Applicability and Purpose
This Anti-bribery and Anti-corruption Policy apply to all individuals working at all levels and grades, including directors, senior executives, managers, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, interns, or any other person associated with PCL. It also covers potential clients, suppliers, business contacts, consultants, intermediaries, representatives, subcontractors, agents, advisers. Any breach of this policy will be regarded as a serious matter by the Company of which is likely to result in disciplinary action.This Policy reflects the business practices and principles of behavior that support this commitment to a zero-tolerance approach to acts of Bribery, fraud, Human trafficking or any other forms of corruption,
Company Personnel must conduct their activities in connection with Company business in full compliance with this Policy and the Anti-Corruption Laws. The Company does not pay and does not condone paying Bribes or engaging in Corruption. Company Personnel are prohibited from giving or offering, directly or indirectly, bribes, kickbacks, or Anything of Value as a Bribe to any Government Official or to any commercial party or other agent, consultant, customer, or vendor for obtaining improper performance in favor of the Company, in order to corruptly:
(a) influence official acts or decisions of that person or entity; (b) obtain or retain business or a business advantage for, or direct business to the Company; and/or (c) secure any improper advantage.
“Anything of Value” should be broadly interpreted to include cash, gifts to family members, forgiveness of a debt, loans, personal favors, sexual favors, rebates, kickbacks, inside information, entertainment, meals and travel, political, social and charitable contributions, business/employment opportunities and medical care, among other items. Items of value that are given in compliance with the requirements of this Policy and Anti-Corruption Laws, and which are not given with the intent to secure any undue or improper advantage, will not be considered Bribes. Similarly, the Company does not accept or condone the acceptance of receipt of Bribes. Company Personnel are prohibited from accepting or receiving Bribes, kickbacks, or Anything of Value Bribes in connection with Company business; from any person or entity which is intended to or may be perceived as being intended to corruptly:
(a) influence one’s official acts or decisions; (b) obtain or retain business or a business advantage for, or direct business to, the offeror of the Bribe and/or any entity that he/she represents; and/ or (c) secure any improper advantage for the offeror of the Bribe and/or any entity that he/she represents.
Company Personnel are also prohibited from providing or receiving gifts, meals, entertainment or anything of value to any person or entity in connection with Company business which would amount to a violation of this Policy unless it is provided or received in accordance with this Policy and any other applicable Company policies.
The Policy also prohibits Company Personnel from taking action, either directly or indirectly, in furtherance of paying Bribes or engaging in Corruption such as approving or authorizing payment of Bribes, wilfully creating or accepting invoices knowing them to be false, relaying instructions to pay or accept bribes or kickbacks, covering up Bribery payments, knowingly cooperating in the payment or accepting a Bribe or turning a blind eye/wilfully ignoring a payment knowing it to be a Bribe.
1. Gifts, Meals, Entertainment, Travel, and Employment
This Policy sets forth various rules relating to gifts, entertainment, meals, travel lodging, and employment. All such expenditures must be recorded accurately in the books and records of the Company, and the concerned Company Personnel of the Accounts department may be responsible for the maintenance of such records.
(a) Gifts, Entertainment and Hospitality
The Company acknowledges that the giving and receiving of small gifts, meals and entertainment (including providing reasonable gifts or sweets on festive or social occasions or as per local custom or business practice, or as a token of esteem or courtesy) is a common business practice and is intended to strengthen and build long term business relationships. For the avoidance of doubt, this Policy is not intended to prohibit legitimate gifts, hospitality, and entertainment for legitimate business purposes. However, before a benefit (whether given or received) can be considered proper and legitimate under this Policy, certain criteria must be met. The benefit in question must:
i. be bona fide, and not to obtain improper performance or undue advantage for the Company; ii. be moderate and reasonable; iii. be such so as not to embarrass the Company; iv. be legal under the applicable laws; v. be provided in accordance with this Policy, applicable laws, and the other policies of the Company, if applicable; vi.be supported by original receipts/vouchers; vii. be fully and accurately recorded in the Company’s accounts; and viii. ISMS Policy Manual
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Note that Company Personnel may never provide cash or its equivalent. When possible, business entertainment payments should be made directly by the Company to the provider of the service and should not be paid directly to a Government Official or other party as a reimbursement. All gifts and entertainment expenses, regardless of amount or attendees, should be properly documented in an expense report. Such expense report shall enumerate the date, nature and amount, name of attendee(s) and place of employment, and in the case of entertainment or hospitality, the related business purpose.
The following provides some specific examples as to the Company’s policy on the giving and receiving of gifts, entertainment and expenses. However, it should be noted that these are simply examples – you should approach the concerned Company Personnel of the Accounts department for clarifications and queries if any.
ix. Promotional Gifts
Promotional gifts that bear the Company logo may be given as gifts, provided they are reasonable in value and given openly and transparently and otherwise in accordance with the Policy.
x. Moderate Meals
Meals are only considered to be acceptable if they are reasonable, moderate, and for a legitimate business purpose, do not carry business obligations or cause embarrassment to the Company.
xi. Hosting Travel
On occasion, the Company may receive requests to host travel for the employees of customers or potential customers (who may or may not be Government Officials). Hosting refers to a situation where the Company pays for all or part of the travel expenses of such a party.
Such travel expenditures pose a risk of violating the Anti-Corruption Laws, as they may be perceived as a sight-seeing trip. It is, therefore, the Company’s policy to discourage these types of hosting and to limit them to only those situations where explicitly required and falling within the parameters of the Policy.
Reasonable and bona fide travel expenditures paid on behalf of Government Officials may be permissible in certain circumstances. Permissible payments may cover the costs of travel for an official to visit the Company’s offices and discuss the Company’s qualifications for projects within the official’s responsibility or travel in connection with a project status review. Travel expenses shall not be extravagant or lavish and may include (1) airfare; (2) lodging cost; and (3) ground transportation costs during the trip.
Payment of cash per diems, expenses unrelated to legitimate business activities, and expenses that benefit a friend or family member of a Government Official are prohibited. Direct reimbursements should also be avoided. Rather, reimbursements should be made to the company or government entity that employs the expense recipient.
On occasion, Government Officials or the Company’s business partners may request that the Company provide internships or employment to certain individuals. Offering internships or employment to Government Officials or the Company’s business partners may be viewed as providing Anything of Value. If a candidate is interviewed for an internship or employment within the ordinary course of filling a position, the Company’s the concerned Company Personnel of the Accounts department must be notified of the candidate’s relationship to a Government Official or the Company’s business partner. If a candidate related to a Government Official or the Company’s business partner is interviewed outside of the ordinary course of filling a position, any internship or employment offer must be pre-approved by the Management.
2. Charitable, Political, and Social Contributions
This Policy sets forth various rules relating to charitable, social, and political contributions. All such expenditures must be recorded accurately in the books and records of the Company, in accordance with Section 11 below, and the concerned Company Personnel of the Accounts department shall be responsible for the maintenance of such records.
(a) Social Contribution Payments
Certain agreements and laws may require the Company to make payments to assist with the development of a place or as part of corporate social responsibility. These payments may be charitable donations, training obligations, or social contribution payments. The Company may also wish to make development-related payments outside of a contractual obligation. Whether within or outside of a contract, these types of payments must be reviewed for compliance with Anti-Corruption Laws, and approval of any such payment must be obtained either from the management.
(b) Donation to Charities
The Company believes in contributing to the communities in which it does business and permits reasonable donations to charities. However, the Company needs to be certain that donations to charities are not disguised illegal payments to Government Officials or other persons in violation of Anti-Corruption laws. The Company also needs to ensure that the charity does not act as a conduit to fund illegal activities in violation of anti-money laundering laws or anti-terrorism laws
In certain instances where there is heightened risk of corruption (i.e., in the case of charitable contributions connected to any Government Official or government entity), the concerned Company Personnel of the Accounts Department may require diligence to be conducted before a contribution may be approved.
(c) Political Contributions
It is the Company’s policy that under no circumstances shall Company funds be used to make political contributions to political parties or candidates in any country that are intended to secure an unfair or improper business advantage for the Company. Any political contributions by the Company must be permitted under the law and made with the prior approval of the management. The concerned Company Personnel of the Accounts Department also must be notified if a Government Official solicits a political or charitable contribution in connection with any government action related to the Company.
3. Facilitation Payments and Kickbacks
Company Personnel shall not make and shall not accept facilitation payments or “kickbacks” of any kind. Such “Facilitation Payments” are small, unofficial payments (also known as “grease payments”), made to secure or expedite a routine government action by a Government Official. “Kickbacks” are typically payments made to commercial organizations in return for a business favour/advantage, e.g. a payment made to secure the award of a contract. Company Personnel must avoid any activity that might lead to or suggest that a Facilitation Payment or Kickback will be made or accepted by the Company.
The only limited exception to this clause is in circumstances where Company Personnel or Third Parties are in immediate danger and are left with no alternative but to make payments In such circumstances, the Company Personnel may make the payment and immediately contact the reporting head of department as soon as possible after the event, in order to ensure that the incident can be properly recorded, reviewed and accounted for with the authorities.
4. Anti-Corruption Training
As part of the Company’s ongoing commitment to anti-corruption compliance, all employees must review the copy of this Policy, available on the Company’s intranet, and which Policy will be binding as a condition of employment. Key employees must also annually certify in writing that they (1) have reviewed the Policy; (2) agree to abide by the Policy; and (3) agree to report any potential violations of the Policy.
The Company requires regular anti-corruption compliance training programs, at least annually, to educate key employees about the requirements and obligations of anti-corruption laws and this Policy. All key employees of the Company must participate in such training. The training may be conducted online or in-person and may be administered by the Company’s Human Resources Department.
justification will be viewed as a breach of this Policy by the Company Personnel and could result in suspension and/or termination of employment and/or representation of the Company.
The Company’s HR Department must maintain training materials and attendance records.
5. Record Keeping
(a) Record-Keeping, Accounting & Payment Practices
Company Personnel must follow all applicable standards, principles, laws, regulations, and Company practices for accounting and financial reporting. In particular, Company Personnel must be timely, complete, and accurate when preparing all required reports and records.
All Company Personnel must obtain all required approvals in accordance with this Policy before providing any gift, entertainment, or travel which is covered under this Policy. Prior to paying or authorizing a payment, Company Personnel should ensure that no part of such payment is to be made for any purpose other than is fully and accurately described in the books and records of the company.
All gifts, entertainment, or travel provided to a Government Official must be reported to the reporting head of department in writing and must be recorded, as per the records available with the company and requirements of this Policy. No undisclosed or unrecorded accounts of the Company are to be established for any purpose, and false or artificial entries are not to be made in the books and records of the Company for any reason whatsoever. Personal funds must not be used to accomplish what is otherwise prohibited by this Policy or any of the Company’s other policies.
The Company requires maintenance of accounting records for all employee reimbursements, travel expenses, and gift expenses, including supporting documentation and required internal approvals, in accordance with the provisions of this policy. It also requires maintenance of a register of all gift and hospitality expenses incurred by the Company on behalf of Government Officials, as well as maintenance of records of all charitable, political, or social contribution payments and donations made by the Company, in accordance with this Policy. The concerned Company Personnel of the Accounts Department shall be responsible for the maintenance of such records.
6. Contact Persons
If you have any questions about this Policy, any of the Anti-Corruption Laws or to seek advice prior to undertaking a particular act or action, you can contact the reporting head of department.
Failure by any Company Personnel to comply with this Policy or any Company policy may subject the Company Personnel to disciplinary action up to and including termination. RACI Chart Activities Employee HOD CEO ISCC CISO
ANNEX 1-A: FORM OF KEY EMPLOYEE ANTI-CORRUPTION POLICY CERTIFICATION
This is to acknowledge that I have received, read and fully understood the Company’s Anti-Corruption Compliance Policy (the “Policy”). I agree to comply with all the rules contained therein. I agree to report any potential violations of this policy to the reporting head of the department. I understand that failure to comply with the Policy may result in consequences both as an employee and under applicable law. Should I have any questions regarding the Policy or find any deviations or violations, I will contact the reporting head of the department.