ANTI FRAUD, CORRUPTION & BRIBERY POLICY – IMS Buildings Solutions

ANTI FRAUD, CORRUPTION & BRIBERY POLICY

Policy Statement

It is IMS Building Solutions policy to conduct business in an honest and ethical manner. As part of that, the company takes a zero-tolerance approach to fraud, 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.

Purpose

IMS Building Solutions Limited has a zero tolerance to fraud and corruption and is committed to the prevention of fraud, bribery or any corrupt activity associated with the Company. We comply with The Fraud Act 2006 and The Bribery Act 2010. IMS will uphold all laws relevant to countering fraud, bribery and corruption in all the jurisdictions in which it conducts business.

Scope & Applicability

This Anti-Fraud, Corruption and Bribery Policy applies to all individuals working for or on behalf of IMS at all levels and grades, whether permanent, fixed-term or temporary, and wherever located, including consultants, contractors, seconded staff, casual staff, agency staff, volunteers, agents, sponsors and any other person who performs services for or on behalf of IMS, (collectively referred to as Workers in this policy).

In this policy, Third Party means any individual or organisation that Workers come into contact with during the course of work and the running of the company’s business, and includes actual and potential clients, intermediaries, referrers of work, suppliers, distributors, business contacts, agents, advisers, government and public bodies (including their advisers, representatives and officials), politicians and political parties.

What is Fraud?

The Fraud Act introduced a new general offence of fraud which can be committed in three ways;

Fraud By False Representation

A person is in breach of this section if he dishonestly makes a false representation, and intends, by making the representation to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss. A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading. “Representation” means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or any other person. A representation may be expressed or implied. For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Fraud By Failing To Disclose Information

A person is in breach of this section if he dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss.

Fraud By Abuse Of Position

A person is in breach of this section if he occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person, dishonestly abuses that position, and intends, by means of the abuse of that position to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss. A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

What is Bribery?

A bribe is an inducement or reward offered, promised or provided in order to improperly gain any commercial, contractual, regulatory or personal advantage, which may constitute an offence under the Act, namely:

giving or offering a bribe;
receiving or requesting a bribe; or
bribing a foreign public official.

IMS may also be liable under the Act if we fail to prevent bribery by an associated person (including but not limited to Workers) for the company’s benefit.

Gifts & Hospitality

This Policy does not prohibit normal and appropriate gifts and hospitality (given and received) to or from Third Parties unless otherwise specifically stated. However, we have specific internal policies and procedures which provide guidance to Workers as to what is to be regarded as normal and appropriate gifts and hospitality in terms of financial limits, subject to the principles set out below (the Overriding Principles), namely that any gift or hospitality:

must not be made with the intention of improperly influencing a Third Party or Worker to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
must comply with local law in all relevant countries;
must be given in the name of the organisation, not in an individual’s name;
must not include cash or a cash equivalent;
must be appropriate in the circumstances;
must be of an appropriate type and value and given at an appropriate time taking into account the reason for the gift;
must be given openly, not secretly; and
in the case of gifts, they must not be offered to, or accepted from, government officials or representatives, politicians or political parties, without the prior approval of either the Compliance Officer for Legal Practice (COLP) or Compliance Officer for Finance and Administration (COFA).

IMS appreciates that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable both in the UK and any other relevant country. The intention behind the gift should always be considered.

Facilitation Payments & Kickbacks

We do not make, and will not accept, facilitation payments or “kickbacks” of any kind, such as small, unofficial payments made to secure or expedite a routine government action by a government official, or payments made in return for a business favour or advantage.

Charitable Donations & Sponsorship

IMS will only makes charitable donations and provides sponsorship that are legal and ethical under local laws and practices and which are in accordance with the company’s internal policies and procedures.

What is not Acceptable?

It is not acceptable for any Worker (or someone on their behalf) to:

give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that they or IMS will improperly be given a business advantage, or as a reward for a business advantage already improperly given;
give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to facilitate or expedite a routine procedure;
accept payment from a Third Party where it is known or suspected that it is offered or given with the expectation that the Third Party will improperly obtain a business advantage;
accept a gift or hospitality from a Third Party where it is known or suspected that it is offered or provided with an expectation that a business advantage will be improperly provided by the company in return;
threaten or retaliate against another Worker who has refused to commit a bribery offence or who has raised concerns under this Policy; or
engage in any activity that might lead to a breach of this Policy.

IMS Building Solutions Limited require all employees including any employed on a temporary, agency or contractor basis to act honestly and with integrity, comply with the laws, regulations and customs of each country in which the Company operates and to conduct business with clients, suppliers and all other parties in an ethical, lawful and responsible manner. The offering, giving, solicitation or acceptance of any bribe or cash inducement to or from any person, company or any third party is strictly prohibited by IMS Building Solutions Limited.

This policy recognises the variance in market practice across different countries in which IMS Building Solutions Limited operates, and strictly prohibits any inducement which may result in a personal gain or advantage to the recipient or any associated person or third party which is intended to influence action which may not be solely in the interests of the Company, person or body whom the Company represents.

The giving of ceremonial gifts, normal or appropriate hospitality, or the use of a recognised fast track process available on payment of a fee, provided that they are proportionate, customary within a particular market and properly recorded and openly disclosed are not prohibited providing that they are agreed with senior management or with persons or clients that the Company represents. This policy does not prohibit the offer or use of resources to assist a person or body to make a decision more efficiently providing that they are supplied for that purpose only.

All Employees will be made aware of the Company policy and their personal responsibilities and that they must ensure to adhere strictly to this policy. The responsibility to prevent unethical business practice resides across all levels of the Company, and any suspected instance of such practice will be handled consistently without regard to position held or length of service of the person or persons involved, with the possible consequence of immediate termination of employment.

This policy will be periodically reviewed for continual improvement and relevance. Compliance with this policy will be continually reviewed.

Responsibilities & Raising Concerns

The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All Workers are required to avoid any activity that might lead to, or suggest, a breach of this Policy.

Workers are required to notify the company as soon as possible if it is believed or suspected that a conflict with this Policy has occurred, or may occur in the future, or if they are offered a bribe, are asked to make one, suspect that this may happen in the future, or believe that they are a victim of another form of unlawful activity.

Any employee who breaches this Policy may face disciplinary action, which could result in dismissal for gross misconduct. We reserve our right to terminate our contractual relationship with non-employee Workers if they breach this Policy.

If any Third Party is aware of any activity by any Worker which might lead to, or suggest, a breach of this Policy, they should raise their concerns with our Director of Risk, Charles Meadows cmeadows@imsbuildingsolutions.co.uk in the first instance.

Record Keeping

We keep appropriate financial records and have appropriate internal controls in place which evidence the business reason for gifts, hospitality and payments made and received.

Training & Communication

Training on this Policy is provided for all Workers and our zero-tolerance approach to bribery and corruption will, where appropriate, be communicated to clients, suppliers, contractors and business partners.

Monitoring & Review

IMS Building Solutions monitor the effectiveness and reviews the implementation of this Policy at appropriate intervals, considering its suitability, adequacy and effectiveness. Any improvements identified are made as soon as possible. Internal control systems and procedures are also subject to regular review to provide assurance that they are effective in countering any risks of fraud, bribery and corruption.

All Workers are aware that they are responsible for the success of this Policy and should ensure they use it to disclose any suspected danger or wrongdoing.