EDINBURGH INTERNATIONAL FILM FESTIVAL LIMITED (the “Charity”)
A Charity Registered in Scotland – SC053218
1. Introduction
The Bribery Act 2010 (“Act”) is a single comprehensive code in relation to Bribery and Corruption. The Act places responsibility on organisations as well as the individual. The Act has a wide geographical reach and potentially covers acts in any country in the world. The Act also covers the acts of agents, associates or other third parties acting on behalf of the organisation. The penalties are severe, with potentially unlimited fines and the possibility of imprisonment up to a maximum of 10 years for individuals, as well as unlimited fines for organisations.
Bribery can be defined as the receiving or offering of undue reward by or to any person whatsoever (whether in a public office, a private employee, colleague or representative of another organisation) in order to influence his/her behaviour and to incline them to act contrary to known rules of honesty and integrity. The bribe does not need to be paid or given to the actual person who is acting contrary to such rules of honesty and integrity.
The Act creates the following offences:
- Promising or offering a bribe;
- Requesting, agreeing to receive or accepting a bribe;
- Bribing a foreign public official; and
- A corporate offence of “failure to prevent bribery” by “persons associated” with an organisation.
The first three offences above may be committed by individuals or organisations, but the fourth offence can only be committed by an organisation.
2. Policy Statement
This Anti-Bribery Policy (“Anti-Bribery Policy”) applies to all employees, directors, officers and others acting on behalf of the Charity or of any subsidiary or associated companies (“Staff”). The Anti-bribery Policy also covers third parties such as agency workers, consultants, sub-contractors and others working for, or on behalf of, the Charity irrespective of their location, function or grade. For the purposes of this Anti-bribery Policy, references to Staff shall be deemed to include any third parties to the extent that such third parties are working for, or on behalf of, the Charity.
The Charity does not wish to stifle the development of good working relationships with suppliers, agents, contractors or officials; however, all actions must be transparent, proportionate and auditable. The Charity expects our business partners, agents, suppliers and contractors to act with integrity and to take no actions, which may be considered as an offence within the meaning of the Act.
Staff must not:
- Offer or make a bribe, unauthorised payment or inducement of any kind to anyone;
- Solicit business by offering a bribe, unauthorised payment or inducement to a third party;
- Accept any kind of bribe, unauthorised payment or inducement. Staff must:
- Refuse, in a clear manner that could not lead to any misunderstanding, any offer of a bribe or an inducement or unauthorised payment that is offered;
- Report all such offers received under the procedures set out in the Charity’s Public Interest Disclosure and Whistleblowing Policy. This relates to offers either to themselves, where they are concerned may have been made to any other member of staff, or that they believe a member of staff may have offered to a third party. This will lead to an investigation and may lead to action being taken by the Charity, as appropriate.
3. Hospitality and Gifts
The occasional exchange of business gifts, non-extravagant meals or low-level entertainment is a common practice and is meant to create goodwill and enhance relationships. However, if the giving or receipt of business courtesies becomes excessive, it can create a sense of personal obligation on the part of the recipient. Such sense of obligation can interfere with the individual’s ability to be impartial in the transaction.
Staff may accept business courtesies, but such courtesies must be modest (up to a value of £75) and infrequent enough not to interfere with the ethical judgement of the member of staff and must not create an appearance of impropriety. Corporate hospitality and gifts (whether received or provided) must be transparent, auditable and proportionate and therefore must be declared to the CEO so they can be recorded in the Hospitality Register.
If a gift or hospitality is not reasonable in the circumstances, then every effort must be made to refuse the offer without offending the person or organisation making the offer. In the unlikely event that the gift cannot be refused, it should be immediately declared on return to the Charity in the hospitality register held by the CEO. Any gift or hospitality received or given must not have any influence or intention to influence the party receiving the gift or hospitality.
In no circumstances must any gift of money be made or received by an official of the Charity.
4. Contacts
CEO – Paul Ridd
Chair of the Board – Andrew Macdonald
Policy Last Amended: March 2024
