Anti-Bribery & Corruption Policy
Kalooki Pictures Limited (“Kalooki”) is committed to operating a corruption-free regime and conducting its business and any dealings with third parties professionally, with integrity and in compliance with all legal obligations. Kalooki will not tolerate any form of bribery, corruption or related malpractice and expects its employees and any third parties acting on its behalf to adopt a similar approach. Third parties would include any individual or organisation which is engaged by Kalooki, or acts on behalf of an individual or organisation which is engaged by Kalooki and would cover freelancers, agents, talent, sub-contractors and fixers (each a “Third Party”).
This Bribery Policy explains what is required of any person or Third Party employed or engaged by Kalooki, and what action must be taken by such person or Third Party should it encounter or suspect corruption or bribery of any kind whilst working for or with Kalooki.
A bribe is an inducement offered or given in return for an improper advantage (commercial or personal gain). The English Bribery Act sets our four specific criminal offences which constitute “bribery” which include: (i) to offer or give a bribe; (ii) to request, agree to receive or accept a bribe; (iii) to bribe a foreign public official; and, (iv) failure by a company to prevent bribery by an associated person acting for that company’s benefit.
The offence outlined at number (iv) above refers to “associated persons” of an organisation. This is intended to cover the entire range of persons that may perform services for or on behalf of an organisation, including employees, freelancers, agents, suppliers and subsidiaries. It is unsurprising therefore that Kalooki expects all of its employees and Third Parties at all times to comply with this policy and respect the law.
Hospitality and Gifts
Kalooki recognises that hospitality is, for the most part, an accepted form of business in order to establish or build on good business relations. However, care must always be taken to ensure that the gift/hospitality that is given or received by/from Kalooki or Third Parties is reasonable and appropriate given the particular set of circumstances.
Kalooki expects that employees and Third Parties will, at all times, consider whether the giver of the gift/hospitality is hoping to persuade, induce or oblige the recipient to act improperly (as opposed to contributing to a legitimate business relationship) it could be deemed as bribery. Any gift received that is in excess of £50 must be entered in Kalooki’s Hospitality & Gift Register.
In the event that an employee of or Third Party acting on behalf of Kalooki is engaged as a fixer abroad on a television location shoot, it is illegal (as set out above) for that person to give to a foreign public official any payment to facilitate the shoot, as this will be constitute a bribe.
All employees and Third Parties away on location out of the UK should be aware that they could be as an individual, and, as they are acting on behalf of Kalooki, also render Kalooki, in breach of English law if they offer a facilitation payment. Kalooki expects all employees and Third Parties who may find themselves abroad on shoots to seek local advice on disguised requests for such facilitation payments; question the authority of those demanding any payments and ask to confirm such authority with superiors; always require receipts for any payments made; and, perhaps to build in extra time to cover potential delays as a result of non-payment.
Code of Conduct:
When working for, with or on behalf of Kalooki it is never acceptable for employees or Third Parties (or someone on behalf of the Third Party) to:
Offer or give a payment, gift or hospitality with the intention that a business advantage will be received solely because of the inducement (rather than because of a bona fide commercial reason for providing the advantage, such as a lower price, better service etc), or to reward a business advantage already given; AND/OR
Offer or give a payment, gift or hospitality to a government official, agent or representative to "facilitate" or expedite a routine procedure both at home or abroad; AND/OR
Receive/accept a payment, gift or hospitality from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for that party; AND/OR
Receive/accept a payment, gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by Kalooki in return; AND/OR
Engage in any activity whatsoever that might lead to a breach of this policy or in contravention of English law against bribery.
Monitoring & Review
The board of directors of Kalooki will regularly review this policy, assessing the efficacy of both the terms and implementation of its code of conduct. Any necessary improvements identified will be made as soon as possible in order to ensure that Kalooki’s internal commitment to countering bribery and corruption is sustained and upheld by all employees and Third Parties.
If you have any questions about this policy or the code of conduct outlined above, or, suspect that any malpractice in relation to bribery or corruption have taken place, please contact the Business & Legal Affairs team, or a senior member of staff without delay.