Anti Bribery & Corruption Policy

1. Introduction

The Subtech Group values its reputation and is committed to maintaining the highest level of ethical standards in the conduct of its business affairs. The actions and conduct of the Subtech personnel as well as others acting on Subtech’s behalf are key to maintaining these standards.

The purpose of this document is to set out Subtech policy in relation to bribery and corruption.


2. Scope

The policy applies strictly to all employees, directors, agents, consultants, contractors and to any other people or bodies associated with The Subtech Group, within all regions, areas and functions.


3. Understanding and Recognising Bribery and Corruption

Acts of bribery or corruption are designed to influence an individual in the performance of their duty and incline them to act in a way that a reasonable person would consider to be dishonest in the circumstances.

Bribery can be defined as offering, promising or giving a financial (or other) advantage to another person with the intention of inducing or rewarding that person to act or for having acted in a way which a reasonable person would consider improper in the circumstances. Corruption is any form of abuse of entrusted power for private gain and may include, but is not limited to, bribery.

Bribes are not always a matter of handing over cash. Gifts, hospitality and entertainment can be bribes if they are intended to influence a decision.


4. Subtech’s Policy

The Subtech Group will not tolerate bribery or corruption in any form.

Subtech prohibits the offering, giving, solicitation or the acceptance of any bribe or corrupt inducement, whether in cash or in any other form:

  • To or from any person or company wherever located, whether a public official or public body, or a private person or company
  • By any individual employee, director, agent, consultant, contractor or other person or body acting on Subtech’s behalf
  • In order to gain any commercial, contractual, or regulatory advantage for Subtech in any way which is unethical or to gain any personal advantage, pecuniary or otherwise, for the individual or anyone connected with the individual

 This policy is not intended to prohibit the following practices provided they are appropriate, proportionate and are properly recorded:

  • Normal hospitality, provided that it complies with Subtech’s Gifts and Hospitality policy and Entertainment Policy
  • Fast tracking a process which is available to all on the payment of a fee
  • Providing resources to assist a person or body to make a decision more efficiently, provided that it is for this purpose only

It may not always be a simple matter to determine whether a possible course of action is appropriate. If you are in any doubt as to whether a possible act might be in breach of this policy or the law, the matter should be referred to your Division or Department Head.

If necessary, guidance should also be sought from the Group SHEQ Compliance Manager.

Subtech will investigate thoroughly any actual or suspected breach of this policy, or the spirit of this policy.

Employees found to be in breach of this policy may be subject to disciplinary action which may ultimately result in their dismissal.


5. Key Risk Areas

Bribery can be a risk in many areas of Subtech. Below are the key areas you should be aware of in particular:

Excessive Gifts, Entertainment and Hospitality

Can be used to exert improper influence on decision makers. Gifts, entertainment and hospitality are acceptable provided they fall within Subtech Gift and Hospitality Policy.

Facilitation Payments

Are used by businesses or individuals to secure or expedite the performance of a routine or necessary action to which the payer has an entitlement as of right. Subtech will not tolerate or excuse such payments being made.

Reciprocal Agreements

Or any other form of ‘quid pro quo’ are never acceptable unless they are legitimate business arrangements which are properly documented and approved by management. Improper payments to obtain new business, retain existing business or secure any improper advantage should never be accepted or made.

Actions by third parties for which Subtech may be held responsible

Can include a range of people i.e. agents, contractors and consultants, acting on Subtech’s behalf. Appropriate due diligence should be undertaken before a third party is engaged. Third parties should only be engaged where there is a clear business rationale for doing so, with an appropriate contract. Any payments to third parties should be properly authorised and recorded.

Record Keeping

Can be exploited to conceal bribes or corrupt practices. We must ensure that we have robust controls in place so that our records are accurate and transparent.


6. Employee Responsibility and How To Raise A Concern

The prevention, detection and reporting of bribery or corruption is the responsibility of all employees throughout Subtech. If you become aware or suspect that an activity or conduct which is proposed or has taken place is a bribe or corrupt, then you have a duty to report this.

Any such incidents should be reported in accordance Subtech’s whistle blowing policy or to the Group SHEQ Compliance Manager.


7. Gifts and Hospitality

Gifts and entertainment should never influence an employee’s business decision or cause others to perceive an influence

The Subtech Group permits normal and appropriate corporate entertainment, gifts, hospitality and promotional expenditure, given and received, to or from third parties that is undertaken:

For the purpose of establishing and maintaining good business relationships

To improve the image and reputation of the Group

To present the Group’s goods/services effectively

Provided that it is:

  • In good faith.
  • Not offered, promised or accepted to secure an advantage for the Group or any of its employees or associated persons or to influence the impartiality of the recipient.

Offering and receiving gifts can be lawful and considered legitimate to strengthen client relationships. However, within the Subtech Group, employees are not allowed to provide or receive gifts or corporate hospitality:

  • In the form of cash or cash equivalents
  • With a value over R750 (or the equivalent in any other currency) or if a total value of smaller gifts received from/given to the same person in a six month period exceeds R750 (or the equivalent in any other currency), unless with prior approval of the group Chief Executive Officer

The exchange of normal and bona fide social amenities such as business lunches, dinners, infrequent social, sport or entertainment events, when reasonably related to a clear business purpose and within the bounds of good taste and what is customary, does not require prior approval, provided that the host is present.

Employees are prohibited to accept a loan or remuneration in any form (including commissions, refunds or gratuities) which arise out of the rendering of services by third parties to the Subtech Group or arise out of the rendering of services by the Subtech Group to its clients.

The test to be applied is whether in all the circumstances, the gift, entertainment or hospitality is reasonable and justifiable. We expect the intention behind the gift to always be considered.


8. References

James Fisher and Sons Plc – Anti bribery and Corruption Policy – February 2018

PRO – HUM – 046 – Whistle Blowing Policy

United Kingdom – Bribery Act 2010

South Africa – Prevention and Combating of Corrupt Activities Act 12 of 2004