1.1 Introduction
This Gifts & Entertainment policy explains the standards and behavior required of employees and business partners to comply with the expectations of the Organization and the Foreign Corrupt Practices Act (FCPA). This procedure applies to all employees, subsidiaries, associated companies worldwide and joint venture partners.
1.2 Background
This policy sets the standards of conduct required from everyone and this includes being open and transparent about gifts and entertainment provided or received. Gifts include any item of value provided to a third party or their employees or received from a third party by us or our employees. Entertainment includes any business entertainment, such as travel, accommodation, meals and invitations to events given to the Organization and its employees by third parties or given by the Organization to third parties.
1.3 What Is the Purpose of this Policy?
The purpose of this Gifts & Entertainment policy is:
- To provide clear guidance.
- To support the organization and employees in complying with FCPA.
- To define the organization’s requirements concerning the giving and acceptance of gifts and entertainment.
- To ensure that employees do not exploit their position for personal benefit.
Employees are discouraged from accepting or giving gifts or entertainment. We accept that the occasional modest giving and acceptance of gifts and entertainment may be a legitimate contribution to good business relationships. However, it is essential that they do not influence, nor could be perceived as influencing, business decision making. All employees must consider whether the giving or receiving of a gift or entertainment is appropriate and ensure that they are given and received openly and without any attempt to mislead or hide their nature, value, purpose, or identity of the giver and recipient.
Employees must in no event offer or receive gifts or entertainment that could:
- influence or be perceived as capable of influencing the outcome of transactions or decisions relating to our business;
- amount to or cause the recipient or giver to commit a criminal offence;
- cause offence to others or damage the reputation of the organization.
1.5 Receiving gifts & entertainment
In principle, we do not encourage employees to either give or receive gifts from third parties including clients and suppliers. In particular, the following should not be accepted:
- Gifts from anyone directly or indirectly involved with a pending bid, application, contract or decision that could impact our business.
- Gifts that are excessively lavish or which are conditional on particular behaviours or conduct.
- Cash and cash equivalents.
The organization does recognize, however, that declining a gift may cause some offence. When considering whether to accept or decline a gift, please use the table below and follow the appropriate procedure:
| G&E received | Procedure |
| Small gift (branded), below $50 (includes diaries, calendars, pens and so on) | Individuals may accept. No recording or approval required. |
| Small gift (non-branded), below $50 (includes diaries, calendars, pens and so on) | Individuals may accept. No recording or approval required unless two or more gifts are received within a six-month period in which case notify your line manager. |
| Gifts worth $50 or more (includes bottles of champagne, spirits, presents etc.) | Individuals may accept gifts between $50 and $300 with prior written approval from their line manager in the G&E Approval Form. Gifts exceeding $300 require prior written approval from Head of Department. All gifts must be recorded and surrendered to the business to be disposed of in one of the following ways:
|
| Attendance at business functions associated with your organizational role or your professional status (that is, professional dinners or events) | Obtain prior written consent from your line manager and record the attendance. |
| Attendance at purely social events (such as sporting events, horse racing, golf days) | In all cases (irrelevant of value) seek prior written approval from your line manager and record in the G&E Approval Form. If the value is $300 or more, prior written approval should also be obtained from your Head of Department and recorded. |
| Entertainment accepted (such as lunches, dinners) | Ensure that the entertainment is reasonable, proportionate, not lavish and that the organization would be willing to reciprocate. For all entertainment accepted the following steps apply: Where the value is less than $150, then it should be reported to line manager and recorded in the G&E Approval Form. Where the value is between $150 and $300 obtain prior written approval from your line manager and record in the G&E Approval Form. Where the value is more than $300 must also obtain prior written approval from the Head of Department and record in the G&E Approval Form. |
Approvals must be in writing, which may include email, and recorded as part of the completion of a G&E Approval Form.
When determining the monetary value of a benefit you must consider market value. If no monetary value can be placed on a gift/ entertainment then consider whether a conflict of interest could be created or whether the gift/ entertainment could be perceived to be inappropriate and seek guidance from your line manager.
1.6 Giving gifts & entertainment
In general, gifts should not be offered to clients or potential clients, third parties or anyone outside the organization. The exceptions to this rule are the organization’s branded products (for example, pens and stationary), modest refreshment and entertainment and celebrations (for example, the conclusion of a project). In determining whether giving a gift is appropriate, consideration should be given to the recipient, the value of the gift and the reason for it. If you are in doubt as to whether a gift or entertainment should be given, please seek advice from your line manager.
No gifts or entertainment can be offered to public officials in any circumstances.
Entertainment may be offered if it is reasonable in all the circumstances to do so and is proportionate and not lavish or extravagant.
The following steps must be followed when giving gifts or entertainment:
(a) Gifts or entertainment given must be pre-approved by your line manager. If permitted to proceed, the organization’s G&E approval form must be completed and all receipts retained.
(b) Benefits provided with a value exceeding $100 in total must also be recorded in the G&E Register with details of the individual or customer to whom it was provided.
(c) Gifts and hospitability given must be consistent with the policy of the applicable third party organization.
(d) Under no circumstances shall the organization’s business partners (including suppliers, joint venture partners, subcontractors or advisors) be asked to contribute towards the cost of entertaining customers on our behalf.
1.7 Help and Advice
If you would like further advice please visit the Legal Portal or contact the Ethics & Compliance team.
1.8 Useful Links