ANTI-BRIBERY & CORRUPTION POLICY
Updated January 2019
Whoever we may deal with, and wherever we may operate, we are
committed to doing so lawfully, ethically and with integrity. As part of
this commitment, all forms of bribery and corruption are unacceptable
and will not be tolerated. We must not, and we must ensure that any
third party acting on our behalf does not, act corruptly in our dealings
with any other person.
This anti-bribery and corruption policy sets out DataPro’s policies to
prevent acts of bribery and corruption. These policies and procedures
have been designed to comply with legislation governing bribery and
corruption on a global basis.
This policy provides guidance on the standards of behaviour to which we
must all adhere and most of these reflect the common sense and good
business practices that we all work to in any event. This policy is designed
to help you to identify when something is prohibited so that bribery and
corruption is avoided, and provide you with help and guidance if you are
unsure about whether there is a problem and you need further advice.
WHO THIS POLICY APPLIES TO
The fundamental standards of integrity under which we operate do not
vary depending on where we work or who we are dealing with. This policy
applies to all DataPro directors, officers, employees (full and part time)
and temporary workers (such as consultants or contractors) (together
referred to as “employees” in this document) across the group no matter
where they are located or what they do. It is the responsibility of each
of us to ensure that we comply with these standards in our daily working
lives. This policy sets out a single standard that all employees must
comply with, regardless of whether local law or practices might permit
something to the contrary.
Part of DataPro’s commitment to prevent bribery and corruption is to
ensure that the people acting on our behalf also do so in compliance with
effective anti-bribery and corruption policies. Accordingly, where we
engage third parties such as agents, distributors or joint venture
partners, we have obligations to complete sufficient due diligence when
entering into arrangements to ensure that they are not acting corruptly,
and to periodically monitor their performance to ensure ongoing
compliance. In short, if we can’t do it, neither can they.
Failure to comply with this policy, whether or not this is intentional, may
lead to disciplinary action (up to and including dismissal), and criminal
liability for the individual involved (up to and including imprisonment).
Employees will be required to confirm that they have read and
understood the policy and that they comply with its terms as part of
their ongoing employment assessment processes. In addition, relevant
employees will be required to attend training to support the guidance in
If you are unsure about your obligations under this policy, you should
contact the official mentioned below for help:
• The Chief Compliance Officer.
Ground Floor, Foresight House
163/165, Broad Street
By Marina Waterfront
Lagos Island, Lagos
WHAT IS BRIBERY?
Bribery involves the following:
•when a financial or other advantage is offered, given or promised
to another person with the intention to induce or reward them
or another person to perform their responsibilities or duties
improperly (it does not have to be the person to whom the bribe
is offered that acts improperly); or
• when a financial or other advantage is requested, agreed to be
received or accepted by another person with the intention of
inducing or rewarding them or another person to perform their
responsibilities or duties inappropriately (it does not have to be
the person who receives the bribe that acts improperly).
It does not matter whether the bribe is:
• given or received directly or through a third party (such as
someone acting on DataPro’s behalf, for example an agent,
distributor, supplier, joint venture partner or other
• for the benefit of the recipient or some other person.
Bribes can take many forms, for example:
• money (or cash equivalent such as shares);
• unreasonable gifts, entertainment or hospitality;
• unwarranted rebates or excessive commissions (e.g. to sales
agents or marketing agents);
• unwarranted allowances or expenses;
• “facilitation” payments/payments made to perform their normal
quickly and/or prioritiesa particular customer;
• political/charitable contributions;
• uncompensated use of company services or facilities; or
• anything else of value.
This policy applies to both the public and private sectors. Dealing with
public officials poses a particular high risk in relation to bribery and
corruption and specific guidance when dealing with public officials is set
A breach of bribery laws can result in fines for both the company and
the individual involved and in some jurisdictions could also result in
HOW DO I KNOW IF SOMETHING IS A BRIBE?
In most circumstances, common sense will determine when a bribe is
being offered. However, here are some questions you should ask yourself
if in doubt:
• am I being asked to pay something or provide any other benefit
over and above the cost of the services being performed, for an
example an excessive commission, a lavish gift, a kickback or make
a contribution to a charity or political organization?
• am I being asked to make a payment for services to someone
other than the service provider?
• are the hospitality or gifts I am giving or receiving reasonable and
justified? Would I be embarrassed to disclose them?
• when a payment or other benefit is being offered or received, do
I know or suspect it is to induce or reward favorable treatment,
to undermine an impartial decision making process or to persuade
someone to do something that would not be in the proper
performance of their job?
POLICIES AND PROCEDURES
All forms of bribery and corruption are prohibited. We will not tolerate
any act of bribery or corruption. Any breach of this policy or local law
could result in disciplinary action being taken and ultimately could result
A bribe does not actually have to take place – just promising to give a
bribe or agreeing to receive one is prohibited.
Bribery is prohibited when dealing with any person whether they are in
the public or private sector and the provisions of this policy are of
general application. However, many countries have specific controls
regarding dealing with public officials and this policy includes specific
requirements in these circumstances.
GIFTS, HOSPITALITY & EXPENSES
Giving or receiving gifts or hospitality is often an important part of
maintaining and developing business relationships. However, all gifts and
hospitality should be for a genuine purpose, reasonable, given in the
ordinary course of business and should comply with the DataPro
Hospitality and Expenses Policy and local laws.
Lavish or unreasonable gifts or hospitality, whether these are given or
received, are unacceptable as they can create the impression that we are
trying to obtain or receive favorable business treatment by providing
individuals with personal benefits. In addition, gifts and hospitality can
themselves be a bribe. Be careful to avoid even the appearance that the
giving or accepting of gifts or hospitality might influence the decisions
you take on behalf of DataPro.
Facilitation payments are any payments, no matter how small, given to an
official to increase the speed at which they do their job. For example,
this could include speeding up customs clearance.
All facilitation payments are generally prohibited. However, your safety
is our primary concern and we understand that there may be
circumstances in which you have no alternative but to make a facilitation
payment in order to protect against loss of life, limb or liberty.
Any request for a facilitation payment should be reported to your local anti-
bribery and corruption officer.
AGENT, DISTRIBUTORS, SUPPLIERS & JOINT VENTURE PARTNERS
DataPro could be liable for the acts of people that act on our behalf.
This includes agents, distributors, suppliers and joint venture partners
(together referred to as “third parties”). As such we are committed to
promoting compliance with effective anti-bribery and corruption policies
by all third parties acting on behalf of DataPro.
All third parties should be made aware of the terms of the DataPro
Third Party Code of Conduct and of their obligations to comply with it.
All arrangements with third parties should be subject to clear
contractual terms including specific provisions requiring them to comply
with minimum standards and procedures in relation to bribery and
corruption. Appropriate wording to be included in contracts can be
obtained from Head of Legal.
You must not engage any third party who you know or reasonably suspect
of engaging in bribery.
Appropriate due diligence should be undertaken before any third parties
are engaged. The appropriate level of due diligence will vary depending on
the circumstances and you should use your judgment on a case by case
Questions you should be asking yourself include:
• who are they – have I seen documents evidencing that they are
who they say they are?
• who else have they worked with – do they have references?
• are they well established with a good reputation or are they more
obscure so that I need to do more to find out about them?
• do they operate in a territory where bribery is prevalent?
• are they happy to sign a contract agreeing to comply with anti-
bribery procedures? Do they have their own anti-bribery programme?
• have I done basic searches such as Google searches, business
directory searches, etc?
• are there inconsistencies between the provider of the services
and the person I am paying?
• are commissions/payments in line with generally accepted market
Some high risk transactions will require further due diligence which may
require independent investigation. Employees will be provided with helpful
guidance and checklists where appropriate to support the due diligence
Entering into any joint venture arrangement without prior approval from
Head of Legal is prohibited.
All payments and commissions to third parties must:
• be made in accordance with policies set by your line manager;
• be made via bank transfer through the accounts payable system
and be fully accounted for;
• must be in line with generally accepted rates and business practice
for the service in question and should not be unjustifiably
excessive or unsupportable; and
• must be made in accordance with the terms of the contract with
the person or company providing the services.
If you have any concerns that arrangements with a third party are not in
accordance with this policy, you should ask your local anti-bribery and
corruption officer for help.
DEALING WITH PUBLIC OFFICIALS
Although this policy applies to both public and private sectors, dealing
with public officials poses a particularly high risk in relation to bribery
due to the strict rules and regulations in many countries.
Public officials include those in government departments, but also
employees of government owned or controlled commercial enterprises,
international organizations, political parties and political candidates.
The provision of money or anything else of value, no matter how small, to
any public official for the purpose of influencing them in their official
capacity is prohibited.
The prior approval of your Compliance Officer is required in relation to:
• any payment in respect of fees, salary or commission (this does
not include official fees);
• gifts and hospitality; and
• making charitable contributions in connection with dealings with a
In addition, many public officials have their own rules regarding the
acceptance of gifts and hospitality, etc, and we must respect these rules
In accordance with the DataPro Code of Ethics, political donations by or
on behalf of DataPro are prohibited.
COMPLIANCE WITH THE POLICY
It is the responsibility of the Compliance officer to ensure compliance
with this policy. However, each of us has an obligation to act with
integrity and to ensure that we understand and comply with the policy.
Ongoing compliance will be monitored and reported by Internal Audit.
Training will be provided to relevant employees to support them in
complying with their responsibilities. If you are not selected for training
but believe that it is relevant for you then please contact the HR
manager for further information. In addition, all employees will be
required to confirm that they have understood and complied with the
DataPro is committed to ensuring that employees can speak up with
confidence if they have any concerns or need to ask for help. If you
suspect or observe anything that you think might be in contravention of
this policy, you have an obligation to report it. You should raise your
concerns with your local anti-bribery and corruption officer in the first
instance. Alternatively, you can report your concerns under the Whistle
DataPro will not tolerate retaliation in any form against anyone for
raising concerns or reporting what they genuinely believe to be improper,
unethical or inappropriate behavior. All reports will be treated