Anti-Corruption Policy
Drama Republic Limited (“DR”) 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 DR’s 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 recognising and dealing with potential instances of bribery.
In this policy “third party” means any individual or organisation you come into contact with during the course of working for us and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers and government and public bodies (together with their advisors, representatives and officials), politicians and political parties.
This policy applies to any employees, freelancers, contractors or other persons or companies acting on behalf of DR (or any of its production subsidiaries) both within and outside the UK.
What is bribery?
A bribe is an inducement or reward (whether money or in kind) offered, promised or given in order to gain any commercial, contractual, regulatory or personal advantage. The offences set out in the Bribery Act 2010 include:-
- offering a bribe;
- accepting a bribe;
- bribing a foreign official;
- for DR and subsidiaries – failing to prevent bribery for our benefit by someone acting on our behalf.
It is not acceptable for anyone to whom this policy applies to:-
- offer or give any payment, gift or hospitality to any third party with the hope or expectation that DR will receive (or to reward) a business advantage;
- offer or give any payment, gift or hospitality to a public official or representative;
- accept any payment, gift or hospitality from a third party if you know or suspect it is offered with an expectation that it will obtain a business advantage for them or that a business advantage will be provided by us in return;
- threaten or retaliate against anyone else to whom the policy applies who has refused to commit a bribery offence or who has raised concerns under this policy;
- engage in any other activity which might lead to a breach of this policy.
Bribery and corruption are punishable for individuals by up to 10 years’ imprisonment and if we are found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation.
Gifts, entertainment and hospitality
This policy is not intended to prohibit normal and appropriate hospitality or customary business gifts given to or received from third parties. In considering whether the hospitality or gift is appropriate the following guidelines should be taken into account:-
- 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 vouchers or gift certificates;
- the type, value and timing of the gift (e.g. customary small gifts at Christmas in the UK);
- it should be given openly not secretly;
- gifts should not be offered to or accepted from government or political representatives without the prior approval of your line manager;
Market practice varies around the world and what is normal and acceptable practice in one place may not be in another.
When filming abroad, we also recognise that individuals may be placed in difficult situations by local public officials if so-called “facilitation payments” are not made. The commissioning broadcaster may have issued a guidance note for productions commissioned by them or production staff under their responsibility in relation to facilitation payments and we have decided to adopt the approach recommended in that guidance note until further notice. Please ask DR Legal to provide you a copy of any relevant broadcaster policy in the event your production is to film abroad.
Your responsibilities
You must ensure that you read, understand and comply with this policy. Any employee, contractor or agent who breaches this policy may face disciplinary action, which could ultimately result in dismissal for gross misconduct or termination of our agreement.
Assessing risks and record keeping
Assessment of the bribery risks involved in each of our productions and other commercial dealings lies at the heart of the operation of this policy. For many of Drama Republic’s activities the level of risk will be very low, but we acknowledge that the circumstances and areas of the world in which we pursue our business vary from project to project. It is therefore essential that the risks of exposure to liability under the Bribery Act, particularly where productions are due to film overseas, are assessed on a per project and ongoing basis.
In tandem with risk assessment, it is also important that we keep accurate and transparent financial records of our dealings with third parties. You must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.
You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses policy and specifically record the reason for the expenditure.
All accounts, invoices, memoranda and other documents and records relating to dealings with third parties such as clients, suppliers and business contacts should be prepared and maintained accurately and completely. No accounts must be kept “off-book” to facilitate or conceal improper payments.
Raising concerns / what to do if you are a victim of bribery or corruption
You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage with your line manager – including if you are unsure whether a particular act constitutes bribery or corruption.
It is also important that you tell your line manager as soon as possible 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.
Training
Training about this policy forms part of the induction process for all new workers and at the start of all new productions. Our approach to bribery and corruption should be communicated to all suppliers, contractors and business partners at the beginning of our business relationship with them and as appropriate thereafter.
Responsibility for this policy, monitoring and review
DR’s board of directors has overall responsibility for ensuring this policy complies with DR’s legal and ethical obligations and that all those under our control comply with it.
DR’s Head of Production 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.
For further reading please refer to the PACT guidelines as approved by BBC, ITV, Channel 4 and Channel 5 http://downloads.bbc.co.uk/commissioning/site/anti_bribery_high_level_principles.pdf