Introduction

Mathys & Squire LLP ** values its reputation for the highest standards of ethical behaviour and for financial probity in the conduct of its business. Bribery and corruption are punishable for individuals by up to ten years' imprisonment and if the LLP is found to have taken part in corruption, it could face an unlimited fine and/or be excluded from tendering for public contracts. A single act of bribery or corruption can lead to criminal charges, together with fines for individuals and the LLP in multiple countries. The LLP therefore takes its legal responsibilities very seriously. Quite apart from the potential for criminal action, any involvement in bribery is a direct reflection on the LLP’s image and reputation.

Mathys & Squire LLP takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships wherever it operates. The LLP’s aim therefore, is to limit its exposure to bribery by:

• Setting out a clear anti-bribery policy;
• Giving clear guidance as to what is acceptable behaviour in conducting the LLP’s business;
• Conducting a rigorous risk assessment of the LLP and its operations;
• Encouraging  employees to be vigilant and to report any suspicion of bribery, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately;
• Rigorously investigating instances of alleged bribery and assisting the police and other appropriate authorities in any resultant prosecution; and
• Taking firm and swift action against any individuals, groups or companies employed by the LLP that are involved in bribery.

The Policy

Mathys & Squire LLP prohibits:

The giving or receiving, the offering or the solicitation of, any bribe, whether cash or other inducement

to or from

any person, group or company, from whatever country, irrespective of whether they are a private person, public official, corporate or public body

by
any individual member, employee, agent or other person or body acting on the LLP's behalf

in order to

gain any commercial, contractual or regulatory advantage for the LLP in a way which is unethical

or in order to

gain any personal advantage, pecuniary or otherwise, for themselves or anyone connected with them.

Further Clarification

Mathys & Squire LLP recognises that market practice varies across the territories in which it does business and what is normal and acceptable in one place may not be in another. This policy prohibits any inducement which results in a personal gain or advantage to the recipient, or any person or body associated with them, and which is intended to influence them to take action which may not be solely in the interests of the LLP or of the person or body employing them or whom they represent.

This policy is not meant to prohibit the following practices provided they are customary in a particular market, are proportionate and are properly recorded:

• normal and appropriate hospitality, provided it is not made with the intention of influencing a client or third party to supply an unfair business advantage;
• the giving of modest personal or ceremonial gifts on a festival or at another special time;
• the giving of Mathys & Squire LLP branded items for promotional purposes;
• the use of any recognised fast-track process which is available to all on payment of a fee; or 
• charitable donations

Facilitation Payments

Facilitation payments (namely small payments made to public officials in order to solve a problem, or expedite a particular course of action, such as are commonplace in many countries and under the legislation of some countries are distinguished from bribery) are prohibited, whatever their size or purpose. 

Decisions as to what is acceptable may not always be easy. If there is doubt as to whether a potential act constitutes bribery, internal guidance is to be sought from Senior Equity Members of the LLP.

Responsibility

The prevention, detection and reporting of bribery is the responsibility of all members, employees and consultants of the LLP. All members, employees or consultants can report confidentially any suspicion of bribery to any Senior Equity Members of the LLP.

Record Keeping And Reporting

Mathys & Squire LLP requires the keeping of records of any actions that could potentially be interpreted as bribery and that any such actions be reported to a Senior Equity Member of the LLP.

January 2012 (updated) 

** All references to Mathys & Squire LLP and or LLP, are references to Mathys & Squire LLP, its subsidiaries and related service companies.