Anti-Bribery Policy: Difference between revisions

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{{BoardApproved|Decisions/Anti-bribery policy|26 March 2014|type=policy|
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*{{BoardApprovedHistory | Decisions/Anti-bribery policy | 26 March 2014 | Original resolution | 52666 }}
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==Introduction==
==Introduction==
The Bribery Act 2010 became effective on the 1st July 2011. The Bill made radical changes to existing UK legislation on bribery and corruption and applies to all UK organisations including those in the Education Sector. This policy extends to all members of staff, Trustees, third parties/business partners or volunteers acting on behalf of Wikimedia UK.
Wikimedia UK aims at all times to limit its exposure to the risk of bribery and corruption by:
 
* Setting out a clear Anti-bribery Policy
* Training all employees and contractors so that they can recognise and avoid the use of bribery by themselves and others;
* Encouraging employees and contractors to be vigilant and to report any suspicion of bribery, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately;
* Rigorously investigating instances of alleged bribery and assisting the police and other appropriate authorities in any resultant prosecution;
* Taking firm action against any individual(s) involved in bribery.


==Key Principles==
==Key Principles==
*Wikimedia UK is committed to the highest standards of transparency and openness, as described in it's [[Vision| mission and values]]   
* Wikimedia UK is committed to the highest standards of transparency and openness, as described in its [[Vision|mission and values]]   
*Wikimedia UK seeks to conduct its affairs in a responsible manner, having regard to the principles established by the [http://www.public-standards.gov.uk/ Committee on Standards in Public Life], which members of staff, Trustees, third parties/business partners or volunteers at all levels are expected to observe.
* Its trustees have made a commitment that integrity and zero-tolerance of bribery are fundamental and non-negotiable
 
==What is Bribery and Corruption?==
The Bribery Act 2010 was introduced a new corporate criminal offence, placing a burden of proof on organisations to show they have adequate procedures in place to prevent bribery. An organisation is guilty of an offence if an ‘associated person’ carries out an act of bribery in connection with its business. A person will be ‘associated with’ the organisation where that person performs services for or on behalf of an organisation (this could include an employee, subsidiary, intermediary, agent or supplier). The Bribery Act also provides for strict penalties for active and passive bribery by individuals as well as companies.


The Bribery Act creates four prime offences:
==Anti Bribery - Policy==
* Two general offences covering the offering, promising or giving of an advantage, and requesting, agreeing to receive or accepting of an advantage;
* A discrete offence of bribery of a foreign public official; and
* A new offence of failure by a commercial organisation to prevent a bribe being paid to obtain or retain business or a business advantage (should an offence be committed, it will be a defence that the organisation has adequate procedures in place to prevent bribery).
Bribery can be described as the receiving of an inducement for an action which is illegal, unethical or in breach of trust. Inducements can take the form of gifts, fees, rewards or other advantages. Corruption can be defined as the misuse of entrusted power for personal gain.


3. CONSEQUENCES
Failure to comply or breach any sections contained within this Anti-Bribery Policy could be regarded as gross misconduct. This may result in dismissal without notice or pay in lieu of notice in accordance with Wikimedia UK's disciplinary procedures.
Failure to comply with the Bribery Act 2010 could result in imprisonment of up to 10 years and/or unlimited fines without taking into account the severe reputational repercussions for the Charity or the possibility of debarment from public procurement contracts. A statutory defence to the strict liability offence of ‘failing to prevent bribery’ is the introduction of adequate internal procedures, these will include:
* The appointment of a Responsible Officer – to deal with all matters relating to bribery and corruption;
* Top level commitment – The Board of Trustees emphasise a zero tolerance policy to bribery and corruption;
* Risk Assessment – bribery and corruption risks will be fed into the Wikimedia UK’s overall risk assessment process and risk register, with adequate controls designed to prevent and minimise such risks;
* Due Diligence -  [[Finance Policy| Finance policy and protocols]] which requires an appropriate level of due-diligence for all parties to the business relationship and supply chain to the Charity
* Clear practical accessible enforceable policies and procedures  
* Effective implementation – the organisation will be committed to its overall anti bribery programme
* Staff Training  -  staff, Trustees and volunteers in key risk areas will be offered trained on the prevention and detection of bribery
* Monitoring & Review – the Audit and Risk Committee will seek reviews of procurement procedures and decisions on a bi-annual basis


Failure to comply or breach any sections contained within this Anti Bribery & Corruption Policy could be regarded as gross misconduct. This may result in dismissal without notice or pay in lieu of notice in accordance with Wikimedia UK's disciplinary procedures.
Bribery is to be understood as defined by sections (1) and (2) of the [http://www.legislation.gov.uk/ukpga/2010/23/crossheading/general-bribery-offences| Bribery Act 2010]


==Responsibilities==
The prevention, detection and reporting of potential bribery and corruption is the responsibility of all employees, contractors trustees and volunteers, and they must report any instances of potential bribery and corruption in line with this policy.
The prevention, detection and reporting of potential bribery and corruption is the responsibility of all employees, Trustees or volunteers, and they must report any instances of potential bribery and corruption in line with this policy.  


Wikimedia UK will comply with all bribery and corruption laws both in the UK and overseas including the Foreign Corrupt Practices Act (FCPA). One of the important consequences of the Bribery Act is that facilitation payments remain illegal. This policy sets out that Wikimedia UK prohibit the use of facilitation payments within its zero tolerance policy to bribery and corruption.
==Anti-bribery - Responsibilities==
Your responsibility in relation to preventing and detecting bribery and/or corruption is as follows:
Your responsibility in relation to preventing and detecting bribery and/or corruption is as follows:
* To be alert to where the Wikimedia UK may be targeted by individuals trying to offer inducements/gifts/loans/rewards or other inducements which may be illegal, unethical or in breach of trust. It is further a requirement of Wikimedia UK's [[Conflict of Interest policy]]
* To conduct business in line with all appropriate Wikimedia UK policies and procedures including:
* To report any concerns of potential bribery and corruption to Wikimedia UK's Responsible Officer
:[[Donation and grant acceptance]]
* To conduct business in line with all appropriate Wikimedia UK policies and procedures.
:[[Financial Policy %26 Procedures (proposed)| Financial Policy and Procedures]]
 
:[[Access control approval guidelines]]
==Training==
:[[Conflict of Interest Policy]]
Any relevant staff, Trustees and Volunteers will receive a copy of Wikimedia UK's Anti Bribery Policy. They must also sign a declaration to state that they have read this Anti Bribery Policy and understand its requirements and their responsibilities. All will be offered an opportunity to discuss any concerns or queries with the Charity's Responsible Officer prior to signing the Charity's declaration of compliance
* To be alert to where the Wikimedia UK may be targeted by individuals trying to offer inducements/gifts/loans/rewards or other inducements which may be illegal, unethical or in breach of trust.  
* To report any concerns of potential bribery and corruption to a line manager, CEO or Chair of Trustees as deemed most appropriate. 
* Staff, contractors, agents or other people associated with the Wikimedia UK must not accept donations, gifts or hospitality above an equivalent value of £25, either on their own behalf or on behalf of Wikimedia UK, without informing and receiving clearance from their line manager.  
* The offer by Wikimedia UK employee, contractor or trustee of any gift or inducement to a third party will be dealt with in a similar manner.  Where permission has been given for the acceptance of such gifts, a record will be made and kept by the Office and Development Manager of the gift or donation, its value, its donor and its recipient.  
* The Audit and Risk Committee will review annually the record of gifts and donations as part of its responsibility for oversight of Wikimedia UK's internal financial controls. 
* Bona fide reasonable hospitality or promotional expenditure undertaken to present services or establish or maintain good relations with affiliates (for example invitations to events) or external organizations are not subject to the strictures of this policy.


==Raising a concern==
==Raising a concern==
Wikimedia UK is committed to creating an open and honest working environment. The reporting procedures in place allow for the choice of the most appropriate route for disclosing your genuine concerns further information can be found in Wikimedia UK's [[Whistle blowing Policy]].
Wikimedia UK is committed to creating an open and honest working environment. The reporting procedures in place allow for the choice of the most appropriate route for disclosing genuine concerns. Further information can be found in Wikimedia UK's [[Whistle blowing Policy]].
 
It may be necessary for the Responsible Officer to consult with the Chief Executive and/or Chair of the Board of Trustees and involve others, including Internal Auditors, as appropriate to investigate any suspected cases. The Chair of Audit and Risk Committee will also be notified of any incidents at the earliest opportunity and a report will be provided to the Audit Committee.
 
==Declaration of Understanding of the Wikimedia UK Anti-Bribery Policy==
 
This register is maintained on the Charity's private wiki and will be kept up to date in accordance with staff, Trustee and volunteer induction processes. It includes the following commitment:


<blockquote>I confirm that I have read the Wikimedia Anti Bribery Policy.  I also confirm that I have understood the requirements of this Policy and my responsibility in relation to this document. I understand that if I am party to any breach of this Policy it could be regarded as gross misconduct and that this may result in my dismissal in accordance with Wikimedia UK's disciplinary procedures.</blockquote>
==Annex to Finance Policy==
This Policy to become an annex to the WMUK Finance Policy.
[[Category:Policies]]

Latest revision as of 14:38, 25 April 2014

This policy was approved by the Board on 26 March 2014. (approved revision, subsequent changes)
Changes to this policy are subject to board approval, and should be proposed either on the talk page or the Engine room
Approval history:

* 26 March 2014 - Original resolution (approved revision)

Introduction

Wikimedia UK aims at all times to limit its exposure to the risk of bribery and corruption by:

  • Setting out a clear Anti-bribery Policy
  • Training all employees and contractors so that they can recognise and avoid the use of bribery by themselves and others;
  • Encouraging employees and contractors to be vigilant and to report any suspicion of bribery, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately;
  • Rigorously investigating instances of alleged bribery and assisting the police and other appropriate authorities in any resultant prosecution;
  • Taking firm action against any individual(s) involved in bribery.

Key Principles

  • Wikimedia UK is committed to the highest standards of transparency and openness, as described in its mission and values
  • Its trustees have made a commitment that integrity and zero-tolerance of bribery are fundamental and non-negotiable

Anti Bribery - Policy

Failure to comply or breach any sections contained within this Anti-Bribery Policy could be regarded as gross misconduct. This may result in dismissal without notice or pay in lieu of notice in accordance with Wikimedia UK's disciplinary procedures.

Bribery is to be understood as defined by sections (1) and (2) of the Bribery Act 2010

The prevention, detection and reporting of potential bribery and corruption is the responsibility of all employees, contractors trustees and volunteers, and they must report any instances of potential bribery and corruption in line with this policy.

Anti-bribery - Responsibilities

Your responsibility in relation to preventing and detecting bribery and/or corruption is as follows:

  • To conduct business in line with all appropriate Wikimedia UK policies and procedures including:
Donation and grant acceptance
Financial Policy and Procedures
Access control approval guidelines
Conflict of Interest Policy
  • To be alert to where the Wikimedia UK may be targeted by individuals trying to offer inducements/gifts/loans/rewards or other inducements which may be illegal, unethical or in breach of trust.
  • To report any concerns of potential bribery and corruption to a line manager, CEO or Chair of Trustees as deemed most appropriate.
  • Staff, contractors, agents or other people associated with the Wikimedia UK must not accept donations, gifts or hospitality above an equivalent value of £25, either on their own behalf or on behalf of Wikimedia UK, without informing and receiving clearance from their line manager.
  • The offer by Wikimedia UK employee, contractor or trustee of any gift or inducement to a third party will be dealt with in a similar manner. Where permission has been given for the acceptance of such gifts, a record will be made and kept by the Office and Development Manager of the gift or donation, its value, its donor and its recipient.
  • The Audit and Risk Committee will review annually the record of gifts and donations as part of its responsibility for oversight of Wikimedia UK's internal financial controls.
  • Bona fide reasonable hospitality or promotional expenditure undertaken to present services or establish or maintain good relations with affiliates (for example invitations to events) or external organizations are not subject to the strictures of this policy.

Raising a concern

Wikimedia UK is committed to creating an open and honest working environment. The reporting procedures in place allow for the choice of the most appropriate route for disclosing genuine concerns. Further information can be found in Wikimedia UK's Whistle blowing Policy.

Annex to Finance Policy

This Policy to become an annex to the WMUK Finance Policy.

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