Anti-bribery Policy & Procedure

Objective: The Financial Conduct Authority places a responsibility on all regulated firms to make sure that their firm cannot be used to further financial crime including bribery that is also subject to the Bribery Act 2010. Pacifica Group is committed to abiding by the Principles for Business laid down by the Financial Conduct Authority and to doing business ethically, with the highest standards of integrity, and expects its employees, self-employed “advisers” or “consultants” and business partners to work to these standards.

This policy sets out our responsibilities as a firm in relation to Bribery.

Scope:

All staff, third party suppliers, advisers, consultants.

Procedure:

The Bribery Act 2010, which came into force on 1st July 2011, sets out the circumstances in which individuals may commit an offence of bribery. Generally, these are:

  • Offering a bribe
  • Promising to pay a bribe
  • Giving a bribe
  • Asking for a bribe
  • Agreeing to receive a bribe
  • Receiving a bribe

In each of these cases a bribe is a payment (or other advantage) given to a person with the intention that they will act in an improper way. For example, to encourage someone to award a contract to one firm over another or to overlook matters such as poor credit history when giving advice.

It is also an offence to give, offer, promise, ask for, agree to receive or receive a payment as a reward for improper acts that have already happened. It doesn’t even matter if the person who carried out the improper act understood that it was improper at the time.

Finally, it would also be an offence to act in an improper way if you thought you might receive anything, even if it hasn’t been offered, and you haven’t asked.

We have a zero-tolerance approach to Bribery. If you are offered any kind of gift or payment you must report this to the director of our firm or senior compliance officer. Any gift, payment or hospitality valued at over £50 should be recorded in our “FCAF038 - Gift & Hospitality Register” (£50 has been discussed and agreed by the firm and its advisers as being a reasonable maximum value to accept without being constituted as an influencing factor. If in individual circumstances you consider that a gift of lower value might not be proper then you should report this and seek further advice from our compliance officer).

Often such gifts may be intended innocently, for example, relationship building, corporate away days, or a thank you from a third party where you were genuinely doing your job. It is essential, however innocent you think they are, to follow this policy to make it clear that you accepted the gift or payment in good faith.

Assessing Bribery Risk

A bribery risk assessment is appended to this policy to ensure our firm has identified all associated risks and implemented the necessary measures.

Reporting Bribery

If you are offered a gift, hospitality, or any other kind of advantage that you think may be intended to influence you, or you suspect that another person may be engaged in any kind of bribery, you must report this immediately.

To report a suspicion of bribery please put together all the information that you have and send it to the director.

If you are concerned about any repercussions of making a report then you should refer to our firm’s “FCAP019 - Whistleblowing Policy”.

All notifications made will be handled with strict confidentiality. However, please note that there may be circumstances in which we are required to reveal an individual’s identity, for example where we are compelled to do so by law and therefore anonymity cannot be guaranteed.

All notifications relating to other employees within the Firm will be handled in line with the Public Interest Disclosure Act 1998.

Subsequent Investigation

Our firm is committed to supporting regulators and law enforcement officers in the prevention of bribery and other financial crime.

All employees are expected to cooperate fully with any investigations; however, employees must also recognise that laws and procedures may apply to the disclosure of information and should, therefore, contact the Director before disclosing information about customers or employees when contacted directly by law enforcement officers.

Failure to notify an appropriate person about criminal actions of which you are aware, in breach of this policy, may be considered to be a contractual breach leading to disciplinary actions.

Training on Anti-Bribery

In order to communicate anti-bribery at all levels, all staff and senior management have access to an e-learning training course for anti-bribery which provides further guidance and informs them of the standard behaviour that is required and the offences that would apply to unacceptable practices. A quiz is also available to evidence understanding in this area and the results are added to our internal training logs.

Reporting and Monitoring

Anti-Bribery is recorded as an activity on our Compliance Monitoring Plan.

Annual Review

Our firm will ensure that at a minimum, an annual review of bribery will take place.

  • Last Reviewed:  23rd June 2018
  • Next Review Date:  23rd June 2019

GDPR

Pacifica Group is committed to protecting Personal Data as part of our arrangements within our Information Security Management System (ISMS). Pacifica Group is Registered with the Information Commissioners Office (ICO) and fully complies with the General Data Protection Regulations (GDPR) which became effective from 25th May 2018. All companies in the Group share the same Policies relating to General Data Protection Regulations (GDPR). More information on what we do with personal data is detailed on our website within our Privacy Notice. Pacifica Group processes all data administered under this Policy in line with company GDPR Policies and ISMS.

Bribery Risk Assessment Question Risk Rating

Does the organisation operate mostly in the UK? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Does the organisation operate mostly in the UK, Europe, and US? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Does the country in which the organisation operates or will operate have perceived high levels of corruption? If yes, risk rating is high, if no risk rating is low. Refer to Transparency International website for objective and detailed assessments.

No (Low)

Has the organisation recently acquired or merged with any organisations in countries with perceived high levels of corruption? If yes, risk rating is high, if no risk rating is low. Refer to Transparency International website for objective and detailed assessments.

No (Low)

Does the country in which activity is taking place or is proposed have effectively implemented anti-bribery legislation? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Does the country in which activity is taking place or is proposed have effective procurement and investment policies by the local government and agencies? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Does the transaction involve charitable donations? If yes, risk rating is high, if no risk rating is low

No (Low)

Does the transaction involve political donations? If yes, risk rating is high, if no risk rating is low

No (Low)

Does the transaction involve licences, permits and transactions relating to public procurement which brings employees and others into frequent contact with public officials? If yes, risk rating is high, if no risk rating is low

No (Low)

Is there a robust and clear anti-bribery policy in place within the organisation? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Has the organisation’s anti-bribery policy been communicated at all levels? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Is there a board member or senior manager appointed to take responsibility for all anti-bribery measures within the organisation? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Are there robust internal financial controls in place to monitor all payments and transactions? If yes, risk rating is low, if no risk rating is high

Yes (Low)

Are there clear policies in place in relation to hospitality, entertainment, promotional expenditure and expenses? If yes, risk rating is low, if no risk rating is high

Yes (Low)


Insert details of High Risk Findings Insert controls to mitigate the risks

No High-Risk Findings

Not applicable