Requirements

The Project Owner, and all Suppliers and Sub-suppliers, should, for the duration of their participation in the Project:

1. comply with, and ensure that all of their relevant personnel comply with, an anti-corruption code of conduct in relation to all of their Project activities which is the same as or materially equivalent to the sample Project Code of Conduct below (“the Project Code of Conduct”)
2. ensure that all of their relevant personnel are given a copy of the Project Code of Conduct immediately upon their commencing work in relation to the Project, and that all such personnel sign a confirmation that they will comply with the Project Code of Conduct
3. post up an easily visible copy of the Project Code of Conduct at any office location where they are undertaking Project activities.

Project Code of Conduct

All organisations and individuals participating in [name of Project] (“the Project”) must comply with the following obligations in relation to the Project:

You must:

• • behave in a manner which is truthful, honest, and fair
  • comply with all laws, regulations, Project procedures and Project contractual commitments which are applicable to you.

You must not participate in any criminal activity.  In particular, you must not:

• • defraud or deceive anyone
  • offer, give, request, or accept a bribe, or any other unlawful payment, benefit, or advantage
  • make or receive any payment except to the extent that such payment is legitimate payment for legitimate services
  • participate in any unlawful cartel or price fixing arrangement
  • abuse the powers with which you have been entrusted
  • embezzle or misuse funds with which you have been entrusted
  • participate in any money laundering activity
  • plan, facilitate, or help to conceal any of the above actions.

You must not participate in any activity which could constitute, or be seen to constitute, an improper influence or conflict of interest.  In particular, you must not:

• • offer, give, request, or accept any gift, hospitality, entertainment, donation, or other similar benefit to or from any public official or any other person in relation to the Project (other than persons who work in the same organisation as you)
  • participate in situations in which your own, or your family’s or friends’ or associates’, personal or business interests could conflict with your professional or employment functions or responsibilities in relation to the Project.

You must not knowingly or recklessly:

• • provide false, inaccurate, or misleading information
  • withhold information which another person has the right to see, or where such withholding could mislead another person
  • provide or conceal work, materials, products, equipment, or services which are not of the quality and quantity required under law or contract
  • make or submit false, inaccurate, misleading, or exaggerated records, invoices, claims, applications for contract modifications or extensions of time, or requests for payment
  • approve work, materials, products, equipment, or services which are not of the quality and quantity required under law or contract
  • without good reason refuse or fail to approve, or delay in approving, work, materials, products, equipment, services, invoices, claims, applications for contract modifications or extensions of time, or requests for payment
  • recommend payment or approve payment for work, materials, products, equipment, services, or claims which are not of the quality and quantity required under law or contract, or where the payment is not contractually due
  • without good reason refuse or fail to pay, or delay in paying, sums due.

Where you have a management responsibility over any function, activity or personnel, you must, in relation to such function, activity or personnel:

• • not authorise or condone any corrupt activity
  • take reasonable and proportionate measures to prevent any corrupt activity from occurring
  • in the event that any corrupt activity is reported or suspected, take reasonable and appropriate steps to investigate and deal with such corruption.

Where you have a duty to act impartially, such as in relation to the evaluation of tenders, or the approval or certification of payments, extensions of time, contract modifications, or the value, quantity, or quality of work, materials, products, equipment, services or claims, then you must make all decisions in this regard impartially and free from improper outside influence.

Direct and indirect actions:  The above principles apply to any actions taken by you either directly or through or on behalf of any other person or organisation.

Co-operation with the independent monitor and independent auditor:  In relation to the performance by the independent monitor and independent auditor of their duties in relation to the Project, you must at all times:

• • co-operate fully with the independent monitor and independent auditor
  • not interfere with or try to influence the independent monitor and independent auditor
  • without requiring advance notice, allow the independent monitor and independent auditor unrestricted access to you, your office, Project premises and site locations, records, correspondence, work, materials, products, and equipment.

Reporting of breach of this Code of Conduct:  If you believe in good faith or on reasonable grounds that any person has breached or is about to breach any part of this Code of Conduct, then you must report such suspicion as soon as possible under the reporting system set up by the Project Owner which can be accessed at [website link].  In all cases, you may report anonymously.  If you do not make your report anonymously, you may, at the time of reporting, request that your identity is kept confidential.