Doc Title:Anti-Bribery and Corruption – Third Party Declaration / Doc ID: ADMS-111-18486
Status:Effective / Effective Date:13/07/2017 / Page:1 of 4
Anti-Bribery and Corruption – Third Party Declaration
The Ausdrill group of companies (Ausdrill Group) is committed to undertaking business with integrity, in compliance with:
- all applicable laws; and
- the Ausdrill Group’s Anti-Bribery Policy and Anti-Bribery Management Standard (Anti-Bribery Policy and Standard), copies of which are attached.
Ausdrill companies will only consider entering into business relationships with other parties where Ausdrill is satisfied that the other parties share these commitments. Ausdrillrequires third parties it deals with to familiarise themselves with theAusdrill Anti-Bribery Policy and Standardand to complete and sign this declaration and return it to Ausdrill at
Legal name: / (the “Third Party”)Registered Address:
Business Registration Number (e.g. ABN):
Details of legal and beneficial owners:
Previous or other trading names:
Please answer the following questions, in relation to the Third Party, its directors, officers and key management personnel and any personnel of the Third Party involved in any current work orwho may be involved in any proposed work for the Ausdrill Group (collectively, referred to as “Relevant Personnel”).
Please tick the appropriate box / Yes / No(a) / Have all Relevant Personnel read and understood and will they comply with the Ausdrill Anti-Bribery Policy and Standard, as if they were employees of the Ausdrill Group?
If no, will all Relevant Personnel comply with the Third Party’s own codes, policies or procedures? Please list and provide copies of these for approval by the Ausdrill Group.
(b) / Has the Third Party been subject to or received any prosecutions, regulatory notices, tendering restrictions, sanction notices, litigation or arbitration concerning allegations of fraud, bribery, ethical-business practices or corruption or environmental or safety breaches?
If yes, please provide details and a contact person for further discussion if required.
(c) / Are any Relevant Personnel:
(i)currently a public official1?
(ii)formerly a public official1?
(iii)a relative of or otherwise connected to a public official1?
(iv)involved in any business relationship with a public official1?
If yes, please provide details and a contact person for further discussion if required.
1A public official is an individual who holds a legislative, government, administrative or judicial position (whether appointed or elected) of any country, state or territory and includes their representatives.
(d) / Do any Relevant Personnel have personal relationships with any person from the Ausdrill Group who is involved directly or indirectly with the potential business relationship?
If yes, please provide details and a contact person for further discussion if required.
(e) / Are all Relevant Personnel of good character and repute?
(f) / Have any Relevant Personnel been found guilty in relation to any criminal offence in the last five years?
(g) / Are any Relevant Personnel currently the subject of any official investigation or inquiry into alleged criminal conduct?
If no to (e) or yes to (f) or (g), please provide details and a contact person for further discussion if required.
(h) / Has slavery, forced or child labour been used anywhere by the Third Party or, to the best of the Third Party’s knowledge, by any direct suppliers to the Third Party?
If yes, please provide details and a contact person for further discussion if required.
DECLARATION
The Third Party acknowledges, agrees, and declares as follows:
- General
The Third Party:
(a)shares the Ausdrill Group’s approach to promoting good ethical practices;
(b)will encourage a culture of openness where any behaviours that may breach the Ausdrill Anti-Bribery Policy and Standard are investigated and dealt with appropriately;
(c)will, and it will cause its Relevant Personnel to, comply withthe Ausdrill Anti-Bribery Policy and Standard (or its own code, where Ausdrill approval has been given);
(d)confirms it is legal for the Third Party to enter into the potential business relationship with Ausdrill and the Third Party has all necessary licences, permits, consents, skills and experiences to do so; and
(e)confirms the answers provided above are true and correct.
- Anti-corruption and anti-fraud
Notwithstanding any other provision of any agreement or contract entered into between the Third Party and any company in the Ausdrill Group, the Third Party shall ensure that it and its Relevant Personnel:
(a)comply with all applicable legislative and statutory requirements relating to anti-bribery and anti-corruption;
(b)not engage in any activity, practice or conduct which would constitute an offence under any anti-bribery and/or anti-corruption legislative and statutory requirements which are applicable to the parties or to any services or goods being provided by the Third Party;
(c)comply with the Ausdrill Anti-Bribery Policy and Standard or any anti-corruption compliance policy of Ausdrill as provided by Ausdrill and updated by Ausdrill from time to time;
(d)promptly report to Ausdrill any request or demand for any undue financial or other advantage of any kind received by the Third Party in connection with its business; and
(e)immediately notify Ausdrill in writing if a public official becomes an officer or employee of the Third Party or acquires a direct or indirect interest in the Third Party, and the Third Party warrants that it currently has no public officials as officers, employees or direct or indirect owners.
- Responsibility for Relevant Personnel
The Third Party shall be responsible for the compliance, observance and performance by all Relevant Personnel of the matters set out above in this declaration (Relevant Terms), and shall be directly liable to Ausdrill for any breach by Relevant Personnel of any of the Relevant Terms.
- Third Party warranty as to anti-bribery and compliance with Human Rights
The Third Party represents and warrants that in relation to all its business dealings with the Ausdrill Group (Business Dealings):
(a)to the best of the Third Party’s knowledge none of its subcontractors or employees have given or offered to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or other thing of value, as an inducement or reward: -
(i)for doing or forbearing to do any action in relation to the Business Dealings; or
(ii)for showing or forbearing to show favour or disfavour to any Person in relation to the Business Dealings;
(b)it shall ensure that no monies paid to it by Ausdrill in relation to the Business Dealings shall be used by the Third Party or Relevant Personnel for bribery or similar illegal activity.
- Sanctions
If the Third Party enters into (or has entered into) contractual relations with another party, the Third Party shall take reasonable steps to ensure that:
(a)all applicable national and international export control regulations are complied with;
(b)there will be no infringement of an embargo imposed by the European Union, United Kingdom, United States of America and/ or by the United Nations, also considering the limitations of domestic business and prohibitions of by-passing;
(c)in relation to goods, works or services provided by and/ or supplied to the other party, these are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorisation, unless required authorisation is provided; and
(d)the regulations applicable to sanctioned persons concerning the trading with entities, persons and organisations listed therein are complied with.
- Failure to comply
If the Third Party fails to comply with any of the matters set out in this declaration, the Third Party shall be deemed to be in default of a material obligation in the Business Dealings and Ausdrill will be entitled to terminate any or all contracts or agreements with the Third Party relating to or evidencing the Business Dealings.
Signed for and on behalf of the Third Party by:Name:
Position:
Telephone:
Email:
Date: / Click here to enter a date. /
Uncontrolled in Hard Copy