The Anti-Bribery and Corruption Policy ("Policy") states the internal policy of IT for Change (ITfC) with regard to the prohibition of direct or indirect giving or receiving of improper payments or other benefits for purposes of obtaining any advantage.
1. Purpose
The purpose of this Policy is to ensure that members of ITfC conduct their work in an ethical manner and understand and adhere to the requirements of applicable anti-bribery laws and best practices in the jurisdictions they work in.
2. Scope
This Policy applies to all employees of ITfC wherever located, with respect to their activities for or on behalf of ITfC or otherwise in connection with ITfC activities.
3. Definitions
Gift/Favor: means anything of value, including but not limited to money, stored-value cards, gratuities, commissions, rebates, loans, loan guarantees, payment of debts, transportation, use of property, charitable donations, medical treatments, medication, entertainment, hospitality, travel, internships (paid or unpaid), employment opportunities, goods, or services.
Public Official: means (i) any officer or employee of a government or any department, agency or instrumentality thereof (which includes a government-owned or government-controlled state enterprise) or of a public international organization, such as the United Nations; (ii) any person acting in an official capacity for or on behalf of a government or government entity or of a public international organization, any political party or party official or any candidate for political office (including, for example, consultants who hold government positions or act in an official capacity on behalf of a government, employees of companies owned or controlled by governments, civil servants, administrative and judicial officers, political candidates and members of the military); and (iii) family members and close personal friends of any of the foregoing, even if they are not otherwise associated with a government or public office.
Third Party(ies): includes all joint venture partners, agents, contractors, distributors, consultants, vendors, individuals and any other third party representatives retained in connection with the operations of the organization.
4. Policy
ITfC is committed to operating in an ethical manner and in compliance with applicable anti-bribery laws and regulations in the jurisdictions in which it operates. ITfC prohibits the direct or indirect giving or receiving of improper payments or other benefits for purposes of obtaining any advantage. More specifically, members of ITfC may not directly or indirectly:
(a) Make a promise, approve, authorize, or offer to give to anyone anything of value (including but not limited to cash payments) for the purpose of improperly inducing the recipient to take (or to refrain from taking) action that would bestow a benefit on ITfC or any other party; or
(b) Receive or accept anything of value (including but not limited to cash payments), if such item of value is intended to induce or reward improper performance of one’s responsibilities or duties or to gain an improper advantage.
(c) Take any actions for the purpose of evading the requirements of this Policy. For example, a person should not use a Third Party to do anything that is forbidden by this Policy.
Applicable anti-bribery laws are interpreted broadly to include not only government personnel but also employees of state-owned entities (e.g., universities, hospitals, and media outlets) and public international organizations (e.g., the United Nations, World Bank Group, and the International Committee of the Red Cross). Various federal and state laws also prohibit bribery of government public officials as well as commercial bribery in the private sector. Some jurisdictions prohibit gifts of any kind to Public Officials.
5. Procedure
5.1 Public Officials. Bribery of Public Officials is against the law in many countries and can result in criminal penalties for the individuals involved as well as for ITfC.
A Gift/Favor to or from a Public Official is permissible only when it meets all of the following criteria;
(a) It does not include cash or a cash-equivalent (e.g., gift certificates, vouchers, or other items that can be readily exchanged for cash);
(b) It is not intended to improperly influence or reward any person regarding any matter or transaction involving ITfC or another party;
(c) It is unsolicited, given infrequently, and given openly, not secretly;
(d) It does not breach any other law or ITfC policy;
(e) It is given or received in ITfC’s name and not in the name of the individual member of the ITfC staff;
(f) It is of an appropriate type and value, given at an appropriate time, taking into account the motive, local custom and laws, and the rules of the employer of the Third Party making or receiving the Gift/Favor; and
(g) It has a value of less than US $50.
5.2 Persons Other than Public Officials. A Gift/Favor that is not directly or indirectly provided to or received from a Public Official and that meets all of the following criteria is generally permitted:
(a) It does not include cash or a cash-equivalent (e.g., gift certificates, vouchers, or other items that can be readily exchanged for cash);
(b) It is not intended to improperly influence or reward any person regarding any matter or transaction involving ITfC or another party;
(c) It is unsolicited, given infrequently, and given openly, not secretly;
(d) It does not breach any other law or ITfC policy;
(e) It is given or received in ITfC’s name and not in the name of the individual member of the ITfC staff; and
(f) It is of an appropriate type and value, given at an appropriate time, taking into account the motive, local custom and laws, and the rules of the employer of the Third Party making or receiving the Gift/Favor.
If there are questions about whether a Gift/Favor meets all of the above criteria, an employee may consult his/her manager or superior.
The principal guide in providing or receiving Gifts/Favors is a rule of reasonableness. These practices vary among cultures and what may be normal or acceptable in one culture may not be normal or acceptable in another Employees should always consider whether a Gift/Favor is reasonable and justifiable, taking into account all relevant circumstances, including the intentions of the parties and whether they or their colleagues would be comfortable seeing the Gift/Favor reported publicly.
5.3 Facilitating Payments. Facilitating payments are not permissible under this Policy other than as specified below. A facilitating payment is a payment made to a Public Official to further routine governmental action (e.g., processing visas, clearing customs, providing police protection, or providing mail services) that is of a non-discretionary nature (i.e., that the official is already bound to perform). A legally-mandated administrative fee for expediting government services is not a prohibited facilitating payment (in such cases, a proper receipt should be retained).
5.4 Accounting and Records. Compliance with the accounting and internal control procedures of ITfC is mandatory to ensure all accounting records, payments by or on behalf of ITfC, expenditures, expense reports, invoices, vouchers, Gifts, and any other business expenses are accurately and reliably reported and recorded. False or misleading entries or invoices are prohibited. In addition to being required and governed by applicable accounting standards, maintaining accurate books and records and adequate internal accounting controls is required under many anti-bribery laws and is an international best practice for preventing improper behavior.
5.5 Reporting. Employees of ITfC should report immediately any suspected or actual violations of this Policy or anti-bribery laws. Any employee who reports suspected violations of this policy in good faith will be protected by IT for Change’s Whistleblower Policy and Procedure.
5.6 Consequences of Violation. Any employee of ITfC who violates this Policy may be subject to disciplinary action, up to and including dismissal or expulsion, as applicable. Third Parties who violate this Policy are subject to termination of all relationships with ITfC. Violations of this Policy may also result in civil and criminal penalties for such individuals in multiple jurisdictions.