Anti-bribery and corporate gifts policy: Trustees, Council, Board and Committee members

This policy applies to RCR trustees, Council, Board and Committee members. A similar policy exists for RCR employees and contractors.

The Bribery Act 2010 created a new offence which can be committed by organisations which fail to prevent persons associated with them from bribing another person on their behalf. The Act provides:

• a general offence of bribery, which is defined as giving someone a financial or other advantage to induce them to perform their functions or activities improperly, or to reward them for having already done so.
• an offence of bribing a foreign public official in order to win business, keep business or gain a business advantage for the organisation.
• an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.

An organisation that can prove it had "adequate procedures" in place to prevent persons associated with it from bribing will have a defence. What counts as adequate will depend on the bribery risks an organisation faces and the nature and size of the organisation.

Definition

Bribery is, in the conduct of the RCR’s business, the offering or accepting of any gift, loan, payment, reward or advantage for personal gain as an encouragement to do something which is dishonest, illegal or a breach of trust.

Bribery is a criminal offence. The RCR prohibits any form of bribery. We require compliance, from everyone connected with our business, with the highest ethical standards and anti-bribery laws applicable. Integrity and transparency are extremely important to us, and we have a zero-tolerance attitude towards corrupt activities of any kind.

Corruption is the misuse of public office or power for private gain; or misuse of private power in relation to business outside the realm of government.

Offences

It is a criminal offence to:

• offer a bribe
• accept a bribe
• bribe a foreign official
• as a commercial organisation, to fail to prevent a bribe.

You should be aware that if you are found guilty by a court of committing bribery, you could face up to 10 years in prison and/or an unlimited fine. The RCR could also face prosecution and be liable to pay a fine.

Policy

It is prohibited, directly or indirectly, to offer, give, request or accept any bribe ie gift, loan, payment, reward or advantage, either in cash or any other form of inducement, to or from any person or company in order to gain commercial, contractual or regulatory advantage for the RCR, or in order to gain any personal advantage for an individual or anyone connected with the individual in a way that is unethical.

It is also prohibited to act in the above manner in order to influence an individual in their capacity as a foreign public official. You should not make a payment to a third party on behalf of a foreign public official.

If, in your capacity as an RCR trustee, Council, Board or Committee member you are offered a bribe, or a bribe is solicited from you, you should not agree to it unless your immediate safety is in jeopardy. You should inform the RCR Chief Executive Officer at the earliest opportunity.

Appropriate checks will be made before engaging with suppliers or other third parties of any kind to reduce the risk of our business partners breaching our anti-bribery rules.

The RCR will ensure that all of its transactions, including any sponsorship or donations given to charity, are made transparently and legitimately.

We will uphold laws relating to bribery and will take relevant action against persons working on our behalf or in connection with us, should we find that an act of bribery, or attempted bribery, has taken place where the policy has not been observed. This action may result in removal from your position as a trustee or Council, Board or Committee member.

This section of the policy sets out the RCR’s stance on the acceptance of gifts and hospitality in accordance with the Bribery Act 2010.

Trustees, Council, Board and Committee members should be aware of the definitions of ‘gift’ and ‘hospitality’ given below; however, these are not exhaustive. If in any doubt, clarification can be obtained from the Chief Executive.

Receiving gifts

The RCR realises that the giving and receiving of gifts and hospitality of low monetary value where nothing is expected in return helps form positive relationships with third parties where it is proportionate and properly recorded. This does not constitute bribery and consequently such actions are not considered a breach of this policy.

Gifts include:

• goods (flowers, vouchers, food, drink, event tickets when not used in a hosted business context)
• services or loans of goods given or received as a mark of friendship or appreciation.

Gifts of a very low monetary value are permitted; acceptance of any other gift is not authorised and must be rejected. In this instance, a low monetary value is defined as less than £50.00.

Monetary gifts and gifts of high value must be declined.

Trustees, Council, Board and Committee members are advised to use their judgment on whether a gift would meet the definition of ‘appropriate’. When considering this, they should take into account the bearer of the gift and context in which it is offered. Clarification on the appropriateness of an offer can be sought from the Chief Executive.

Accepting hospitality

Hospitality includes:

• entertaining
• meals or
• event tickets (when used in a hosted business context) given or received to initiate or develop relations.

Trustees, Council, Board and Committee members are permitted to accept offers of corporate hospitality provided they are satisfied that nothing is expected in return. For the avoidance of doubt, they may wish to record offers of significant hospitality beyond usual expectations.

Hospitality will become a gift if the host is not present.

Offering gifts and hospitality

All offers to provide gifts or hospitality, to any party in connection with our business should be agreed in advance with the Chief Executive.

Gift and hospitality register

Prior to accepting an offer of a gift, the details of the offer must be recorded in the gift and hospitality register which is maintained by the Governance Team. The rejection of high-value gifts should also be recorded on the register.

Details that should be provided include the name of the recipient, who is offering the gift, description of the gift, an estimated value and the intention or context behind the offer, where this is known.

Details of exceptional offers of significant hospitality should also be recorded in the register.

Significant and/or exceptional offers of gifts or hospitality by trustees, Council, Board or Committee members should also be recorded.

Advice on what should be included in the gift register can be obtained from the Chief Executive.