Anti-Bribery & Anti-Corruption

Diamond conducts its business in an honest and ethical manner. As an organisation which is largely funded by public money, it is imperative that Diamond conducts its business fairly, without bias and in accordance with the law in order to protect the position and reputation of Diamond, our employees and those associated with Diamond. We take a zero-tolerance approach to bribery and corruption in all its forms.

Diamond is bound by UK laws, including the Bribery Act 2010, in respect of our conduct both at home and abroad. The UK Bribery Act 2010 creates the following criminal offences:

• Offences of bribing another person
• Offences related to being bribed 
• Bribery of foreign public officials, and
• Failure of commercial organisations (such as Diamond) to prevent bribery.

Individuals and/or corporations involved in bribery may be prosecuted and sentenced to imprisonment (for individuals) for up to ten years and/or a fine.

The purpose of this Policy is to:

• set out our responsibilities, and of those working for and on our behalf, in observing and upholding our position on bribery and corruption; and
• provide information and guidance to those working for and on our behalf on how to recognise and deal with bribery and corruption issues. 

This Policy applies to all persons working for Diamond or on our behalf in any capacity, including Diamond Employees, joint appointees, seconded workers, collaborators, students, volunteers, interns, agents, contractors (specifically including suppliers and casual and agency staff), external consultants and third-party representatives and business partners, sponsors, or any other person associated with Diamond, where located.

This Policy does not form part of any Diamond Employee’s contract of employment and may be subject to change at the discretion of Diamond.

Diamond’s Board of Directors have overall responsibility for this Policy and have delegated the day-to-day responsibility for its operation to the General Counsel & Company Secretary. Any queries relating to this Policy should be sent to the legal team at legal@diamond.ac.uk.

This Policy interacts with and overlaps with many other Diamond policies and procedures, including Diamond’s Anti-Slavery and Human Trafficking Policy, Conflict of Interest Guidelines, Corporate Hospitality and Gifts policy, Fraud Policy, Whistleblowing Policy and Diamond’s Supplier Code of Conduct.  If you need any assistance in accessing these policies and procedures, please contact legal@diamond.ac.uk.

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.  Some examples would include:

 

• An advantage includes money, gifts, loans, fees, hospitality, services, discounts, 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.

It is a criminal offence to offer, promise, give, request, or accept a bribe. Individuals found guilty can be punished by up to ten years' imprisonment and/or a fine and employers that fail to prevent bribery can face an unlimited fine, exclusion from tendering for public contracts, and damage to its reputation. Corruption is the abuse of entrusted power or position for private gain.

 

In particular, it is not acceptable for you (or someone on your behalf) to:

 

• give promise to give, or offer, a payment, gift, hospitality or other benefit in the expectation tor hope that a business or academic advantage will be received, or to reward a business or academic advantage already given;
• give or accept a gift or hospitality during any commercial negotiation or tender process if this could be perceived as intended or likely to influence the outcome;
• accept a payment, gift or hospitality from a third party that you know, or suspect is offered with the expectation that we will provide a business or academic advantage for them or anyone else in return;
• offer or accept a gift to or from government officials or representatives, or politicians or political parties;
• threaten or retaliate against another person who has refused to commit a bribery offence or who has raised concerns under this policy; and
• Engage in any other activity that might lead to a breach of this policy. 

How could bribery occur in the context of Diamond’s work?

 

• Bribery could occur in many of Diamond’s activities, including the recruitment of employees, secondees and joint-appointees, procurement of services, awarding PhD and work experience funding placements at Diamond, Industry access, academic collaborations, giving and receiving sponsorship and applying for grant funding.

Facilitation Payments and Kickbacks

 

• Facilitation payments, also known as "back-handers" or "grease payments", are typically small, unofficial payments made to secure or expedite a routine or necessary action (for example, by a government official). They are not common in the UK but are common in some other jurisdictions.
• Kickbacks are typically payments made in return for a business favour or advantage.
• We do not make, and will not accept, facilitation payments or "kickbacks" of any kind.
• You must avoid any activity that might lead to a facilitation payment or kickback being made or accepted by Diamond or on Diamond’s behalf, or that might suggest that such a payment will be made or accepted.
• If you are asked to make a payment on Diamond’s behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with Diamond’s Legal Team at legal@Diamond.ac.uk. 

Corporate Hospitality and Gifts

 

• This Policy does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining Diamond’s image or reputation, or marketing Diamond’s products and services.
•  A gift or hospitality will not be appropriate if it is unduly lavish or extravagant or could be seen as an inducement or reward for any preferential treatment (for example, during contractual negotiations, during a tender process or in anticipation of accessing facilities).
• Corporate Hospitality and Gifts are addressed in Diamond’s Corporate Hospitality and Gifts Policy and can be reported using the Gifts and Hospitality received form.  For further information on this policy please contact HR@Diamond.ac.uk.

The following are examples of bribery offences.  This is not an exhaustive list.

 

• Offering a bribe: You offer a potential industry customer of Diamond tickets to a major sporting event, but only if they agree to do business with us.

This would be an offence as you are making the offer to gain a commercial and contractual advantage. Diamond may also be found to have committed an offence because the offer has been made to obtain business for Diamond. It may also be an offence for the potential client to accept your offer.

 

• Receiving a bribe: A supplier gives your nephew a job but makes it clear that in return they expect you to use your influence in Diamond to ensure Diamond continues to do business with them.

It is an offence for a supplier to make such an offer. It would be an offence for you to accept the offer as you would be doing so to gain a personal advantage.

 

• Bribing a foreign official: You arrange for Diamond to pay an additional "facilitation" payment to a foreign official to speed up an administrative process, such as clearing our goods through customs.

The offence of bribing a foreign public official is committed as soon as the offer is made. This is because it is made to gain a business advantage for Diamond. Diamond may also be found to have committed an offence.

All persons dealing with, or on behalf of Diamond, are expected to familiarise themselves with this Policy and their responsibilities and take the mandatory training provided by Diamond.

All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments.

A record of gifts and corporate hospitality must be kept in accordance with Diamond’s Corporate Hospitality and Gifts policy.

If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this Policy has occurred or may occur, you must notify Diamond’s legal team at legal@diamond.ac.uk. Alternatively, you may report it in accordance with Diamond’s Whistleblowing Policy.

Any employee who breaches this Policy may 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.  

This Policy will be kept under review and may be revised by Diamond as considered appropriate. It will be the most recently published version of this Policy that will apply if any issue arises which needs to be addressed under it.

For the purposes of this Policy, the following definitions shall apply:

• Diamond: Diamond Light Source Ltd, a company incorporated and registered in England and Wales, with company number 4375679 and with registered office at Diamond House, Harwell Science & Innovation Campus, Didcot, Oxfordshire, OX11 ODE, United Kingdom.
• Diamond Employee: Any person working for Diamond under a contract of employment including Diamond directors and office holders.