Gifts & Hspitality Effective Date Authr Owner Apprval Last Review Revise Date August 2017 Iain Simm Jeremy Arn Miles Rberts Nvember 2011 August 2019 The Pwer f Less www.dssmith.cm
Gifts and Hspitality Plicy Statement This dcument sets ut the DS Smith Grup s plicy and yur respnsibilities n the giving and receiving f Gifts and Hspitality. The Plicy can be fund n DS Smith Grup Plexus at http://plexus.dss.dssmithgrup.lcal. The DS Smith Grup recgnises that the act f giving and accepting gifts can be part f building nrmal business relatinships. In different gegraphical lcatins this practice can vary significantly, ften depending n lcal laws and specific custms. Hwever, sme gifts and hspitality can create imprper influence and cnflicts f interests. In sme instances they can be viewed as bribes that culd damage the DS Smith Grup s reputatin r even break the law. Yu must never accept a gift r hspitality which culd cmprmise yur business judgment, culd cnflict with yur duty t the DS Smith Grup and/r the DS Smith Grup s clients r which culd appear t thers that yur business judgment has been cmprmised r imprperly influenced. Equally, yu must never ffer a gift r hspitality which culd have this effect n the recipient. Emplyees are required t reprt any circumstances which are in breach f this Gifts and Hspitality Plicy. In the first instance, yu shuld reprt any prblems r cncerns t yur line manager. If yu are nt cmfrtable ding this then there are three Speak Up! ptins available t yu: Yu can make a reprt thrugh the Speak Up! dedicated free phne line (see psters fr the freephne number fr yur cuntry); Yu can make a reprt thrugh the secure website https://wrs.explink.c.uk//dssmith Yu can call r send an email t the Grup General Cunsel & Cmpany Secretary (Telephne: +44 (0)20 7756 1835 r email: iain.simm@dssmith.cm). All reprted incidences f actual r suspected breaches will be prmptly and thrughly investigated. Yu are required t cmply with this Plicy at all times and withut exceptin. Failure t d s will be treated as a disciplinary matter and may lead t dismissal. Miles Rberts Grup Chief Executive December 2017 The Pwer f Less www.dssmith.cm
1. Summary f Key Pints 1.1 Yu must never accept a gift r hspitality which culd cmprmise yur business judgment, culd cnflict with yur duty t the DS Smith Grup and/r DS Smith Grup custmers, culd encurage yu t act imprperly r which culd appear t thers that yur business judgment has been cmprmised. 1.2 Yu must never ffer a gift r hspitality which; culd cmprmise the recipient s business judgment, culd cnflict with their duty t their emplyer and/r clients, culd encurage them t act imprperly where it was yur intentin that they d s, r which culd appear t thers that their business judgment has been cmprmised. 1.3 Cash must never be ffered r received. 1.4 N gifts, travel, entertainment r hspitality shuld be ffered r given t relatives r Assciated Persns f any Freign Public Official. 1.5 Payment f travel, entertainment r hspitality fr Freign Public Officials shuld nt be made directly t a Freign Public Official. Instead, payment shuld be made directly t suppliers/prviders r, if that is nt pssible, t the gvernment r gvernmental agency with which the Freign Public Official is assciated. 1.6 Yu must refuse all gifts and hspitality which are lavish, inapprpriate r excessive. 1.7 Yu shuld ntify yur Line Manager and the Grup General Cunsel & Cmpany Secretary that yu have returned the gift r declined the hspitality. 1.8 Yu must nt ffer, either directly r indirectly, any gift r hspitality with the intentin that the recipient f that hspitality be influenced t act imprperly r grant a business advantage r prevent a disadvantage t the DS Smith Grup. 1.9 Yu must never ask fr r slicit gifts r hspitality. 1.10 Gifts and hspitality (given r received) less than the value f 50 // $50 d nt require apprval frm yur Line Manager, and d nt need t be entered in a Gifts & Hspitality Register, unless given t r received frm a Freign Gvernment Official. 1.11 Apprval frm yur Line Manager must be btained befre: giving r receiving any gift ver the value f 100 // $100; giving r receiving any hspitality ver the value f 100 // $100 per persn; giving r receiving any gift r hspitality f any value t r frm a Freign Gvernment Official. 1.12 Yu must be able t prve the value f any gift ver 100 // $100 r hspitality received ver 100 // $100 per persn. 1.13 Apprval frm yur Line Manager and the Grup General Cunsel & Cmpany Secretary must be btained befre: receiving any gift ver the value f 500 // $500; receiving any hspitality ver the value f 500 // $500 per persn. The Pwer f Less www.dssmith.cm
1.14 See Sectin 4 in respect f giving gifts r hspitality ver 500//$500. 1.14 Any time ff wrk which is taken as a result f receiving a gift r hspitality must be agreed with yur Line Manager. 1.15 Each Divisin is required t maintain a Gifts & Hspitality Register recrding all gifts and hspitality ffered and received, regardless f amunt, ther than thse falling within the exceptin set ut in 1.10 abve. 1.16 Fr purpses f apprvals under this Plicy, the cst f any travel resulting frm receiving a gift r hspitality must be included in the ttal cst f the gift r hspitality received (but see sectin 6 belw). 1.17 If yu are in any dubt as t whether t accept a gift r hspitality yu shuld cnsult yur Line Manager and/r the Grup General Cunsel & Cmpany Secretary. 1.18 If yu have any questins regarding this Plicy please cntact the Grup General Cunsel & Cmpany Secretary. 2. Definitins 2.1 Gifts: Fr the purpse f this Plicy the wrd gift r gifts means any tangible item(s) prvided by a persn r entity with which the DS Smith Grup has a current r ptential business relatinship. Fr the avidance f dubt, tickets t any event where the dnr is nt present will be classed as a gift. 2.2 Hspitality: Fr the purpse f this Plicy the wrd hspitality means all frms f entertainment where the dnr is present. It includes, but is nt limited t, lunches, dinners, parties, sprting events, cultural events r seminars. Entertainment prvided by the DS Smith Grup at any DS Smith Grup ffice is subject t this Plicy. Where accmmdatin is a necessity, reasnable accmmdatin expenses can be accepted/prvided as part f the hspitality. Where travel is a necessity, reasnable travel expenses can be accepted/prvided as part f the hspitality but the cst must be included as part f the apprval amunt under this Plicy. 2.3 Freign Public Official: Fr the purpse f this Plicy Freign Public Officials means fficials f any gvernment department r agency; fficials f any public internatinal rganisatin (eg. the United Natins); plitical parties and party leaders; The Pwer f Less www.dssmith.cm
candidates fr public ffice; executives and emplyees f gvernment-wned r gvernment-run cmpanies (such as a dctr in a state-cntrlled hspital); anyne acting n behalf f any f these fficials; an individual hlding a legislative, administrative r judicial psitin, r any Assciated Persn f any such individuals. 2.4 Assciated Persn: Fr the purpse f this Plicy, an Assciated Persn is any persn clsely assciated with yu, including but nt limited t a spuse, partner, child, ther family member r friend. 3. Receiving Gifts & Hspitality ( G&H ) 3.1 It is an ffence under the UK Bribery Act 2010 t directly r indirectly request, agree t receive r accept a gift intending that, in cnsequence, a relevant functin r activity be perfrmed imprperly. It is als an ffence if the request, agreement r acceptance f it itself cnstitutes imprper perfrmance f a relevant functin. Lavish r extrardinary hspitality may lead t a cnclusin f bribery. Mst rutine and inexpensive hspitality is unlikely t lead t a reasnable expectatin f imprper cnduct. Please see the Anti-Bribery and Anti-Crruptin Plicy fr details f enfrcement and discipline fr bribery and crruptin ffences. 3.2 Gifts received with a value f 500 // $500 r mre Yu must btain prir apprval frm yur Line Manager and the Grup General Cunsel & Cmpany Secretary t accept gifts with a value f 500 // $500 r mre r fr any gifts received frm Freign Public Officials. Yu d this by cmpleting the G&H Dispensed/Received Frm available n Plexus at http://plexus.dss.dssmithgrup.lcal and appended t this Plicy. Where pssible, yu must attach dcumentary evidence cnfirming the value f the gift with the G&H Dispensed/Received Frm. If yu want t keep the gift, yu will be required t dnate an amunt equivalent t the value f the gift t a DS Smith Grup nminated charity. If yu decide nt t keep the gift then the gift shuld be prvided t the Grup General Cunsel & Cmpany Secretary wh will arrange fr it t be dnated t charity r sld and the mney raised t be dnated t a DS Smith Grup nminated charity. If yu decide t return the gift t the dnr, yu must ntify yur Line Manager and the Grup General Cunsel & Cmpany Secretary stating wh prvided the gift, what the gift was, its value and why yu returned it. When yu receive a gift yu must treat the whle gift as having been received by yu. Yu may nt (where pssible) split the gift between thers t reduce the value f the gift (e.g. a case f wine). Therefre if the value f the gift is valued The Pwer f Less www.dssmith.cm
at 500 // $500 r mre yu will need t fllw the apprved prcess if yu wish t retain this gift. 3.3 Hspitality received with a value in excess f 500 // $500 Yu must btain prir apprval frm yur Line Manager and the Grup General Cunsel & Cmpany Secretary t accept hspitality with a value f 500 // $500 r mre r fr any hspitality prvided by a Freign Public Official. Yu d this by cmpleting the G&H Dispensed/Received Frm. Where pssible, yu must attach dcumentary evidence cnfirming the value f the hspitality with the G&H Dispensed/Received Frm. 4. Dispensing Gifts & Hspitality 4.1 It is an ffence under the UK Bribery Act 2010 t directly r indirectly ffer, prmise r give hspitality with the intentin that the recipient f the hspitality be influenced t act imprperly. It is als an ffence if yu knw r believe that acceptance f the hspitality wuld f itself cnstitute the imprper perfrmance f a relevant functin r activity. Lavish r extrardinary hspitality may lead t a cnclusin f bribery. Mst rutine and inexpensive hspitality is unlikely t lead t a reasnable expectatin f imprper cnduct. Please see the Anti-Bribery and Anti-Crruptin Plicy fr details f enfrcement and discipline fr bribery and crruptin ffences. 4.2 Gifts/Hspitality dispensed with a value in excess f 500 // $500 per persn Yu must btain prir apprval frm yur Line Manager and the Grup General Cunsel & Cmpany Secretary fr dispensing any gift r hspitality with a value f 500 // $500 per persn and/r ttal value f 5000 // $5000 r mre. In additin yu must btain prir apprval frm yur Divisinal CEO fr dispensing any gift r hspitality with a ttal value f 500//$500 r mre per custmer. Apprval can be btained by cmpleting the G&H Dispensed/ Received Frm available n Plexus (http://plexus.dss.dssmithgrup.lcal) and appended t this Plicy. This applies t all gifts/hspitality with a value in excess f 500 // $500 per persn and/r a ttal value f 500 // $500 per custmer and/r ttal value f 5000//$5000, including any such hspitality included in department budgets (e.g. payment fr private bx at a cncert venue). Yu must btain prir apprval frm the Grup General Cunsel & Cmpany Secretary fr dispensing any gift r hspitality f any value fr the benefit f a Freign Public Official. Apprval can be btained by cmpleting the G&H Dispensed/Received Frm. In additin, attentin must be given t hw frequently gifts/hspitality are prvided r accepted. 4.3 Giving r receiving any gift r hspitality with a value f ver 100 // $100 but less The Pwer f Less www.dssmith.cm
than 500 // $500 requires the apprval f yur Line Manager. All gifts and hspitality, whether dispensed r received, and whether r nt they exceed the financial threshlds referred t abve, must be disclsed n a G&H register t be maintained by the Finance Directr fr that Divisin. 4.4 In the event that actual names f attendees r ther infrmatin are nt finalised when apprval is sught/btained, this infrmatin must be prvided as sn as it is available and the riginal G&H Frm must be re-signed by all the signatries t cnfirm final apprval. 5. G&H Register 5.1 The G&H Register must be cmpleted and signed by the relevant Line Manager and returned t the Finance Directr fr each Divisin n later than the fifth business day after the preceding mnth end. 6. Travel ut f the cuntry f residence 6.1 The DS Smith Grup will nt rdinarily pay fr travel away frm their cuntry f residence fr clients it is entertaining and where DS Smith Grup emplyees are being entertained, the DS Smith Grup (where apprved) r the emplyees will pay fr any travel ut f their cuntry f residence. 6.2 This rule may be waived with the agreement f the Line Manager in certain exceptinal circumstances. If the Line Manager wishes t waive this rule, they must dcument their justificatin and cnfirm that in waiving the rule they are nt creating any significant cnflict fr the recipient f such travel. This justificatin must be attached t the relevant frm when it is submitted t the Grup General Cunsel & Cmpany Secretary fr apprval. When declaring the estimated value f the gift r hspitality given r received, where applicable, this must include the cst f any such travel. 6.3 The DS Smith Grup will nt pay fr travel ut f their cuntry f residence f any Assciated Persn t attend any event whatsever unless apprved by the Grup Finance Directr r Grup General Cunsel & Cmpany Secretary. 7. Assciated Persns 7.1 Receiving Gifts and Hspitality Where an Assciated Persn attends r receives a gift because f yur rle in the DS Smith Grup yu must apply the requirements in this Plicy as if the gift/hspitality had been given t yu. 7.2 Gifts received by Assciated Persns Where an Assciated Persn receives a gift because f yur rle in the DS Smith Grup the value f the gift received must be added t the value f any gift received The Pwer f Less www.dssmith.cm
by yu and if the ttal value f the gift is 100 // $100 r mre yu will need t btain prir apprval t retain this gift. 7.3 Hspitality received by Assciated Persns Where an Assciated Persn accmpanies yu t an event, the value f the hspitality fr the persn(s) accmpanying yu must be added t the value f the event fr yu. Fr example, if yu and yur partner attend an event which is valued at 100 // $100 per persn, the value f the hspitality t yu is cnsidered t be 200 // $200. If the ttal value f the hspitality is 100 // $100 r mre yu will need t btain prir apprval t attend this event. 7.4 DS Smith Grup Hspitality and Assciated Persns Where DS Smith Grup is prviding the hspitality, any DS Smith Grup emplyees and Assciated Persns attending the event are discunted in arriving at the event cst per persn figure. Fr example, the DS Smith Grup invites fur business guests and their partners (eight peple) and tw DS Smith Grup emplyees and their partners (fur peple), wh will act as hsts, t an event. The ttal cst f the event is 2,400 // $2,400. Whilst 12 peple are attending, nly fur f them are business cntacts, therefre the cst per persn fr the event will be 400 / $400 ( 2,400 less 800 ($2,400 less $800) - the cst f the DS Smith Grup attendees = 1,600 // $1,600 divided by fur). Please see Sectins 4, 5 and 6 fr the prir apprval and disclsure requirements. 8. Hlidays 8.1 It is the Line Manager s decisin n whether t require the persn receiving hspitality which will take place during nrmal wrking hurs, t take the time ff as hliday. The Pwer f Less www.dssmith.cm
DS SMITH GROUP GIFTS AND HOSPITALITY DISPENSED/RECEIVED FORM Name f Emplyee Title & Department Name f Custmer & Name f Organisatin Psitin f Custmer Existing r New Custmer EXISTING / NEW (Delete as applicable) Number f times Gift r Hspitality dispensed/received t/frm this Custmer ver past 12 mnths Is Custmer a Gvernment Official? YES / NO (Delete as applicable) Descriptin f Gift and/r Hspitality dispensed/received Date Gift and/r Hspitality dispensed/received Value f Gift and/r Hspitality dispensed/received // $ Reasn fr Gift and/r Hspitality being dispensed/received Evidence f value f Gift and/r Hspitality attached If entertainment, will dnr be present at entertainment? YES / NO (Delete as applicable) YES / NO (Delete as applicable) Emplyee signature Date The Pwer f Less www.dssmith.cm
Authrisatin required as fllws: Apprval frm Line Manager must be btained befre: 1. giving r receiving any gift ver the value f 100 // $100; 2. giving r receiving any hspitality ver the value f 100 // $100 per persn; 3. giving r receiving any gift r hspitality f any value t r frm a Freign Gvernment Official. Apprval frm Line Manager and the Grup General Cunsel & Cmpany Secretary must be btained befre: - giving r receiving any gift ver the value f 500// $500; - giving r receiving any hspitality ver the value f 500 // $500 per persn. giving r receiving any hspitality ver the value f 5000//$5000.Apprval frm Divisinal CEO must be btained befre giving r receiving any hspitality ver the value f 500//$500 per custmer. Fr Official Use nly Authrised: Authrised by Line Manager/Divisinal CEO (Name) Signed Date Authrised by Grup General Cunsel & Cmpany Secretary Signed Date The Pwer f Less www.dssmith.cm
Rejected: Rejected by (Name) Signed Date Reasn fr Rejectin The Pwer f Less www.dssmith.cm