Anti-Bribery and Anti-Corruption Policy

We are committed to maintaining the highest ethical standards, enforcing the integrity of our busines practices, wherever we operate throughout the world, and complying with all anti-bribery and anti-corruption laws. We have a zero-tolerance approach to bribery and corruption. These statements have endorsement of the Board of Directors and will be vigorously enforced. All employees, wherever they are located in the world, are expected to comply with this policy in full.

Adherence to the clear guidelines set out in this policy will ensure that the company and its employees comply with relevant laws, governmental guidance and recognised best practice. This in turn will reduce the risk that the company or any employee will incur any criminal liability or reputational damage.

Bribes & Kickbacks

The company does not take part in acts of corruption, or pay bribes or receive kickbacks either directly or indirectly.

The company prohibits its employees from engaging in acts of corruption, and from paying bribes or kickbacks to, or accepting bribes or kickbacks from, public officials and private individuals such as the personnel of companies with which the company does business.

A typical example of indirect bribery would be a case where a company employs a commercial agent to help it win a government contract. The agent is paid by commission based on a percentage of the contract fee, and part of that commission is passed on to a government official. The company does not tolerate such practices in any form or wherever paid.

It is the responsibility of all employees who are involved at any time in engaging the services of external consultants, suppliers or advisers to ensure that such individuals are made aware of the content of the company’s Anti-Bribery and Anti-Corruption policy at the outset of the relationship and on a regular basis thereafter.

Facilitation Payments

The company and its employees will not make facilitation payments even if such payments are local practice or custom. The company accepts that refusal to make illicit payments may lead to commercial delays, for example, in the processing of government papers, and that there may be a commercial cost to the company attributable to this policy.

If company employees encounter a demand for a facilitation payment, or think they are likely to do so, they should report the situation to the Managing Director without delay.

The company recognises that demands for facilitation payments are often backed by a form of extortion and that in exceptional circumstances resistance may not be feasible. An extreme example would be a demand for payment to secure an emergency admission into hospital. In such circumstances, the company accepts that staff will need to use their best judgement. Staff must report any incident where they feel forced to make a facilitation payment to the Managing Director at the earliest opportunity. The company will stand by employees who find themselves placed in exceptional situations provided that the employee has provided absolute transparency as to the circumstances surrounding a payment, as soon as reasonably practicable after the incident has occurred.


Public Officials

Bribing or corrupting a public official is a serious offence, can carry severe penalties and can cause significant reputational damage. This policy provides detailed guidelines on gifts and hospitality. Approval must be secured in advance in relation to gifts or benefits received from or offered to public officials, particularly the giving of anything of value to a public official. Offers of internships to government officials or employees of state-owned enterprises must be approved in advance by Managing Director.


Gifts, Hospitality & Expenses

Company employees may not offer to, or accept from, third parties, gifts, hospitality, rewards, benefits or other incentives that could affect either party’s impartiality, influence a business decision or lead to the improper performance of an official duty. Similarly, they may not offer or accept cash donations.

Company employees may offer and accept ‘reasonable’ and ‘proportionate’ gifts and entertainment, such as dinner, theatre parties or sporting events. In determining what is ‘reasonable’ and ‘proportionate’, employees should consider the value of the gift or benefit (see below), as well as the frequency with which the same or similar gift or benefit is offered. In all cases they must ensure that the gift or benefit:

 
  • Is being given as an expression of goodwill and not in expectation of a return favour (a gift designed to secure a return favour could be seen as a bribe).
 
  • Is commensurate with generally accepted standards for hospitality taking into account the norms for the industry/professional sector in which it is offered.
 
  • Is being provided openly and transparently, and is of a nature that will not cause the company embarrassment if publicly reported.
 
  • Complies with local laws and regulations, including the recipient’s own rules (bearing in mind that government rules on offering and receiving gifts or benefit are often strict).
 
  • Meets the value limits set by the company and has all required approvals. In cases of uncertainty, employees must seek advice from the Managing Director.

Employees must seek prior approval from the Managing Director for all gifts or benefits received or offered with a value of more than £100 (or equivalent) prior to final acceptance. Directors can approve the offering or acceptance of gifts or hospitality up to a maximum notional value of £200 or equivalent.  Any gifts or hospitality with a notional or actual value in excess of £200 or equivalent but less than £1,000 or equivalent must be approved by the Managing Director. All approvals must be given in writing, and records of gifts received, from whom and by whom, must be recorded by the Finance Manager.

If prior approval cannot be realistically obtained before the initial acceptance of a gift or hospitality, the employee must report and seek retrospective approval, or otherwise, at the required level as soon as possible after initial acceptance.

Spouses or partners may be included in an invitation to, for example, a sporting event or dinner, where this does not create or give the appearance of an inducement. The same approval limits apply in the case of joint invitations.


Personal Conflicts of Interest

Company employees must avoid situations or transactions in which their personal interests could conflict or might be seen to be in conflict with the interests of the company. This includes: acting on any client information gained through their employment with the company for personal gain; passing such information to a third party; or acting in any way that could be construed as insider trading.

Conflicts of interest can arise if individuals have a personal interest in business dealings involving the company. Personal interest can be direct or indirect, and refers not only to personal interests but to those of family members and friends. If there is a potential for conflict, the interests of the company must take priority.

Employees must disclose any personal conflict of interest or perceived conflicts of interest to the Managing Director.

Charitable Donations

As part of its activities, the company may support local charities or provide sponsorship, for example, to sporting or cultural events. Any such sponsorship will be approved by the Managing Director and must be transparent and properly documented. The company will only provide donations to organisations that serve a legitimate public purpose, and which are themselves subject to high standards of transparency and accountability. Appropriate due diligence must be conducted on the proposed recipient charity and a full understanding obtained as to its bona fides.

Political Activities & Views

The company has a policy of strict political neutrality; it does not make donations to any political parties, organisations, or individuals engaged in politics.  The company will co-operate with governments and other official bodies in the development of policy and legislation that may affect its legitimate business interests, or where it has specialist expertise.

Employees are entitled to their own political views and activities, but they may not use company premises or equipment to promote those views or associate their views with those of the company.

Business Relationships

The company expects its business partners to approach issues of bribery and corruption in a manner that is consistent with the principles set out in this policy. This requirement applies to agents, suppliers, sub-contractors, and joint venture partners. In cases where the company is unable to ensure these standards, it will reconsider the business relationship. This statement is reinforced within our Supplier Code of Conduct. 


Agents, Representatives and Sub-Contractors

This policy applies with particular force to commercial agents, representatives and subcontractors. In many reported international corruption cases, agents have passed on part of their commissions as bribes. The company strictly prohibits such practices.

In order to maintain the highest standards of integrity, employees must ensure that:

 
  • They are fully briefed on the background and reputation for integrity of agents, representatives and subcontractors before hiring them. The company will conduct due diligence enquiries to review the integrity records of agents, representatives and subcontractors before entering a commercial relationship with them.
 
  • The engagement process is fully documented; and that final approval of the selection of agents, representatives and subcontractors is made by someone other than the person selecting or managing the company’s relationship with them.
 
  • Agents, representatives and subcontractors are fully briefed on the company’s Anti-Bribery and Anti- Corruption policy, and have made a formal commitment in writing to abide by it.
 
  • Fees and commissions agreed will be appropriate and justifiable remuneration for legitimate services rendered.


Joint Venture Partners

The need for documentation and careful reviews of the company’s partners’ integrity records applies equally to the process of setting up and managing joint ventures. The company will use its influence to ensure that joint ventures meet high integrity standards. Where the company has majority control, it will ensure that the joint venture adopts the concepts and approach to bribery and corruption as set out in this policy.

Suppliers and contractors

The company will ensure that the procurement procedure for appointing suppliers and contractors is open, fair and transparent.  The selection of contractors will be based on an evaluation of professional merit, and not on personal recommendations.

The company will communicate its Anti-Bribery and Anti-Corruption policy to its suppliers and contractors, and it will expect them to abide by the principles set out in the policy when working on the company’s behalf. If those principles are breached, the company will reserve the right to terminate the contract.

Accounts and Audits

We require employees to keep accurate accounts throughout the company’s operations. In no circumstances will the company be expected to keep parallel accounts.

We have auditing procedures in place, which include a review of the local circumstances that may make particular offices or projects vulnerable to corruption, and the defences and strategies that are in place to mitigate such risks. In some countries, demands for facilitation payments are a particular hazard. An assessment of the frequency of such demands, and the strategies to counter them, will be a regular part of the audit review.


Relevant legislation

All national laws relating to bribery and corruption, especially such laws that are in place in jurisdictions where the company has an office(s) or carries out its work, are of importance. In setting out the principles included in this policy, particular attention has been paid to the requirements of:

 
  • The UK Bribery Act 2010 which has extra-territorial reach. The company is registered in the UK, and this law has particular relevance to the manner in which the company conducts itself;
 
  • The Foreign and Corrupt Practices Act 1977. This Act is in effect in the USA, and is directed at companies listed on the US markets. It assumes extra-territorial effect. Adherence to its requirements is mandatory for many of the company’s clients and its requirements are fully adopted by the company.

Key Definitions

Business Integrity

 Business integrity involves the application of the company’s core values. The opposite of integrity is dishonest behaviour, including corruption that could undermine the      reputation of the company for fair dealing.

Bribery

Bribery, in broad terms, is the receiving or offering of undue reward or anything of value and includes payments to secure a business advantage, financial or otherwise, to which the company is not entitled. Anything of value can be a bribe, including a gift in kind or some other favor such as an offer of employment to a relative of the person being bribed.

Corruption

Corruption can include graft, bribery, facilitation payments or other forms of improper business practice. It has the same attributes as set out under Bribery above. It can be summarised as the misuse of entrusted power or office, whether in the public or private sector, for private gain.

Kickbacks

Kickbacks are when suppliers or service providers pay part of their fees to the individuals who give them a contract or some business advantage.

Facilitation Payments

Facilitation payments are small bribes to officials with a view to speeding up routine governmental transactions to which the payer is already entitled. Examples include payments to speed up customs clearances and extra fees to officials to secure electricity connections.

Application

The Managing Director has overall responsibility for the application of this policy.

The company will make this policy readily available on the company’s website and intranet for all interested parties. The policy will also form part of a new employee’s induction training programme.

The internal audit programme will audit compliance against this policy, and other company policies, at regular intervals. Compliance will also form part of regular legal reviews, by the company legal compliance advisor.

Employees should consult with the Managing Director if they suspect that a company employee is engaged in bribery, corruption, fraud or any other unacceptable or unethical conduct. Our Whistleblowing Policy can also be seen for full details on this process.

Failure to ensure compliance with this policy could lead to the following consequences for the company:

 
  • Criminal or civil liabilities for the company including fines and imprisonment;
 
  • Serious reputational damage including media comment;
 
  • Debarment from tendering for public sector contracts, and;
 
  • The unenforceability of contracts entered into as a result of acts of bribery, fraud or other illegality.

   Failure to ensure compliance with this policy could lead to the following consequences for employees: 

 
  • Personal criminal liability followed by fines or imprisonment;
 
  • Disciplinary action initiated by the company, including dismissal;
 
  • Personal reputational damage.

Employees in any case of uncertainty, or any cases of doubt, surrounding how to apply this policy, should speak with the Managing Director.

The policy will be reviewed annually, or earlier, should there be any significant changes, such as to governing legislation.


Sarah Spivey
Managing Director

22nd January 2021

Modulift UK Ltd 
Registered in England and Wales 
Registered Address

Cordite House | 4 Holton Point | Holton Road | Holton Heath Trading Park | Poole | Dorset | BH16 6FL
Registered No: 4601952
Office: +44 (0)1202 621511
Email: sales@modulift.com 

For more information on Modulift's Manufacturing, Proof Load Testing, or to discuss your heavy lifting requirements, please contact Modulift on +44 (0)1202 621511 or email sales@modulift.com  

Modulift CE Logo
Modulift DNVGL-ST Logo
Modulift DNVGL Logo
Modulift LEEA Logo
Modulift AWRF Logo
Modulift Member SCRA Logo
Modulift JOSCAR Logo