Anti-Bribery And Corruption Policy

Company Context  

Arquebus is fully committed to conducting its business in full compliance with its obligations under applicable law or regulation.  

 As a company operating in global markets Arquebus is required to conduct its business operations in accordance with the laws of the Belgian and such other jurisdictions as may be appropriate from time to time.  

As such Arquebus has a zero-tolerance approach to bribery and corruption, this Anti Bribery and Corruption (ABC) Policy sets out your responsibilities to:  

  • Act professionally, fairly and with integrity in all your business dealings and relationships, wherever we operate. 

  • Observe and uphold Arquebus’s zero-tolerance approach to bribery and corruption.  

Principles  

Arquebus does not accept or condone the practice of gaining business advantage by means of bribes, incentives, or other improper inducement of third parties.  

All Arquebus employees, agents or representatives are specifically prohibited from offering, promising, giving, or paying a bribe, incentive, or other improper inducement to any person where such action is expected, or might reasonably be expected, to result in an improper performance of that person’s duties, or as a reward for past improper performance of those duties.  

Improper performance includes the failure to do something that the person should do. These restrictions apply worldwide.  

Arquebus employees, agents or representatives are similarly prohibited from requesting, agreeing to receive, or accepting any bribe, incentive, or other improper inducement.  

For the absence of doubt, such restriction does not extend to the provision or receipt of proportionate hospitality (a cup of coffee, lunch, invitation to a reasonable corporate entertainment event), however, it should be noted that “facilitation payments” are specifically outlawed under the UK Bribery Act. If you are in any doubt as to what is or is not proportionate hospitality, please refer to your direct Line Manager for guidance who in turn may choose to make an entry on our gifts and hospitality register for transparency purposes. 

  

Arquebus Employee Requirements  

You must:  

  • Conduct your business activities in an honest, transparent, and ethical manner, in line with Arquebus’ zero-tolerance approach to bribery and corruption.  

  • Not give, offer, request, accept, or authorise anything that is, or could be considered, a bribe (see below); 

  • Not offer, make or authorise any facilitation payments or other financial advantages, no matter how small the payments are (see below).  

  • Complete any required ABC training in a timely manner;

  • and promptly report to your Line Manager all requests for bribes or facilitation payments, or any possible non-compliance with the ABC Policy. 

 

Bribes 

A bribe is an inducement or reward offered, promised, or provided to gain any commercial, contractual, regulatory or personal advantage. It includes not only cash, but also other forms of inducement, including gifts, entertainment, or hospitality. It may even include things such as donations to a charity of someone’s choice, or the offer of a job to a family member of a customer or potential customer.  

If you are ever in doubt about whether an action may amount to bribery, please get in touch with your Line Manager. 

 

Facilitation Payments and “Kickbacks”  

Facilitation payments are typically small, unofficial payments made to secure or speed up a routine government action by a government official.  

“Kickbacks” are typically payments made in return for a business favour or advantage.  

Facilitation payments and “kickbacks” are a form of bribery. Arquebus will not make and will not permit to be made on its behalf, facilitation payments or “kickbacks” of any kind, even if they may be permitted under local law. 

Donations  

Employees must not make any donations to anyone for or on behalf of Arquebus. 

 

Gifts and Hospitality 

Gifts and Hospitality comes in a variety of forms. It may, for example, include physical gifts (such as wine or food hampers), dinner in a restaurant, tickets to the theatre or a sporting event/other entertainment, travel and accommodation, or the use of equipment or facilities for purposes not relating to Arquebus ’s business.  

Gifts and hospitality that are proportionate to the business activity are acceptable but if you are unsure, please refer to you Line Manager for guidance who may make an entry in the gifts and hospitality register for transparency purposes. 

 

Partner Compensation 

Our partner compensation policy outlines the key principles applied to the compensation representatives receive from Arquebus. The specific compensation agreed for each individual opportunities is documented in the Partner Compensation Register with rationale as to its justification. 

 

What should you do if you are a victim of bribery or corruption?  

You must inform your Line Manager as soon as possible if you are asked to make a bribe, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful ABC activity. 

 

Legislative Context  

Belgium anti-bribery laws are primarily governed by the Penal Code and various international obligations, they are a signatory to various international anti-corruption conventions, such as the OECD Anti-Bribery Convention, which influences national legislation and enforcement. 

The Belgian authorities may have jurisdiction over acts of bribery committed abroad if the perpetrator is a Belgian national or if the act is committed in connection with a Belgian company. 

You must comply with all anti-bribery and corruption (ABC) laws and regulations wherever in the world we operate.  

Consequences of Non-Compliance 

Any employee reasonably proven to have offered, promised, given or paid a bribe, incentive, or other improper incentive to a third party will commit an act of Gross Misconduct and will be subject to disciplinary action under the Arquebus Disciplinary Policy.  

In addition to the above any employee, agent or representative is reasonably believed by the Company to have committed a breach of Belgium or overseas legislation will be reported by the Company to the relevant authority.  

Enforcement of anti-bribery laws can involve both criminal prosecutions and civil actions, and authorities may cooperate with international bodies to investigate cross-border corruption. 

 

Reporting / Whistleblowing 

Where an employee, agent or representative is approached either to provide or receive an inducement then this must immediately be reported. Failure to report such an approach will be considered an act of Gross Misconduct.  

 Arquebus encourages employees, agents, and representatives to report to the company where they become aware of any improper behaviour by anyone acting for or on behalf of Arquebus. Reports of any type should be made in confidence to their Line Manager. 

  

Review 

Periodic reviews will be conducted to assess this policy’s effectiveness and to make any necessary adjustments.