For the purposes of this policy, all companies within the Destiny Inc. structure are referred to as ‘Destiny’ or the ‘Company’. This policy (the ‘Policy’) should be read in conjunction with the Gifts and Entertainment Policy and the Whistleblowing Policy which can be found in the policies section of Destiny Inc.
Statement of policy on anti-bribery and anti-corruption compliance
Destiny Incorporated requires its employees and workers to act honestly and with integrity at all times and to safeguard the resources for which they are responsible. In this context Destiny is committed to ensuring that opportunities for corruption and bribery are eradicated. These principles are based on the commitment of the Board of Directors of Destiny Inc. to fundamental values of integrity, transparency and accountability. Destiny aims to create and maintain a trust-based and inclusive internal culture in which there is zero tolerance for bribery and corruption including facilitation payments.
This document sets out Destiny’ policy for the control of actual and suspected corruption and bribery within Destiny, and the processes to be followed in the event of actual or suspected instances of corruption or bribery being discovered.
Destiny will re-examine its links with any third parties it has reasonable grounds to suspect are
involved in bribery or corruption. It will not hesitate to take appropriate legal and/or disciplinary action against employees and third parties who breach the Company’s anti-bribery and anti-corruption program, including this policy.
You are required to read this policy carefully and to ensure that you, your staff and any third parties you have appointed, comply with it at all times. If you are ever found to have infringed this policy you will be subject to disciplinary measures, which may include dismissal.
1. Background
1.1. Bribery and corruption are criminal offences in every country in which Destiny operates. Anti-bribery and anti-corruption laws have a significant impact on our operations globally. In particular, laws including United Nations Convention against Corruption (UNCAC), Asian Development Bank (ADB), Organization for Economic Co-operation and Development (OECD), The Financial Action Task Force (FATF), The Asia/Pacific Group on Money Laundering (APG), Bribery Act (UK) and Foreign Corrupt Practices Act (USA) influence how Destiny must behave, including when interacting with third parties, anywhere in the world.
2. Scope of the Anti-bribery & Anti-corruption Policy (the ‘Policy’)
2.1. This Policy applies to all Employees and Third Parties (as defined in section 5 below) regardless of geographical location and provides the minimum standard of behavior expected from them.
2.2. On the basis that this Policy is based global (as define in section 1.1) anti-corruption laws, it provides a very high standard of compliance and is therefore likely to meet most local standards. Nevertheless, we recommend that Employees familiarize themselves with the applicable anti-corruption laws in each jurisdiction in which they conduct business on behalf of Company.
3. Consequences of breach
3.1. Legal penalties for bribery and corruption are severe, and may include imprisonment for individuals involved. For example, UK law allows for 7 to 10 years’ imprisonment or an unlimited fine. In addition, Company could face severe fines or other criminal penalties for bribery and corrupt activity by Employees and Third Parties.
3.2. Destiny will investigate fully any activity contravening this Policy and, where applicable, take disciplinary action up to and including termination of employment.
4. Key principles
4.1. You must not:
- Offer, promise or give a ‘thing of value’ (as explained in section 4.4 below) to any person (either directly or indirectly);
- Intending to induce or reward any person to perform improperly a function or activity that he/she is expected to perform in good faith, impartially or from a position trust (e.g. the award of a contract or an order).
4.2. You must not:
- Offer, promise, give or receive a thing of value to a Public Official (either directly or indirectly);
- Intending to obtain business (e.g. a contract) or an advantage in the conduct of business (e.g. a license, permit or approval).
4.3.You must not:
- Request, agree to receive or accept a thing of value (directly or indirectly);
- As a reward for, or in anticipation of, you or any other person performing improperly a function or activity that is expected to be performed in good faith, impartially, or from a position of trust.
4.4. Things of value can include cash payments, gift vouchers, lavish gifts, improper political or charitable contributions, tickets to entertainment events, employment of relatives, the provision of services free of charge or anything else of substantive value.
4.5. The indirect offering, promising or giving of a thing of value would be, for example, through a relative or close associate of the person in question.
4.6. The activities and functions that are expected to be performed in good faith, impartially or from a position of trust are very broad and include most matters that are: connected with a business; which occur in the course of a person's employment; or are of a public nature.
4.7. Specific examples include: the award of a contract or order; offers of employment; the grant of a permit or license; and the provision of public services.
Definitions
| Employees | Means employees of Destiny and all workers performing duties on behalf of Destiny, whether or not employed directly by Destiny. |
| Facilitation | Means payments of small amounts to Public Officials in order to secure or expedite a routine Payments governmental action to which you are otherwise lawfully entitled (e.g. processing a visa, secure delivery of goods). Sometimes also known as "grease" payments. |
| Public Officials |
a) are defined as public officials in the national law of a state; b) hold a legislative, administrative or judicial position of any kind whether appointed or elected; c) exercise a public function; or d) are officials or agents of a public international organization. This includes employees and officers of state-owned companies. |
| Third Parties | Means agents, brokers, partners, distributors, consultants, suppliers, contractors, service providers, joint venture partners and any other individuals or entities providing services for or acting on behalf of Destiny. |
General requirements
6.1. Destiny is committed to complying with applicable anti-bribery and anti-corruption laws in all countries in which Destiny conducts business.
6.2. Destiny, its Employees and Third Parties (regardless of jurisdiction) must not be involved in any activities which constitute or could be perceived as bribery. Any offer to bribe another person will constitute an improper act, regardless of whether the offer is accepted, or the intended result is obtained.
6.3. Destiny (acting through its Employees and/or Third Parties) will accurately record all business transactions in its books and records.
6.4. Destiny will not tolerate its Employees or Third Parties being involved in bribery or corruption. All reported incidents of actual or suspected corruption or bribery will be promptly and thoroughly investigated and dealt with appropriately (including applicable disciplinary action).
6.5. Employees and Third Parties are required to draw attention to circumstances where they believe that there is, may be, has been, or might have been improper behavior by other Employees or Third Parties in accordance with this Policy and the Whistleblowing. All matters will be dealt with in confidence and in strict accordance with the terms of applicable legislation intended to protect the legitimate personal interests of Employees.
6.6. Destiny, its Employees and Third Parties must use extra caution when engaging with Public Officials, including when considering making gifts, or providing hospitality, to Public Officials. See the Gifts and Entertainment Policy for more information.