1.1. This Anti-bribery and Anti-corruption Policy defines the responsibilities of the Africa Foundation employees and Board members with regard to observing and upholding the Africa Foundation zero-tolerance position on bribery and corruption.
1.2. It also exists to act as a source of information and guidance for those working for the Africa Foundation, helping them recognise and deal with bribery and corruption issues, as well as understanding their responsibilities in this regard.
2. Policy Statement
2.1. is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure bribery is prevented.
2.2. has zero-tolerance for bribery and corrupt activities, and is committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever it operates.
2.3. will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate..
3. Policy Scope
3.1. This anti-bribery policy applies to all Africa Foundation employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with us (including third parties, no matter where they are located
3.2. The policy also applies to Board Officers, Trustees, and Committee members at any level.
3.3. In the context of this policy, third-party refers to any individual or organisation our company meets and works with. It refers to actual and potential donors, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – this includes their advisors, representatives and officials, politicians, and public parties.
3.4. Any arrangements Africa Foundation makes with a third party must be subject to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures relating to anti-bribery and corruption.
4. Definition of Bribery
4.1. Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.
4.2. A bribe refers to any inducement, reward, or object/item of value offered to another individual in order to gain commercial, contractual, regulatory, or personal advantage.
4.3. Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.
4.4. Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party . They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s compliance manager.
5. Definition of Corruption
5.1. Corruption refers to dishonest behavior by those in positions of power, such as managers or government officials, for private gain.
5.2. Corruption can include giving or accepting bribes or inappropriate gifts, double-dealing, under-the-table transactions, manipulating elections, diverting funds, laundering money, and defrauding investors
5.3. Corruption erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis.
6. What is and is not acceptable
6.1. Africa Foundation accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:
6.1.1. It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
6.1.2. It is not made with the suggestion that a return favour is expected.
6.1.3. It is in compliance with local law.
6.1.4. It is given in the name of the company, not in an individual’s name.
6.1.5. It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).
6.1.6. It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank you to a company for helping with a large project upon completion).
6.1.7. It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
6.1.8. It is given and received openly, not secretly.
6.1.9. It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
6.1.10. It is not offered to or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s compliance manager.
6.1.11. Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to the compliance manager, who will assess the circumstances.
6.2. Gifts given and received should always be disclosed to the individuals relevant line manager. Gifts from suppliers should always be disclosed. The intention behind a gift being given or received should always be considered. If there is any uncertainty, the advice of the individuals line manager should be sought.
7. Facilitation Payments and Kickbacks
7.1. Africa Foundation does not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. We recognise that they tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.
7.2. Africa Foundation does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage.
7.3. Africa Foundation recognises that, despite our strict policy on facilitation payments and kickbacks, employees may face a situation where avoiding a facilitation payment or kickback may put them or their family’s personal security at risk. Under these circumstances, the following steps must be taken:
7.3.1. The employees must keep any amount to the minimum.
7.3.2. The employee must try to secure a receipt, detailing the amount and reason for the payment.
7.3.3. The employee must create a record concerning the payment and report the incident to their line manager.
8. Political Contributions
8.1. AF will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.
9. Employee Responsibilities
9.1. Africa Foundation employees must ensure that they read, understand, and comply with the information contained within this policy, and with any training or other anti-bribery and corruption information they are provided with.
9.2. All Africa Foundation employees are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery policy.
9.3. Any Africa Foundation employee who has reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future, must notify their line manager and the Africa Foundation CEO.
9.4. Any Africa Foundation employee who breaches this policy, will face disciplinary action and could face dismissal for gross misconduct.
9.5. Africa Foundation has the right to terminate a contractual relationship with an employee if they breach this Anti-bribery and Anti-corruption policy.
10. Reporting instances of bribery or corruption
10.1. Any Africa Foundation employee who suspects that there is an instance of bribery or corrupt activities occurring in relation to Africa Foundation, must report their suspicions to the Africa Foundation CEO at as early a stage as possible. If they’re uncertain about whether a certain action or behaviour can be considered bribery or corruption, they should report it anyway.
10.2. Africa Foundation familiarise all employees with its whistleblowing procedures so employees can vocalise their concerns swiftly and confidentially.
11. What to do if you are a victim of bribery or corruption
11.1. Africa Foundation employees that are victims of bribery or corruption must report the incident to the Africa Foundation CEO as soon as possible if they are offered a bribe by anyone, if they are asked to make one, if they suspect that they may be bribed or asked to make a bribe in the near future, or if they have reason to believe that they are a victim of another corrupt activity.
11.2. Africa Foundation recognises that employees who refuse to accept or offer a bribe, or report a concern relating to potential act(s) of bribery or corruption, may feel worried about potential repercussions. Thus Africa Foundation undertakes to will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.
11.3. Africa Foundation will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribe or any other corrupt activity or because they reported a concern relating to potential act(s) of bribery or corruption. Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourable treatment in relation to the concern the individual raised.
11.4. Africa Foundation employees who feel that they have been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, should inform the Africa Foundation CEO, alternatively the Board Chairman.
12. Training and communication
12.1. Africa Foundation will provide training on this policy as part of the induction process for all new employees. Employees will also receive regular, relevant training on how to adhere to this policy, and will be asked annually to formally accept that they will comply with this policy.
12.2. Africa Foundations anti-bribery and corruption policy and zero-tolerance attitude will be clearly communicated to all suppliers, contractors, business partners, and any third-parties at the outset of business relations, and as appropriate thereafter.
12.3. AF will provide relevant anti-bribery and corruption training to employees etc. where we feel their knowledge of how to comply with the local legislation in this regard needs to be enhanced.
13. Monitoring, recording and review
13.1. Africa Foundation keeps detailed and accurate financial records and have appropriate internal controls in place to act as evidence for all payments made, and will keep a written record of the amount and reason for any hospitality or gifts accepted and given, on the explicit understanding that gifts and acts of hospitality are subject to managerial review.
13.2. The Africa Foundation Finance Manager is responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis, with emphasis on assessing its suitability, adequacy, and effectiveness.
13.3. Internal control systems and procedures designed to prevent bribery and corruption are subject to the annual audits to ensure that they are effective in practice, with any need for improvements applied as soon as possible.
13.4. Africa Foundation employees are encouraged to offer their feedback on this policy at any stage if they have any suggestions for how it may be improved. Feedback of this nature should be addressed to the Finance Manager.
13.5. This policy does not form part of an employee’s contract of employment and Africa Foundation may amend it at any time so to improve its effectiveness at combatting bribery and corruption.