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.

WHAT IS A BRIBE?

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.

THERE ARE TWO TYPES OF BRIBERY?

• Public Bribery : Bribing a government official; giving or promising money or something of value to influence a government official to grant a licence or permit or stop a scheduled tax audit. Laws are strict about this and a gift or hospitality that’s fine for a private party may be illegal in this case. Even a small gift can be illegal in some countries. A government official doesn’t have to be someone working in the civil service; it could also be someone employed by a State-Owned Enterprise (‘SEO’)* organisation such as a public broadcaster, a member of a royal family, or even an airline pilot if they work for a state-owned airline. Genial Productions does not allow what’s known as ‘facilitating payments’ – also known as ‘speed’ or grease’ payments to government officials to expedite or to secure the performance of a routine governmental action. If you have questions about whether an expediting fee to an entity is allowed, please check with your Line Manager or Genial Productions Whistle blower Officer before making the payment.*Stage-owned enterprise: include any entity created by a government in order to partake in commercial activities on the government’s behalf. A SEO can be either wholly or partially owned by a government is specifically identified to a participate in commercial activities, including, but not limited to, television stations and media outlets.
• Commercial Bribery : Bribing a private party, such as an employee of another company or agent by inducing or rewarding them. For example, a ‘kickback’ (when an amount of money already paid, or due, is given back as a reward for favorable business arrangements) or a gift to a procurement manager of another company to persuade them to buy goods or services.

GIFTS & HOSPITALITY

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 :

• There should be no explicit or implicit intention to obtain, retain or reward a business advantage
• It should comply with local law
• Anything given should be given in our name, not yours
• It should not include cash or equivalents such as a vouchers of gift certificates
• The type, value and timing of the gift
• It should be given openly, not secretly
• Anything of significant value must first be approved by your Line Manager

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.

• Gifts : include, but are not limited to, anything of value, such as cash, discounts, favorable terms on any product or services, free or discounted services, prizes, transportation, use of vacation properties, stocks or other securities, home improvements, tickets, jewellery and gift cards/vouchers/certificates. For example, providing a third party with tickets to an event that will not also be attended by an employee of Genial productions accompanying the third party would be considered a gift rather than a hospitality expense for the purposes of the policy. Donations or contributions made at the request or on the benefit of a third party also may be considered a gift.
• Hospitality : Any socialization and associated with a business purpose. Examples of such hospitality may include
• 1. Hosting a party
  2. For a meal or drinks to discuss company business
  3. At a business-related conference
  4. At a theatrical or sporting event
  5. Visit to a set or production facilities

FACILITATION PAYMENTS

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:

• Normal and appropriate hospitality
• The giving of a ceremonial gift on a festival or at another special time
• The use of any recognized fast-track process which is available to all on payment of fee
• The offer of resources to assist the person or body to make the decision more efficiently provided that they are supplied for that purpose only We are aware that in some cases, particularly filming in certain oversea territories, there may be other considerations, such as health and safety, whereby the payment of a bribe may appear to be necessary to protect the well being and security of our productions from harassment and threat and/or to allow journalistic endeavors or investigations.Inevitably, decision as to what is acceptable may not always be easy. If anyone is in doubt as to whether a potential act constitutes bribery, the matter should be referred to you Line Manager or head of productions before proceeding. If necessary, guidance should also be sought from Genial Productions Legal entity. Where appropriate, but particularly for productions due to be filming overseas, we will carry out risk assessment including, where appropriate, specialist advise as part of a hazardous/hostile environment training.

INTERACTING WITH THIRD PARTIES

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.

DOCUMENTATION REQUIRED

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:

• The third party is a government-related entity or a state-owned enterprise
• The third party is an agent
• There’s a potential conflict of interest between you and the third party
• The third party requires payment outside of territory where service or goods will be completed. If so, you’ll need a declaration from them to say they’ll comply with tax rules in the territory of service or goods delivery
• The third party is in a territory with increased bribery risk, or the transaction will be completed in a territory with increased bribery risk

THIRD PARTY TRANSACTIONS OVER £10,000

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:

• Third party identification including tax number
• Payment details, e.g. bank account details, or beneficiary name in case of cheque
• Nature of the transaction, including territory
• Value of the transaction

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.

FINANCIAL ACCOUNTS PRACTICE :

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 :

• Try to limit the use of cash as much as possible. Use a credit card, debit card or any other form of electronic based transfer instead. Cash should not be used to shortcut invoicing arrangements with vendors or circumvent the subsidiary company’s accounts payable process.
• All cash payments must be made and documented in an expense form and approved by your Line Manager

Petty cash funds : Petty cash funds should only be established after approval by the Finance Director/Production Accountant.

Department/Productions must :

• Hold cash securely
• Reimburse or advance cash to employees only when requests are approved by their Line Manager and documented according to this policy and any local rule
• Ensure cheques aren’t cashed from petty cash
• Reconcile petty cash funds at least quarterly
• Implement appropriate segregation of duties for custody, book keeping, reconciliation and approvals

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:

• Your name, signature and date
• Approver name, signature and date
• Reason for the advance

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 :

• Directly to, or for the benefit of, a government official or an employee of a state-owned or state-controlled entity
• Employee compensation
• Hotel and airline travel expenses
• Charitable donations
• Political contributions
• Event sponsorship’s
• Hosting or entertainment

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.

EMPLOYEE RESPONSIBILITY

• You must ensure that you read, understand and comply with this policy
• Any employee who breaches this policy may face disciplinary action, which could ultimately result in dismissal for gross misconduct
• Our approach to bribery and corruption should be communicated to all supplier, contractor and business partners at the beginning of our business relationship with them as appropriate thereafter.

HOW SHOULD YOU DEAL WITH A BRIBERY ISSUE ?

• If you’re forced to make a payment in a situation where the health or safety of an employee is threatened, please report this as soon as possible in accordance to Genial Productions Whistle blowing Policy.
• If you suspect any violation of this policy, please contact your Line Manager or Genial Productions Whistle blower Officer to lodge complaints or report incidents. You can also contact them, if you have a general inquiry or want to raise concerns.
• Report to your Line Manager or Genial Productions Whistle blower Officer, if you are offered a bribe by a third party, are asked to make one or believe that you are a victim of another form of unlawful activity. We encourage openness and will support anyone who raises genuine concerns in good faith under this policy.
• All information, including your identity, will be treated as confidential. However, by law, it may be necessary to disclose information and for witnesses to come forward.
• We don’t allow retaliation against anyone who reports a suspected violation of this policy in good faith.

RESPONSIBILITY FOR THIS POLICY, MONITORING AND REVIEW

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.