Eden Group Anti-bribery and corruption policy

1. Policy statement

• We conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings, in the UK, or whichever other jurisdiction we operate in the future. We have implemented and enforce effective systems to counter bribery and corruption.
• The point of this policy is to clearly lay out the responsibilities of all employees and any person or group working with us and representing us in any way. There are elements of this policy that may seem strict and disproportionate to the risks associated with the UK (which scores well, although not perfectly, in the Corruption Perceptions Index). We also work on international projects and expect to continue to do so in the future.
• We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate. In particular, we remain bound by UK laws, including the Bribery Act 2010, in respect of our conduct both at home and abroad.

2. About this policy

• The purpose of this policy is to set out our responsibilities, and the responsibilities of those working for us, in observing and upholding our position on bribery and corruption; 
• In this policy, 'Third Party' means any individual or organisation we come into contact with during the course of our business, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
• This policy does not form part of any employee's contract of employment and we may amend it at any time.

3. Particular risks for Eden Group companies

• We have identified that the following are particular risks for our business: 
  1)    General Procurement
  2)    Bulk purchase procurements 
  3)    Large capital projects 
  4)    Delivery of charitable objectives in unfamiliar territories
  5)    Local custom and practice in overseas territories
  6)    Quasi government partnerships in overseas territories
  7)    Challenges to Partner Due Diligence processes in overseas territories
• To address those risks we have instigated:
  1)    Staffing training in Anti bribery and corruption (ABC), which is appropriate to the role
  2)    Anonymised shortlisting process for recruitment of roles/tendering for suppliers
  3)    Due diligence of suppliers via Eden’s Supplier Assessment Process
  4)    Development of a Gift Register and associated processes/procedures
  5)    Strong contractual obligations in overseas contracts/licence agreements
  6)    Local advisors to be utilised to provide expert guidance on in-country compliance issues

4. Compliance with this policy

• This policy applies to all persons working for Eden Project Limited, Eden Project International Limited or any other Group Company in any capacity including, employees at all levels, whether permanent, fixed-term or temporary, directors, officers, advisors, agency workers, seconded workers, volunteers, interns, contractors, external consultants, Third-Party representatives and business partners, sponsors, or any other person associated with us, wherever located.
• It also covers any individual or organisations, who work with us, for us or on our behalf, including actual and potential, suppliers, partners, distributors, agents, advisers (collectively the Third Parties referred to in paragraph 2.1 above). 
• Prior to agreeing or commencing a working relationship, contract or service agreement with any Third Parties, a copy of this policy will be issued, signed and returned, and appropriate clauses will be included in any agreement with such Third Parties contractually requiring adherence to this policy and allowing for termination and/or penalties as appropriate in the event of Third Party non-compliance. 
  

5. Responsibilities for this policy

• The Eden Trust has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
• The Company Secretary has day-to-day responsibility for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective in countering bribery and corruption.
• Management at all levels of the organisation are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it.
• Staff are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries will be addressed to the Company Secretary.

6. Definition of Bribery and Corruption

• Bribery is offering, promising, giving or accepting any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly, or where the recipient would act improperly by accepting the advantage.
• An advantage includes money, gifts, loans, fees, hospitality, services, discounts, and the award of a contract or anything else of value.
• A person acts improperly where they act illegally, unethically, or contrary to an expectation of good faith or impartiality, or where they abuse a position of trust. The improper acts may be in relation to any business or professional activities, public functions, acts in the course of employment, or other activities by or on behalf of any organisation of any kind.
   

7. Prohibited acts

• It is not acceptable for us (or someone on our behalf) to:

1. give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
2. give or accept a gift or hospitality during any commercial negotiations or tender process, if this could be perceived as intended or likely to influence the outcome;
3. accept a payment, gift or hospitality from a third party that you know or suspect is offered with the expectation that it will provide a business advantage for them or anyone else in return;
4. accept hospitality from a third party that is unduly lavish or extravagant under the circumstances;
5. offer or accept a gift to or from government officials or representatives, or politicians or political parties, without the prior approval of the Company Secretary;
6. threaten or retaliate against another individual who has refused to commit a bribery offence or who has raised concerns under this policy; or
7. engage in any other activity that might lead to a breach of this policy.

8. Facilitation payments and kickbacks

• We do not make, and will not accept, facilitation payments or "kickbacks" of any kind. 

9. Gifts, hospitality and expenses

• We appreciate that practice varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test that we will apply is whether in all the circumstances the gift, hospitality or payment is reasonable and justifiable. The intention behind it will always be considered. 
  

10. Donations

• We do not make contributions to political parties. 
• The receipt of donations from anyone we are doing business with, or proposing to do business with, will also be carefully considered under the terms of this policy before being accepted. 

11. Record-keeping

• We will keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.

12. Individual responsibilities

• All individuals are required to ensure that they have read, understood and will comply with this policy.

13. Oversees representatives

• We expect all staff, agents and/or intermediaries operating on an international scale ("Overseas Representatives") to comply with the provisions of this policy. 

14. Checking out suppliers and partners in High Risk Jurisdictions and due diligence

• Where there is a significant bribery risk our business units our staff must consult their line manager and/or the Company Secretary in relation to the appropriate anti-bribery compliance measures before:

1. appointing a new supplier;
2. entering into a new partnership;
3. appointing an agent to work on the Company's behalf; or 
4. entering into a new contract or amending the terms of an existing contract.

15. Victims of Bribery or Corruption

• Individuals are encouraged to raise concerns about any issue or suspicion of bribery or corruption at the earliest possible stage through either their line manager, the Company Secretary, or via our Whistleblowing Policy. 

16. Protection

• We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. 

17. Breaches of this policy

• Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct.
• We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.

18. Monitoring and review

• The Company Secretary will monitor the effectiveness and review the implementation of this policy, considering its suitability, adequacy and effectiveness. 
• All workers are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.