JDR operates a strict no tolerance policy towards bribery in all its forms whether directly or through third parties and the attached anti-bribery and corruption policy sets out our anti-bribery and corruption rules and what is expected of you and third parties representing or dealing with JDR.

In the UK, the US and in many of the other jurisdictions in which we operate, it is a criminal offence to offer, promise or provide – or request or accept – a bribe. In the UK it is also an offence for a commercial organisation to fail to prevent an incident of bribery being committed either by the company or by someone associated with it in order to obtain or retain a business advantage.

Understanding and Recognising Bribery and Corruption  
Bribery and corruption can occur in many forms; so understanding them and recognising when they might occur is a key step in guarding against them. Bribery is when a person offers, promises or gives a financial (or other) advantage to another person with the intention of inducing or rewarding that person to act improperly. Corruption is any form of illegal, dishonest or bad behaviour, especially by people in positions of power.In our industry, bribery could occur in situations such as tendering, appointing preferred suppliers, contractors and agents, awarding licences etc.Wherever we work in the world – even where bribery may be seen as the norm – we must be clear that we will not participate in or condone any form of bribery in our dealings with the public or private sectors.Bribes are not always a matter of handing over cash. Gifts, hospitality and entertainment can be bribes if they are intended to influence a business decision.

Transparency and openness are effective weapons against bribery and we will challenge any arrangements that compromise them. Even political contributions, charitable donations and sponsorship arrangements can be used as a subterfuge for bribery.

Penalties for engaging in bribery and corruption

As befits a serious criminal offence, the penalties for engaging in bribery or corruption are severe. Individuals and companies can face punitive fines and even imprisonment.

In the UK, new legislation incorporates a specific criminal offence of a company failing to prevent bribery committed on its behalf. We take this responsibility very seriously and this is why we want to be associated only with others whose standards match our own.

Preventing Bribery  
Our ‘no tolerance’ of bribery relies on each one of us choosing to always do the right thing. All this takes is a few simple commitments. We Will Always:

  • Comply with this Anti-Bribery and Corruption Policy
  • Comply with company policies on gifts and hospitality; political contributions and charitable donations
  • Comply with our requirements concerning any conflicts of interest
  • Record all activities and transactions accurately, completely and transparently
  • Follow appropriate due diligence and risk mitigation procedures before proceeding with any contract, agent or other arrangement
  • Seek advice if unsure how to proceed
  • Report any suspected or actual breaches of this policy promptly and accurately to a line manager, the Chief Financial & Compliance Officer (“CFO”) or the JDR confidential reporting line
  • Be alert to ‘red flags’ and immediately report or seek guidance about them

We Will Never:

  • Participate in any form of corrupt behaviour
  • Use company funds, in the form of payments or gifts and hospitality for any unlawful, unethical or improper purpose
  • Authorise, make, tolerate or encourage, or invite or accept, any improper payments to obtain, retain or improve business
  • Permit anyone to offer or pay bribes or make facilitation payments on our behalf, or do anything else we would not be permitted to do ourselves
  • Offer or give anything of value to a public official (or their representative) to induce or reward them for acting improperly in the course of their public responsibilities
  • Offer or accept gifts or hospitality, if we think this might impair objective judgement, improperly influence a decision or create a sense of obligation, or if there’s a risk it could be misconstrued or misinterpreted by others
Understanding Specific Areas of Risk 
While high profile cases of bribery, involving large sums of cash and senior executives, are most likely to hit the headlines, bribery can be a risk in many areas of our industry.

  • Facilitation payments
  • Kickbacks and reciprocal agreements
  • False claims
  • Corrupt third parties (including agents, consultants, contractors or sub-contractors)
  • Excessive gifts and hospitality

Facilitation Payments are usually small payments (or gifts) made to public officials in order to speed up or ‘facilitate’ actions the officials are already duty-bound to perform. Whilst the US Foreign Corrupt Practices Act allows for some facilitation payments to be made, the UK Bribery Act does not allow any facilitation payments to be made.

We make no distinction between facilitation payments and bribes, regardless of their size or the local culture.

Kickbacks and Reciprocal Agreements or any other form of ‘quid pro quo’ are never acceptable. We will not participate in cartels, bid-rigging or any form of collusion. We will never accept improper payments to obtain new business, retain existing business, or secure any improper advantage.

Corrupt Third Parties can include a range of people acting on our behalf such as agents, consultants, contractors or sub-contractors. We wish to work only with those who are committed to our standards and will undertake due diligence to ensure this. We will engage a third party only when there is a clear business rationale for doing so and with an appropriate contract. We will ensure all payments made to third parties are properly authorised and recorded.

Excessive Gifts and Hospitality can be used to exert improper influence on decision makers. We will only accept gifts and hospitality in accordance with our policy. We will ensure any gifts or hospitality we offer are reasonable in terms of value and frequency. We will never offer or accept gifts or hospitality if we feel it could influence a business decision or give the appearance of doing so.

Training 
Specific anti-bribery training will be carried out for relevant employees across the business to ensure thorough understanding of the JDR policy.
Entertaining and Hospitality 
Corporate Hospitality and entertainment involves attendance at an event where the host is present. This can include for example a sporting event, a concert, golf day or corporate dinner. This excludes normal business lunches and dinners.Our employees are permitted to provide or receive corporate hospitality providing:

  • it is of a reasonable and appropriate value
  • it is customary to give or receive such hospitality in the ordinary course of business
  • the practice is infrequent
  • it is not during a tender process or contract negotiation
  • prior approval has been given by a line manager

Although invitations for spouses or partners may be allowed with approval from a director, our employees are not permitted to accept hospitality or entertainment offered by third parties to relatives or friends.

We may invite a third party to a JDR-sponsored event unless it is just before or during a tender process or contract negotiations with that third party.

Any entertainment or hospitality with an estimated value of £100 or more must be approved by a JDR director and disclosed and recorded in the JDR Gifts and Hospitality Register.

Disciplinary Action 
Bribery is a criminal offence which can lead to criminal penalties including imprisonment and fines for both an employee and JDR. Breaches of the JDR policy will result in prompt disciplinary action, up to and including dismissal.
How to Raise a Concern  
If a JDR employee has a concern or knows of or suspects a violation of this policy they must alert the business immediately. JDR’s 24/7 confidential reporting service “Speak Up” allows employees to report any concerns free of charge and in confidence. The reporting line is operated by an external independent third party unconnected with JDR and calls can be completely anonymous. Non-JDR people wanting to report a concern should contact our Littleport HQ and ask to speak to the personal assistant to the Chief Financial & Compliance Officer.