1.      Introduction

Daemeter is committed to maintaining the highest level of ethical standards as described in our Code of Conduct.  The actions and conduct of the Daemeter team (employees, volunteers, directors, shareholders, commissioners, secondees, contractors, independent consultants and other directly relevant stakeholders) are fundamental to maintaining these standards.

This document sets out Daemeter’s policy in relation to bribery, fraud and corruption.  The policy applies strictly to all team members within all regions, areas and functions.

 

2.      Understanding and recognising bribery and corruption

Acts of bribery or corruption are intended to influence an individual in the performance of his / her duty and incline him / her to act in a way that a reasonable person would consider to be dishonest in the circumstances.

Bribery can be defined as offering, promising or giving a financial (or other) advantage to another person with the intention of inducing or rewarding that person to act or for having acted in a way which a reasonable person would consider improper in the circumstances.  Corruption is any form of abuse of entrusted power for private gain and may include, but is not limited to bribery.

Bribes are not always a matter of handing over cash.  Gifts, hospitality and entertainment can be bribes if they are intended to influence a decision.

 

3.      Policy

Daemeter will not tolerate bribery or corruption in any form.  Daemeter prohibits the offering, giving, solicitation or the acceptance of any bribe or corrupt inducement, whether in cash or in any other form:

• to or from any person or company wherever located, whether a public official or public body, or a private person or company;
• by any individual employee, director, trustee agent, consultant, contractor or other person or body acting on the Company’s behalf;
• in order to gain any commercial, contractual, or regulatory advantage for the Company in any way which is unethical or to gain any personal advantage, economic or otherwise, for the individual or anyone connected with the individual.

This policy is not intended to prohibit the following practices provided they are appropriate, proportionate and are properly recorded:

• normal hospitality, provided that it complies with company policy;
• fast-tracking a process which is available to all on the payment of a fee;
• providing resources to assist a person or body to make a decision more efficiently, provided that it is for this purpose only.

It may not always be a simple matter to determine whether a possible course of action is appropriate.  If you are in any doubt as to whether a possible act might be in breach of this policy or the law, the matter should be referred to a Company director.

Daemeter will investigate thoroughly any actual or suspected breach of this policy.  Team members found to be in breach of this policy may be subject to disciplinary action which may ultimately result in their dismissal and termination of contract.

Daemeter employees are contractually bound to follow this anti-fraud procedure and thereby agree to suspension and/or summary dismissal where appropriate.

 

4.      Main risk areas

Bribery can be a risk associated with many of the Company’s activities.  Below are particular areas to be aware of:

Facilitation payments: can be used to secure or expedite the performance of a routine or necessary action to which the payer has an entitlement as of right.  Daemeter will not tolerate or excuse such payments being made.

Excessive gifts, entertainment and hospitality:  can be used to exert improper influence on decision makers.  Gifts, entertainment and hospitality are acceptable provided they fall within Daemeter’s corporate entertainment policy.

Reciprocal agreements: or any other form of ‘quid pro quo’ are never acceptable unless they are legitimate business arrangements which are properly documented and approved by management.  Improper payments to obtain new business, retain existing business or secure any improper advantage should never be accepted or made.

Actions by third parties for which the Company may be held responsible: can include a range of people, such as agents, contractors and consultants, acting on the Company’s behalf.  Appropriate due diligence should be undertaken before a third party is engaged.  Third parties should only be engaged where there is a clear business rationale for doing so, with an appropriate contract.  Any payments to third parties should be properly authorised and recorded.

Record keeping: can be exploited to conceal bribes or corrupt practices.  Daemeter has robust financial controls in place so that its records are accurate and transparent.

 

5.      Responsibility and how to raise a concern

The prevention, detection and reporting of bribery or corruption is the responsibility of all team members.  If you become aware or suspect that an activity or conduct which is proposed or has taken place is a bribe or is corrupt, then you have a duty to report this to your line manager or to a Company director immediately. In the case where your line manager may be implicated, you should report directly to a Company director.  In the case where complete anonymity is required, the reporting person may utilise Daemeter’s grievance and complaint procedure, which is detailed in a separate policy. In summary, anonymous reports may be emailed to grievance@daemeter.org or pengaduan@daemeter.org .

Staff or managers should not:

• Contact the suspected perpetrator to get facts or demand restitution;
• Discuss the case, facts, suspicions or allegations with anyone outside the reporting line of this procedure unless specifically asked to do so;
• Attempt to personally conduct investigations or interviews.

 

6.      Confidentiality

All information provided by staff or managers in the process of reporting suspected fraud will be treated confidentially. However, if criminal activity is to be reported to the police, the identity of the person reporting may eventually have to be disclosed to enable external investigators or police to pursue investigations effectively. Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate right or need to know.

The official version of this policy can be provided on request.