence. This should involve seeking information about partner’s controls,
including anti-bribery policies and procedures
BMS will work towards gathering comprehensive list of partners’ own internal anti-bribery
policies
BMS will work towards all partnership agreements having appropriate anti-bribery
commitments
The Chief Compliance Officer along with the Director for Mission will advise on the level of
due diligence required and the form of any anti-bribery clauses required in relation to an
agreement. This is necessary due to the varying levels of exposure to corruption found in
different locations
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3.6
Suppliers, contractors, agents and other third parties
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BMS personnel will work towards communicating their zero tolerance policy to all contracted
bodies such as immigration or customs agents, drivers, accountants, lawyers etc
Before entering into contracting arrangements with local suppliers, agents or third parties,
BMS personnel should assess the risk of bribery involved and conduct appropriate due
diligence
Contracts should be written wherever possible and should include an anti-bribery clauses
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3.7
Conflicts of interest
A conflict of interest arises in certain relationships, where individuals or the BMS donor constituency
place their trust and confidence in someone to act in their best interests. A clash between professional
obligations and personal interests arises if the individual tries to perform that duty while at the same
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Anti-Bribery policy – November 2012
time trying to achieve personal gain. For example, using BMS time or funds to engage in pre-existing
personal projects overseas.
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The Compliance Officer will maintain a register of financial or personal interests that could
present the possibility of conflicts of interest
BMS personnel shall not participate in the decision-making process where there is a conflict of
interest
3.8
Political contributions
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BMS will not make grants or donations to political organisations or individuals, as a means of
obtaining an advantage
BMS respects the right of individual employees to make personal contributions, provided they
are not made in any way to obtain an advantage
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From time to time, BMS may communicate views to government and others, on matters which affect
its charity interests or those of its Trustees and employees, as a way of assisting in the development of
regulation and legislation affecting the charity.
4
Procedure for non-compliance
4.1
For employees
BMS’ starting position is that any act of bribery, in whatever form is unacceptable. We will consider
taking disciplinary action against anyone who fails to comply with the anti-bribery policy up to and
including dismissal. Failure to comply with this policy may also leave you open to a criminal
prosecution under the Act. An offence under the Act can result in a fine and/or up to a maximum of
ten years imprisonment.
4.2
For BMS
A breach of this Policy by an employee or partner could result in BMS breaching the Bribery Act. An
offence under the Act can result in BMS being fined and would likely lead to negative publicity and
serious damage to the reputation of the BMS brand.
5
Speaking up – reporting bribery
BMS aims to conduct mission with the highest standards of ethics, honesty and integrity, and recognises that
you have an important role to play in maintaining this aim. Any employee concerned about any form of
malpractice, improper action, or wrongdoing by the Charity, its employees or other stakeholders are strongly
encouraged to report the matter to their Regional Team Leader (RTL), Director or the Chief Compliance
Officer.
BMS believes it is essential to create an environment in which personnel feel able to raise any matters of
genuine concern internally without fear of disciplinary action being taken against them, that personnel will be
taken seriously and that the matters will be investigated appropriately and as far as practicable be kept
confidential.
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Anti-Bribery policy – November 2012
BMS believes that any employee with knowledge of bribery in any form should not remain silent. BMS takes all
matters of malpractice, improper action or wrongdoing very seriously and you are strongly encouraged to
raise incidents or behaviour that are not in accordance with the policy, by following the procedure set out
below:
Line manager
In the first instance, you should consider raising your concerns with your line manager (for overseas mission
personnel this will mean the RTL). He/she has a responsibility to listen and respond to any matter that is of
concern to you. Concerns can be raised verbally or in writing. Your line manager will determine whether
he/she is able to investigate the concern directly, keeping the Director for Finance & Corporate Services
updated, if appropriate, of progress and its conclusion.
If your line manager is unable to resolve the issue locally, he/she will refer the concern to the relevant
department director and the Director for Finance & Corporate Services, who will manage your concern in
accordance with the Independent Internal Individual process set out below.
Senior manager
If you feel that you cannot raise your concern with your line manager, for whatever reason, you should contact
the director of your department, who will consider the matter, manage any investigation, keeping the Director
for Finance & Corporate Services informed, if appropriate, of progress and its conclusion.
If the department Director is unable to resolve the issue locally, he/she will transfer the concern to the
Director for Finance & Corporate Services, who will manage your concern in accordance with the independent
internal individual process set out below.
Independent internal individual
If you feel you need to raise the issue outside of your immediate working environment, you should contact the
Corporate Services Manager on +44 (0) 1235 517636 or email: mquantick@bmsworldmission.org. The
Corporate Services Manager will record the concern and determine the appropriate approach to take in
managing any investigation, including whether to appoint an external independent individual to review the
matter, or refer it to the appropriate internal or external body.
The Director for Finance & Corporate Services will inform the General Director, the Director for Mission and
the Finance & Audit Committee Chairman of any serious issues as a matter of urgency.
BMS recognises that there may be some cases where no wrong doing is found through internal procedures.
Protection will be given and no disciplinary action taken if the disclosure is reasonable, made in good faith and
the information believed to be true.
Audit Committee review
The Audit Committee reviews arrangements by which employees may, in confidence, raise concerns about
possible inappropriate activity. The Committee reviews concerns raised make sure that any significant matters
receive independent investigation and appropriate follow up action.
Secondment agreements
Host partnership organisations may have their own policies on anti-bribery. These should be followed to the
letter except where the advice contradicts or falls short of the requirements noted in this policy.
6
If in doubt / advice
If you have any questions you should contract the Director for Finance & Corporate Services on +44 (0) 1235
517625 or email:dlocke@bmsworldmission.org
BMS World Mission
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Please ensure that you keep up to date with communications and updates on the intranet.
Michael J Quantick
Corporate Services Manager
28 November 2012
BMS World Mission
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