Bribery & Corruption Policy
INFRASTRUCTURE COMMODITIES (MAURITIUS) LIMITED
BRIBERY & CORRUPTION POLICY
- WHAT DOES THE ICML POLICY COVER
1.1 This anti-bribery policy exists to set out the responsibilities of the Company (including ICML & its subsidiaries) and those who work for us in regards to observing and upholding our zero – tolerance position on bribery and corruption.
1.2 It also exists to act as a source of information and guidance to those working for ICML.It is to help them recognise and deal with bribery and corruption issues as well as understand their own individual responsibilities.
2. POLICY STATEMENT
2.1 ICML is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure bribery is prevented. ICML has a zero-tolerance for bribery and corrupt activities. We are committed to acting as professionals, fairly, and with integrity in all business dealing s and relationships, wherever we operate globally.
2.2 ICML will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of Mauritius including the Prevention of Corruption Act 2002 and its subsequent Amendments, in regards to our conduct at home and abroad.
2.3 ICML recognises that bribery and corruption are punished by up to 10 years of imprisonment and fines. If our Company is discovered to have taken part in corrupt activities, we may be subject to an unlimited fine, be excluding from tendering for public contracts, and face serious damage to our reputation. It is with this in mind that we commit to preventing bribery and corruptions in our business and take our legal responsibilities seriously.
3. WHO IS COVERED IN THE POLICY?
3.1 This anti-bribery policy applies to ALL employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, sponsors, or any other person or persons associated with us (including third-parties), or any subsidiaries or tier employees no matter where they are located (within or outside Mauritius). The policy also applies to Officers, Trustees, Board, and /or Committee members at any level.
3.2 In the context of this policy, third-party refers to any individual or organisation our Company meets and works with. It refers to actual and potential clients, customers, suppliers, distributors, business contacts, agents, government and public bodies – this includes their advisers, representatives and officials, politicians, and public parties.
3.3 Any arrangements out Company makes with a third party is subject to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures relating to anti-bribery and corruption.
4. DEFINITION OF BRIBERY
4.1 Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or an advantage so to induce or influence an action or decision.
4.2 A briber refers to any inducement, reward, or object/item of value or of an advantage so to induce or influence an action or decision.
4.3 Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.
4.4 Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third-party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the Company’s compliance manager.
5. WHAT IS NOT ACCEPTABLE
5.1 This section refers specifically to 4 areas:
- Gifts and hospitality
- Facilitation payments
- Political contributions
- Charitable contributions
5.2 GIFTS AND HOSPITALITY
5.2.1 ICML accepts normal and appropriate gestures of hospitality and goodwill (whether given to / received form third parties) so long as the giving or receiving of gifts meets the following requirements:
5.2.2 It is not made with the intention of influencing the party to who it being given, to obtain or reward the retention of a business or a business advantage or an explicit or implicit exchange for favours or benefits.
5.2.3 It is not made with the suggestion that a return favour is expected.
5.2.4 It is in compliance with local laws.
5.2.5 It is given in the name of the Company and not in an individual’s name.
5.2.6 It does not include cash or cash equivalent (e.g. a voucher or a gift certificate)
5.2.7 It is appropriate for the circumstances (e.g. giving small gifts at Christmas or a small thank you to a company for helping with a large project upon completion).
5.2.8 If it is of an appropriate type and value and given at an appropriate time, taking in to account the reason for the gift.
5.2.9 It is given/received openly and not secretly.
5.2.10 It is not selectively given to key, influential persons, clearly the intention of directly influencing them.
5.2.11 It is not above a certain excessive value, as pre-determined by the Company Compliance manager (usually not in excess of $100).
5.2.12 It is not offered to, or accepted from, a government official or representative or politician, or political party, without prior approval of the Company’s Compliance Manager.
5.2.13 Where it is inappropriate to decline the offer of a gift, (i.e. when meeting with an individual of a certain region/culture who my take offence), the gift may be accepted so long as it is declared to the Compliance Manager, who will assess the circumstances.
5.2.14 ICML recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.
5.2.15 As good practice, gifts given and received should always be disclosed to the Compliance Manager. Gifts from suppliers should always be disclosed.
5.2.16 The intention behind a gift being given or received should always be considered. If there is any uncertainty, the advice of the Compliance Officer should be sought.
5.3 FACILITATION PAYMENT AND KICKBACKS
5.3.1 ICML does not accept and will not make any form of facilitation payment of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of public official for a routine governmental action. We recognise that they tens to be made by low level officials with the intention of securing or speeding up performance of a certain duty or action.
5.3.2 ICML does not allow kickbacks to be made or accepted. We recognise that, despite our strict policy on facilitation payments and kickbacks, employees may face a situations where avoiding a facilitation payment of kickback may put their/their family’s personal security at risk. Under these circumstances the following steps MUST be taken:
- Keep any amount to the minimum
- Ask for the receipt, detailing the amount and reason for payment,
- Create a record concerning the payment.
- Report this incident to your line manage.
5.4 POLITICAL CONTRIBUTIONS
5.4.1 ICML will not make donations, whether in kind or in cash, or by any other means, to support any political parties or candidate. We recognise this may be perceived as an attempt to gain improper business advantage.
5.5 CHARITABLE CONTRIBUTIONS
5.5.1 ICML accepts and indeed encourages the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes.
5.5.2 Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.
5.5.3 We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered / made without the approval of the Compliance Manager.
6. EMPLOYEE RESPONSIBILITIES
6.1 As an employee of ICML, you must ensure that you read, understand and comply with the information contained within this policy, and with any training or other anti-bribery and corruption information you are given.
6.2 All employees and those under our control are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery policy.
6.3 If you have reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you MUST notify the Compliance Manager.
6.4 If any employee breaches this policy, they will face disciplinary action, and could face dismissal for gross misconduct. ICML has the right to terminate a contractual relationship with any employee if they breach this anti-bribery policy.
7 WHAT HAPPENS IF I NEED TO RAISE A CONCERN?
7.1 This section covers three key areas:
- How to raise concern
- What to do if you are a victim of corruption or bribery.
7.2 HOW TO RAISE CONCERN
7.2.1 If you suspect that there is an instance of bribery or corrupt activities occurring in relation to ICML, you are encouraged to raise your concerns at as early an opportunity as possible. If you are uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to your line manager, the Compliance Manager, the Director or the Chair of the Governance Committee.
7.2.2 ICML will familiarise all employees with its whistleblowing procedures so employees can vocalise their concerns swiftly and confidently.
7.3 WHAT TO DO IF YOU ARE A VICTIM OF BRIBERY OR CORRUPTION
7.3.1 You must tell your Compliance Manager as soon as possible if you are offered a bribe by anyone, if you are asked to make one, if you suspect you may be bribed or asked to make a bribe in the near future, or if you have reason to believe that you are a victim of a corrupt activity.
7.4.1 If you refuse to accept or offer a bribe or you report a concern relating to a potential act(s) of bribery or corruption, ICML understands that you my feel worries about potential repercussions. ICML will support anyone who raises concerns in good faith under this policy, even if the investigation finds that they were mistaken.
7.4.2 ICML will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribery or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.
7.4.3 Detrimental treatment refers to dismissal, disciplinary action, treats or unfavourable treatment in relation to the concern the individual raised.
7.4.4 If you have reason to believe you’ve been subject to unjust treatment as a result of a concern or refusal to accept a bribe, you should inform your line manager of the Compliance Manager immediately.
8. TRAINING AND COMMUNICATION
8.1 ICML’s anti-bribery and corruption and zero-tolerance attitude will be clearly communicated to all suppliers, contractors, business partners, and any third-parties at the outset of business relations, and as appropriate thereafter.
8.2 ICML will provide relevant anti-bribery and corruption training to employees etc. where we feel their knowledge of how to comply with the Bribery Act needs to be enhanced. AS good practice, all businesses should provide their employees with the anti-bribery training where there is a potential risk of facing bribery or corruption during working activities.
9. RECORD KEEPING
9.1 ICML will keep detailed and accurate financial records. And will have appropriate internal controls in place to act as evidence for all payments made. WE will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given and understand that gifts and acts of hospitality are subject to managerial review.
10. MONITORING AND REVIEWING
10.1 ICML’s Compliance Manager is responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis with the Corporate Governance Committee of the Board. They will assess its suitability, adequacy and effectiveness.
10.2 Internal control systems and procedures to prevent bribery and corruption are subject to regular audits to ensure that they are effective in practice.
10.3 Any need for improvements will be applied as soon as possible. Employees are encouraged to offer their feedback on this policy if they have suggestions for how it may be improved. Feedback of this nature should be addressed to the Compliance Manager and at the regular review of the policy with the Board Corporate Governance Committee.
10.4 This policy does not form part of an employee’s contract of employment and ICML may amend it at any tie so to improve its effectiveness at combatting bribery and corruption.