Anti-Bribery Policy

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.

Key Principles

• Wikimedia UK is committed to the highest standards of transparency and openness, as described in it's mission and values
• Wikimedia UK seeks to conduct its affairs in a responsible manner, having regard to the principles established by the Committee on Standards in Public Life, which members of staff, Trustees, third parties/business partners or volunteers at all levels are expected to observe.

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:

• 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 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 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.

Responsibilities

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. 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 report any concerns of potential bribery and corruption to Wikimedia UK's Responsible Officer
• To conduct business in line with all appropriate Wikimedia UK policies and procedures.

Training

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

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.

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:

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.