Updated 6 months ago ​by Steve Wilkinson

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Anti-Bribery and
Anti-Corruption Policy


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Effective June 2015.


Husky Finance is a trading name of Financial Satnav Limited, but for the purposes of this policy, Husky Finance refers to Financial Satnav Limited and all of its subsidiaries, regardless of operating country.

It is Husky Finance’s policy to conduct all business in an honest and ethical manner. Husky Finance takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships wherever it operates and implementing and enforcing effective systems to counter bribery.

No Husky Finance employee or third party will:

• offer, pay or accept a bribe;

• establish any undisclosed or unrecorded fund of cash or assets for any purpose, or make any false, artificial, or misleading entries in any books or records of Husky Finance;

• approve or make any payment for any purpose other than that described by the document supporting the payment.

Husky Finance’s CEO (or their respective written designees) must provide prior written approval before a Husky Finance employee or third party, in the course of their employment and/or undertaking Husky Finance’s business:

• makes any payment or gives any gift to a public or party official, or political candidate;

• pays travel or lodging expenses of, or makes any substantial entertainment expenditure for, any of those parties;

• makes contributions to campaigns of political parties, officials or candidates;

• engages a third party, consultant, or adviser who may have dealings with foreign governments or political parties on behalf of Husky Finance;

• makes any charitable contribution or sponsorship; or, makes any payment arrangements where a person performing services or selling goods in one country requests that payments be made in another country ("split payments arrangements").

Anyone who is convicted of violating the Bribery Act is subject to substantial fines or imprisonment. Under the Bribery Act, Husky Finance and its senior managers are also subject to prosecution for failing to prevent bribery.

Purpose

The purpose of this policy is to:

a) set out our responsibilities, and of those working for us, in observing and upholding our position on bribery and corruption; and

b) provide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.

Scope

This policy applies to all individuals 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 and agency staff, volunteers, interns, third parties, sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as employees in this policy).

All Husky Finance employees are responsible for ensuring they act in accordance with this policy.

In this policy, Husky Finance includes any business (wheresoever incorporated or operated) that is owned or controlled by a Husky Finance company.

In this policy, third party/ies means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisers, representatives and officials, politicians and political parties.

Company Policy

4.1 No form of bribery is acceptable.

Bribery undermines democracy and the rule of law, and impedes economic progress and stability in established, developing, and emerging economies alike. Bribery is also a criminal offence that presents risks of prosecution for individuals and companies who engage in it or who fail to take appropriate steps to avoid it.

We prohibit all forms of bribery whether they take place directly or through third parties. Bribery has no place within our business activities and violates our company's values. Husky Finance employees and third parties must never offer, promise or pay a bribe to another; or request or agree to receive or accept a bribe from another which is intended for the employee's benefit or that of their family, friends, associates or acquaintances.

Bribery: Bribery is a crime; a form of corruption. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

Facilitation payments: These are small unofficial payments made to secure or speed up performance of a routine or necessary action to which the person making the payment is legally entitled to. Facilitation payments are bribes. Husky Finance employees and third parties must refuse and report any requests to extort facilitation payments, and must not, in any circumstance, offer to make a facilitation payment.

4.2 Employee responsibility

Bribery is menacing and, by its nature, tends to involve activities that cloak the corruption in a superficial appearance of normality. As a Husky Finance employee, you must be alert to suspicious activities and are expected to report concerns promptly.

It is important that you report your concerns a Company Director as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.

4.3 Gifts, Hospitality and Expenses

This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties. However, gifts, hospitality and expenses may present significant risks related to bribery because they are frequently used as tools to groom a company's employees to a position of obligation and prepare the way for overt bribery. It is important to balance the natural desire not to cause offence to a client or service provider, while still avoiding the risk of bribery.

Gifts

Gifts include money, goods, services or loans given ostensibly as a mark of friendship or appreciation. They are professedly given without expectation of consideration or value in return. Gifts may be used to express a common purpose and the hope of future business success and prosperity. They may be given in appreciation of a favour done or a favour to be carried out in the future. Gifts have no role in the business process other than that of marking and enhancing relations or promoting the giver's company by incorporating a logo or message on a promotional item such as a calendar or pen.

Hospitality

Hospitality includes entertaining, meals, receptions, tickets to entertainment, social or sports events, participation in sporting events, such activities being given or received to initiate or develop relationships with business people or other third parties. Hospitality requires the host to be present, otherwise the expenditure is a gift. Hospitality provides a relaxed, neutral, environment in which business relationships and activities can be started, fostered and information imparted.

Hospitality can also be associated with fund raising events held by worthy causes such as arts and charitable bodies with the company assisting the causes by purchasing tickets or introducing potential supporters. Abuses occur with hospitality when it is excessive in value, given too often, or leaves the recipient in a position of obligation.

Expenses

Expenses are the payment of travel and other related expenses incurred by a person that are not specified as part of a contractual agreement. Typically, these are costs of activities such as travel to view a manufacturing plant, benchmark installation or to attend a company conference or training event. Abuses can occur where the travel or events are accompanied by excessive living expenses, luxurious accommodation, low levels of business content or provision of expenses for family and friends of the business person.

How do I assess the bribery risk of gifts, hospitality or expenses?

Gifts, hospitality and reimbursement of expenses should be offered or made for the right reason. A gift or hospitality should be given clearly as an act of appreciation, and reimbursed expenses, should be incurred for a bona fide business purpose and be proportionate and reasonable to that purpose.

Although this list is not exhaustive, you should consider the following factors to assess the risk of bribery when giving or receiving gifts, hospitality and expenses.

Legitimate gifts, hospitality and reimbursement of expenses:

• do not create any reciprocal obligations to do or offer any benefit in return;

• do not create any expectations in the giver or an associate of the giver;

• do not have a higher importance attached to them by the giver than the recipient would place on them; • are made openly;

• would not be viewed unfavourably by stakeholders if they knew about them;

• are of reasonable value the size of the gift is small and the value of the hospitality or reimbursed expense accords with general business practice;

• are appropriate — the nature of the gift, hospitality or reimbursed expense is appropriate to the relationship and accords with general business practice and local customs;

• comply with relevant applicable laws;

• conform to the giver's and recipient's rules or codes of conduct;

• are infrequent;

• are documented and approved in accordance with appropriate business practices and relevant accounting rules; and, • are reported to relevant management.

4.4 Political contributions

Husky Finance’s practice is not to make political contributions in any form whether to political parties, causes or to support individual candidates. If our company does make any political contributions, we will disclose them publicly. In no event will Husky Finance make political contributions related to obtaining or retaining business.

The company will not reimburse any employee in any way or form for making political contributions.

4.5 Contracting and binding to supply services

Contracting and purchasing are among the operational functions of highest vulnerability to bribery and kickbacks. Husky Finance employees must be vigilant to avoid the risk of bribery when responding to tender requests or submitting proposals to provide services.

If you suspect a person is doing any of the following, please report your concern promptly to Husky Finance’s Company Secretary:

• manipulating the process for awarding a contract by offering or soliciting a bribe or to generate a kickback payment;

• falsifying documentation to disguise the true reasons for or consequences of awarding contract;

• attempting to create opportunities for a corrupt contractor to improve its margins, earn additional fees or to recover amounts paid in bribes;

• creating climate that encourages corrupt contractors to repeat their bribes in other bidding or to penalise honest bidders to persuade them to engage incorrupt behaviour.

5. Anti-Bribery Laws (The Bribery Act)

U.K. Bribery Act

The Bribery Act 2010:

• prohibits facilitation payments; and,

• makes it an offence for a commercial organisation to fail to prevent bribery.

Under the Bribery Act a company can avoid liability for prosecution by proving that it had 'adequate procedures' in place to prevent bribery. Adequate procedures involves (amongst other things) ensuring that a commercial organisation has policies and procedures in place to prevent bribery.

6 Frequently Asked Questions

What is the main legislation governing bribery and anti-corruption in the UK (England and Wales) that applies to Husky Finance?

Bribery Act 2010: This consolidates and extends English anti-corruption law. The Secretary of State has published guidance explaining the law to assist with its compliance.

Anti-Terrorism, Crime and Security Act 2001 (2001 Act) (sections 108-110): This amended the existing legislation to apply them to public bodies located outside the UK, and to third parties and their principals who have no connection with the UK. It also gives jurisdiction to prosecute offences committed abroad by UK nationals and companies incorporated under UK law, even if no part of the offence took place in the UK. Unlike cases of domestic bribery, the 2001 Act states that in cases of foreign bribery, the burden of proof of corrupt intent is on the prosecution.

What is bribery?

A promise, offer or gift to a person of an undue advantage in exchange for that person, or another person, to act or refrain from acting in the exercise of his official duties.

What is corruption?

The misuse of entrusted power for private gain. It includes a range of property offences, such as embezzlement, misappropriation or other diversions of property, as well as bribery itself.

What is prohibited under Husky Finance’s anti-bribery policy?

• offering, paying or accepting (or promising to pay offer or accept) a bribe as defined in the Bribery Act, including a facilitation payment;

• establishing or maintaining an undisclosed or unrecorded fund of cash or assets for any purpose;

• making any false, artificial, or misleading entry in any books or records of Husky Finance;

• approving or making any payment for any purpose other than what is described by the document supporting the payment.

What payments need to be authorised under Husky Finance’s anti-bribery policy?

A Husky Finance employee must, in the course of his or her employment or undertaking Husky Finance's business, have the written approval of Husky Finance’s CEO before doing any of the following things:

• giving/accepting gifts of more than a nominal value to/from government employees, politicians, party officials or political candidates;

• paying/accepting travel, lodging or entertainment expenses for/from government employees, politicians, party

officials or political candidates;

• making a financial or in-kind contribution to a political campaign;

• making any charitable contribution or sponsorship;

• performing/hiring a service in one country that requests payments be made into another country (e.g. a "split payment" arrangement).

What activities may indicate that you or another employee is at risk of breaching anti-bribery laws?

These are some, but not all, of the things to look out for:

• requests to pay more than what is normal for service;

• suspicions about the reputation of a contractor or contact;

• unusual payment terms or methods;

• a relationship between a member of a consulting firm and a relevant government official;

• bribery is common practice in the country;

• a consultant does not have the required credential or accreditation for their business;

• a proposed arrangement is illegal or unethical;

• a consultant requests a split commission or fee to the consultant and another party;

• a person giving or receiving gifts, hospitality and expenses asks that they be undocumented or made in secret.

The Bribery Act

What is the impact of the Bribery Act on Husky Finance Employees?

• It has penalties for both the company and the employee.

• Does not allow the company to indemnify the employee for his/her actions.

• This avoids the employee being used by corporations to circumvent the Act.

• Corporate fines are unlimited.

• Employee penalties can be fined an unlimited amount and face up to 10 years imprisonment.

Do any other laws apply in this area?

Other laws may also be applicable in relation to offences, such as conspiracy to defraud, accounting and company law offences, and money laundering.

What are some examples of accepting or receiving a bribe?

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 Husky Finance 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.

Who shall I contact in Husky Finance about bribery and anti-corruption best practice?

You may report your concerns confidentially to the Husky Finance Company Secretary.


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