Genial Productions is committed to conducting its business in a fair, honest and open manner. It is vital that we preserve our reputation for ethical business conduct and maintain a relationship of trust with the individuals and companies with whom we deal. We also take our legal obligations very seriously.
The purpose of this policy is to set out Genial Productions responsibilities (and the responsibilities of those working on our behalf) in maintaining our stance against bribery and corruption and to provide information and guidance on recognizing and dealing with potential instances of bribery.
In this policy “third party” means any individual or organisation you encounter during the course of working for Genial Productions and includes actual and potential clients, customers, supplier, distributors, business contact, agents, adviser and government and public bodies (together with their advisers, representatives and officials), politicians and political parties.
This policy applies to any employees, freelancers, contractor or other persons or companies acting on behalf of Genial Productions.
In summary, Genial Productions prohibits the offering, the giving, the solicitation or the acceptance of any bribe, whether cash or other inducement to or from any person or company wherever they are situated and whether they are a public official or body or private person or company by any individual employee, agent or other person or body acting on Genial Productions behalf in order to gain any commercial, contractual or regulatory advantage for Genial Productions in a why which is unethical, or any personal advantage, pecuniary or otherwise, for the individual or anyone connected with the individual.
A bribe is something of value given to improperly influence ‘business’ actions or decisions and gain unfair advantage – and it isn’t always in the form of money. ‘Something of value’ can also mean a favour eg. employing a family member or providing a donation to someone’s favourite charity, or over-the-top hospitality. We don’t allow any form of bribery and corruption, whether offered, solicited, given or accepted – directly or indirectly.
This policy is not intended to prohibit normal and appropriate hospitality or customary business gifts given to or received from third parties.
We don’t allow soliciting or for anyone to accept or offer a gift or hospitality – even a small one – that might be considered an improper influence and being a form of bribery.
In considering whether a gift or hospitality is appropriate the following guidelines should be considered :
All approvals, pre-approvals and advice need to be in writing. We reserve the tight to adjust or disallow reimbursement requests that aren’t compliant under this policy.
Gifts cannot be given to or received from government officials.
Cash gifts, cash equivalents or gift that can easily be converted into cash should never be given or received.
Genial Productions recognizes that market practice varies across territories in which it does business and what is normal and acceptable in one place may not be in another. Genial Productions will not make or accept facilitation payment of any kind unless payment is clearly unavoidable.
Facilitation Payments are typically small, unofficial payments made to secure or speed up a routine government action by a government official. Published and lawful fee to entities rather than individual(s), aren’t prohibited by this policy.
Where payment is determined to be unavoidable and payment is made, this needs to documented. You should never refuse to make a facilitation payment if faced with a threat of, or fear of, violence or loss of liberty. The safety of our employees and other persons or companies working on behalf of Genial Productions is of primary concern. Full preparation in advance should be made to avoid the need for facilitation payments. Resist if it feels safe by questioning the legitimacy of the request and explain that the facilitation payments are against your company policy as well as UK law and will have to be reported. If having resisted, the facilitation payment appears unavoidable then negotiate it to the minimum amount appropriate to the circumstances and try to avoid making a payment in cash directly to the office. You must record all payment which you have had to make and the details immediately to your Line Manger/Head of Production and explain why you had to pay it and secure payment is recorded in financial accounts – refer to FINANCIAL ACCOUNTS PRACTICE.
This policy is not meant to prohibit the following practices providing they are customary in a particular market, are proportionate and are properly recorded:
We must conduct all business interaction with third parties (including, but not limited to, court cases, inspections, obtaining governmental reports or certifications) in compliance with relevant laws and our business codes and policies.
We also require all third parties acting on our behalf (for example, agents) to comply with relevant laws and our business codes and policies. Any bribe paid by a third party acting on our behalf could be seen as a bribe conducted by us. Please be aware of the potential risks associated with using third parties and take care before engaging them. All transactions must be approved in line with our authorization policies.
With any interaction with a third party, please provide the relevant information in the subsidiary company’s purchase order, contract copy or in a cover sheet if:
For any third-party transaction of more than £10,000 applying to the points above, you’ll need prior approval from Genial Productions Legal Team and/or Managing Director.
Please provide the following details in writing, for example as a purchase order: contract, tax resolution or otherwise. If the purchase order or contract doesn’t have room for these details, please list them on a cover sheet:
Approvers’ responsibilities : Approvers need to review the required documentation and evaluate the potential risk for bribery.
Specific measures for agents : Approval of an agent is limited to the type of service(s), geographical area(s) and spend amount authorized.
Please make sure that third party employees acting on our behalf are fully aware of this policy. Please also ensure that the agent’s representatives certify in writing that, to their knowledge, the agent will fully comply with the governing laws, rules and regulations and that the agent will refrain from giving anything of value to government officials, political parties or candidates, or private parties to obtain or retain business or gain any improper advantage. This should be done once a year at least.
Retaining records : All documentation and third-party training records signed forms and annual representation must be retained and filed in line with local retention requirements. Any information obtained orally must be recorded in a written memo or e-mail as soon as possible and kept with the vendor documentation.
Contracting : Please ensure that anti-bribery clauses are included in contracts with any agents, consultants and third parties that are high risk. Clauses should state that they have not – and will not – be involved in giving or receiving bribes, or other corrupt conduct, within the contract’s context, and that the subsidiary company can terminate the contract if the clause is violated.
We aim to reduce the risk of bribery-related payments. This section defines the required procedures and controls for disbursing and receiving cash and gives guidelines on using cash funds.
Cash disbursements and expenditures :
Petty cash funds : Petty cash funds should only be established after approval by the Finance Director/Production Accountant.
Department/Productions must :
Cash advances : If you need a cash advance, please get pre-approval from your Line Manager. You’ll need to fill in a cash advance approval form with the following details:
Cash disbursements needing written pre-approval : Please get written pre-approval from your Genial Productions Finance Director/MD for any of the following cash disbursements :
Getting reimbursed : All cash expenditures must be supported by the original receipts. Reimbursements without receipts are only allowed if you’ve written pre-approval from the subsidiary company’s Finance Director. Any cash transaction over £3,000 needs prior approval from Genial Productions Finance Director/MD
Please give receipts to finance as soon as possible, and no later than thirty days.
The Operation Manager has primary and day-to-day responsibility for implementing this policy and for monitoring its use and effectiveness. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate training on it.
The board of directors has overall responsibility for ensuring this policy complies with our legal and ethical obligations and that all those under our control comply with it.