Statement of Principle We adopt a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our global operations. We are committed to implementing and enforcing effective systems to counter bribery.
There are real risks for the charity if it is associated with bribery. The potential damage to reputation may be severe and could result in the loss of confidence and support from donors and the wider public. The UK Bribery Act 2010 also outlines penalties, including imprisonment and unlimited fines, for any breach of its provisions. Bribery, as defined by the Charity Commission (Compliance Toolkit: Fraud & Financial Crime, June 2012), means offering, promising or giving someone a financial or other advantages to encourage them to perform their functions or activities improperly and includes where it is known or believed that the acceptance of the advantage in itself constitutes improper performance. It also means asking for or agreeing to accept a bribe. The Bribery Act creates four criminal offences Bribing another person Accepting a bribe Bribing a foreign official Failing to prevent bribery (For a commercial organisation) Bribery is more deeply embedded in some areas of the world, and it is important that we recognise the greater risk in these areas and do not lower our standards to conform to prevailing custom or local standards. We will refer to studies, such as Transparency International’s Corruption Perception Index, to assess the likely risk in the different countries in which we operate. Denmark with a score of 90 ranks as the least corrupt and Somalia, North Korea and Afghanistan with a score of 8 ranked as the most corrupt in 2012. Uganda ranked 130 with a score of 29 and India ranked 94 with a score of 36, indicating a serious corruption problem.
Facilitation payments, for example, to government employees to speed up service, are bribes and as such are unacceptable and illegal. These payments should be resisted unless there are exceptional circumstances in which personal security and duress mean individuals are left with no alternative but to make payment. Clear documentation will be required for any payments made. The Ministry of Justice sets out six principles to inform an organisation’s anti-bribery policies which we will apply.
Proportionate Procedures: An organisation’s procedures to prevent bribery by persons associated with it are proportionate to the bribery risk it faces and to the nature, scale and complexity of its activities. Top Level Commitment: The trustees and senior managers are committed to preventing bribery and fostering a culture in which bribery is never acceptable Risk Assessment: The organisation assesses the nature and extent of the risks of bribery on its behalf by persons associated with it. The assessment is periodic, informed and documented. Due Diligence: The organisation applies due diligence, taking a proportionate and risk-based approach, in respect of persons who perform services for or on behalf of the organisation to mitigate identified bribery risks. Communication: Bribery prevention policies are embedded and understood throughout the organisation through internal and external communication. Monitoring and Review: The organisation monitors and reviews procedures designed to prevent bribery and makes improvements where necessary.
Our board of trustees has overall responsibility for ensuring this policy complies with our legal and ethical obligations; is appropriate for the risks we face; and that all those under our control comply with it. The trustees will regularly monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. This policy applies to everyone associated with Born to be Beautiful whether as employees, trustees, interns, or otherwise, and includes all agents, partners or other third party acting or performing services on our behalf. Partners & Third Parties Where we operate with a partner we will ensure that the organisation’s aims and values are compatible with the charity. In particular, we will perform reasonable due diligence and reference checks on new partners; we will conduct a review proportionate to the circumstances of the manner in which a partner intends to act with us or on our behalf and to the country in which the business partner is located or does business; and we will confirm their understanding of applicable anti-bribery and corruption legislation. We will communicate our zero-tolerance approach to bribery and corruption to all third parties acting or performing services on our behalf at the outset of the relationship, and as appropriate thereafter. Employees and trustees of the charity are personally responsible for compliance with this policy. The responsibility includes the prevention, detection and reporting of bribery and other forms of corruption. They must also avoid any activity that might lead to, or suggest, a breach of this policy. Born to be Beautiful will provide appropriate education and training on the policy. We will confirm on an annual basis that all individuals covered by the policy are aware of the latest version of this document and, where appropriate, obtain explicit confirmation from such individuals that they acknowledge and understand the responsibilities it places on them. The charity aims to encourage openness and will support anyone who raises concerns in good faith under this policy, even if the concerns turn out to be mistaken. Good faith does not mean that an individual has to be right, but it does mean that the individual believes the information provided is truthful. Gifts and Hospitality We will keep financial records and have appropriate internal controls in place which will demonstrate the justification for the hospitality and gifts, outside direct donations, we may receive. Born to be Beautiful will authorise only reasonable, appropriate and proportionate hospitality, gifts and entertainment expenditures.