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ABAC Gifts and Corporate Hospitality
Gifts, entertainment and other hospitality are often provided for a legitimate business purpose, such as building legitimate business relationships. However, they also pose special risk to St Barbara because they may compromise, or have the appearance of compromising, the exercise of objective business judgment. Gifts and corporate hospitality must never be used to corruptly or improperly influence business decisions. Before accepting or giving any gift or corporate hospitality, please consider the following to ensure that it meets the mandatory criteria for allowable gifts in accordance with St Barbara’s Anti-Bribery and Anti-Corruption Policy.
a) Is it directly connected to a legitimate business purpose or activity (for example, building a business relationship or continuing a business discussion over a meal)?
b) Is it of an appropriate value/nature in line with common business courtesies and considering local custom, the position of the recipient and the circumstances and otherwise complies with the limits and requirements of the ABAC Policy?
c) Is it being offered or received at a time when it could be perceived to impair objective business judgement, for example, when a regulatory approval (such as the granting of permits or licences) is being considered by that person or official (or their department), when a tender is pending, or a transaction is under negotiation?
d) Can the proposed recipient appropriately accept any such Gift (many government officials and other private sector representatives cannot do so under local laws or their own code of conduct)?
e) Is the proposed recipient commonly or regularly in a position to exercise discretionary decision-making authority regarding some aspect of St Barbara’s business?
f) Would the giving or acceptance of the Gift cause a third party to form an impression that there is an improper connection between that Gift and a business opportunity?
If you answered “No” to any of (a), (b), (d), or “Yes” to any of (c), (e), or (f), then the gift or hospitality may not meet St Barbara’s mandatory criteria for allowable gifts. You should discuss it with your Immediate Manager and/or Manager-Once-Removed, and seek legal advice from the Manager Lega. |
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| Please indicate where you, the Declarant, are based: |
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| What is the name of the giver? | | |
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| What is giver's job/role title? | | |
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| What organisation does the giver represent? | | |
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Is the giver of the gift a public official?
Public Official is a broad term and includes:
- any elected member of a government legislature, official or employee of a government (in any case whether national, state/provincial or local) or agency, department or instrumentality of any government (including legislative, judiciary and executive personnel and including all levels);
- any official or employee of a government-owned or controlled entity or enterprise;
- any official or employee of any public international organisation (for example, the UN, the World Bank, the IFC, etc);
- any person acting in an official function or capacity for such government, agency, instrumentality, entity or organisation;
- any person who holds or performs the duties of any appointment created by custom or convention or who otherwise acts in an official capacity (including some indigenous or tribal leaders or community sector leaders who are authorised and empowered to act on behalf of the relevant group of indigenous peoples; and members of royal families);
- any political party, party official or candidate of a political party or for political office
- any person who holds themselves out to be an authorised intermediary of a public official; or
- a close relative (sibling, spouse, parent or child) of any of the above). |
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| What is the gift recipients role/job title? | | |
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| What organisation does the recipient represent? |
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| Describe the nature and number of gifts/corporate hospitality received: | | |
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