Anti-Bribery & Corruption Policy

C & W Berry Ltd values its reputation and is committed to maintaining the highest level of ethical standards in the conduct of its business affairs. The actions and conduct of the firm’s staff as well as others acting on the firm’s behalf are key to maintaining these standards.

This policy sets out the Company’s position in relation to bribery and corruption and provides guidelines aimed at ensuring compliance with the law, encouraging vigilance and provides a means for reporting potential issues. This policy applies to all employees, directors, agents, contractors, suppliers, casual workers and any other people that are associated with C & W Berry Ltd.

This Policy is based on the Bribery Act 2010. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

In the UK it is an offence to:

• Offer, promise or give a financial or other advantage to another person whether in the UK or aboard, with the intention of inducing or rewarding improper conduct
• Request, agree to receive or accept a financial or other advantage for or in improper conduct
  

You can be held personally liable for any such offence.

It is also an offence in the UK for an employee or an associated person to bribe another person in the course of doing business intending either to obtain or retain business, or to obtain or retain an advantage in the conduct of business, for the Company. The Company can be liable for this offence where it has failed to prevent such bribery by associated persons.

All employees and associated persons are required to:

• Comply with any anti-bribery and anti-corruption laws
• Act honestly, responsibly and with integrity
• Uphold the Company’s values in an ethical, professional and lawful manner at all times

Bribery of any kind is strictly prohibited. Under no circumstances should any provision be made, money set aside or accounts created for the facilitating the payment or receipt of a bribe.

The Company recognises that industry practices may vary from country to country, or from culture to culture. What is considered normal practice in one place may be considered unacceptable in another. Nevertheless, a strict adherence to the guide lines set out in this Policy is expected of all employees and associated persons at all times. If in doubt as to what might amount to a bribe or what might constitute a breach of this policy, refer the matter to a director of the Company.

The Anti-Bribery Act does not attempt to outlaw legitimate corporate hospitality by which Companies may get to know their clients and this hospitality is not prohibited. If there is any doubt over what constitutes corporate hospitality then seek direction from a director of the Company.

The giving or receiving of gifts to or from clients, customers, contractors and suppliers is not prohibited provided the following guide lines are met.

• The gift is not made with the intention of influencing a third party to obtain or retain business or gain an advantage, or to reward the provision of retention of business or a business advantage
• It is given or received in our name not your name
• It complies with local law
• It does not include cash or a cash equivalent (e.g. gift vouchers)
• It is appropriate and reasonable
• It is given or received openly, not secretly

In summary, it is not acceptable to give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received. It is also not acceptable to reward a business advantage already given, or accept a payment, gift or hospitality from a third party that you know or suspect is offered or provided with the expectation that it will gain a business advantage for them.

All accounts, receipts, invoices and other documents and records relating to dealings with third parties must be prepared and maintained with strict accuracy and completeness. No accounts must be kept ‘off the record’ to facilitate or conceal improper payments.

The prevention, detection and reporting of bribery or corruption is the responsibility of all employees throughout the firm. If you become aware or suspect that an activity or conduct is proposed or has taken place is a bribe or corrupt, then you have a duty to report this.

Any such incident should be reported to a director of the Company. Anyone who raises a concern or reports a situation will receive full support from the Company.

A breach of any of the provisions of this Policy will constitute a disciplinary offence and will be dealt with in accordance with the Company’s disciplinary procedure

As far as associated people are concerned, a breach of this policy could lead to the suspension or termination of any relevant contract, sub-contract or other agreement.