Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.

A bribe refers to any inducement, reward, or object/item of value offered to another individual in order to gain commercial, contractual, regulatory, or personal advantage.

Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.

Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s Firm’s Compliance Officer.

 

Gifts, Hospitality And Entertainment

The concepts of gifts, hospitality and entertainment are all recognised as having potential to be used or construed as bribes. The DoJ Guidance makes clear that the Act is not intended to prevent the provision of gifts, hospitality, and entertainment in the normal course of business, provided it is not excessive when considered in the circumstances of each individual case.

In this respect, the DoJ Guidance can be seen as being consistent with the obligations in the FCA’s Conduct of Business Rules; the Firm judge’s compliance with the latter to achieve compliance with the spirit of the Guidance on this matter.

This policy does not prohibit normal and appropriate gifts and hospitality (given and received) to or from Third Parties unless otherwise specifically stated. However, we have specific internal policies and procedures which provide guidance to employees as to what is to be regarded as normal and appropriate gifts and hospitality in terms of financial limits, subject to the principles set out below (the Overriding Principles), namely that any gift or hospitality:

• must not be made with the intention of improperly influencing a Third Party or Employee to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits.
• must comply with local law in all relevant countries.
• must be given in the name of the organisation, not in an individual’s name.
• must not include cash or a cash equivalent.
• must be appropriate in the circumstances.
• must be of an appropriate type and value and given at an appropriate time taking into account the reason for the gift.
• must be given openly, not secretly.
• in the case of gifts, they must not be offered to, or accepted from, government officials or representatives, politicians, or political parties, without the prior approval of either the Firm’s Firm’s Compliance Officer.

What is not acceptable?

It is not acceptable for any Employee (or someone on their behalf) to:

• give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that they or the Firm will improperly be given a business advantage, or as a reward for a business advantage already improperly given.
• give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to facilitate or expedite a routine procedure.
• accept payment from a Third Party where it is known or suspected that it is offered or given with the expectation that the Third Party will improperly obtain a business advantage.
• accept a gift or hospitality from a Third Party where it is known or suspected that it is offered or provided with an expectation that a business advantage will be improperly provided by the Firm in return.
• threaten or retaliate against another Worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
• engage in any activity that might lead to a breach of this policy.

Personnel who are in any way uncertain on such issues must seek appropriate guidance and authority from the Compliance Officer before entering into any potentially relevant commitment.

Facilitation Payments And Kickbacks

Oberon does not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. We recognise that they tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.

Oberon does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage.

Political Contributions

Oberon will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.

Charitable Contributions

Oberon accepts (and indeed encourages) the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes.

Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.

We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the approval of Firm’s Compliance Officer.

Employee Responsibilities

As an employee of Oberon, you must ensure that you read, understand, and comply with the information contained within this policy, and with any training or other anti-bribery and corruption information you are given.

All employees and those under our control are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery policy.

If you have reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you must notify the Firm’s Compliance Officer.

If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct. Oberon has the right to terminate a contractual relationship with an employee if they breach this anti-bribery policy.

What To Do If You’re A Victim Of Bribery Or Corruption

You must tell the Firm’s Compliance Officer as soon as possible if you are offered a bribe by anyone, if you are asked to make one, if you suspect that you may be bribed or asked to make a bribe in the near future, or if you have reason to believe that you are a victim of another corrupt activity.

How To Raise A Concern

If you suspect that there is an instance of bribery or corrupt activities occurring in relation to Oberon, you are encouraged to raise your concerns at as early a stage as possible. If you’re uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to your line manager, the Firm’s Compliance Officer, or senior management.

Oberon has familiarised all employees with its whistleblowing procedures, so employees can vocalise their concerns swiftly and confidentially.

Protection

If you refuse to accept or offer a bribe or report a concern relating to potential act(s) of bribery or corruption, Oberon understands that you may feel worried about potential repercussions. Oberon will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.

Oberon will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribe or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.

Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourable treatment in relation to the concern the individual raised.

If you have reason to believe you’ve been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, you should inform your line manager, HR or the Firm’s Compliance Officer immediately.

Training And Communication

Oberon will provide training on this policy as part of the induction process for all new employees. Employees will also receive regular, relevant training on how to adhere to this policy, and will be asked annually to formally accept that they will comply with this policy.

Oberon will provide relevant anti-bribery and corruption training to employees etc. where we feel their knowledge of how to comply with the Bribery Act needs to be enhanced.

Record Keeping

Oberon will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made. We will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given and understand that gifts and acts of hospitality are subject to managerial review.

Due Diligence

Due diligence in the context of the Act does not share the same definition as ‘customer due diligence’ (“CDD”) from the Money Laundering Regulations 2007. Nevertheless, serving the one obligation can assist in fulfilling the other and vice versa. Insofar as bribery issues are concerned, there is an ongoing obligation on all associated with the Firm to be alert to any possible infringement of the Act and to promptly report any such situations to the Compliance Officer. The obligation to be satisfied as to the integrity of third parties prior to entering into business with them, be they clients or otherwise, means that when satisfaction is gained as a result of undertaking CDD, that can contribute to the satisfaction required for the prevention of bribery.

Monitoring And Review

Oberon’s Firm’s Compliance Officer is responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis. They will assess its suitability, adequacy, and effectiveness.

Any need for improvements will be applied as soon as possible. Employees are encouraged to offer their feedback on this policy if they have any suggestions for how it may be improved. Feedback of this nature should be addressed to the Firm’s Compliance Officer.

This policy does not form part of an employee’s contract of employment and Oberon may amend it at any time so to improve its effectiveness at combatting bribery and corruption.

No special or additional measures have been required to augment established arrangements for authorising, monitoring, and accounting for disbursements through the settlement of invoices, expenses claims or any other means. All personnel know that the law requires that they be constantly alert to any knowledge or suspicion of bribery and the requirement that such knowledge or suspicion be brought to the attention of the Compliance Officer immediately.

When warranted, reporting knowledge or suspicion internally can be dealt with in accordance with the Firm’s established ‘whistle blowing’ arrangements and thereby will be within the protections offered by the Public Interest Disclosure Act 1998.