Anti-bribery & Corruption

Bribery is an act of giving or promising money or any other gift or advantage to a person in order to influence the performance of his or her duties. The recipient of a bribe may be a government official of any kind, a judicial officer, an officer of a private company as well as a private person who is entrusted to administer or manage the property of a third party or to protect such third party’s rights and interests. It is not relevant whether the bribe is provided in order for such a person to breach his or her duties or, on the contrary, to perform his or her duties duly when he or she fails to do so otherwise.

Firm strictly rejects and condemns all forms of bribery. Firm believes that bribery is a major cause of injustice, harms society and prevents many countries to become members of the family of highly developed countries.

Depending on the jurisdiction in question, individuals involved in bribery face high penalties, imprisonment and/or disbarment. Damages may be also claimed against a person who committed bribery. On top of that Firm as a legal person could face criminal prosecution in some jurisdictions that might result in high penalties, the loss of its reputation, an obligation to remedy damages or even punitive dissolution.

Aside from the simple form of bribery when money or a gift is given directly to the target person there exist other more sophisticated forms. As follows: Indirect bribery occurs when the money is requested by a third party instead of the person who is to be influenced. Such bribery is often disguised as consulting or other services provided by such a third party. A kickback is a de facto commission being requested by a government or company official in consideration of awarding a contract to a certain supplier or business partner. Alternatively, such payment may be required for awarding a contract that is unfairly advantageous for the supplier or business partner, in which case such an act may be also considered as fraud. Unjustified discounts, free services, donations or a sponsorship, as well as other advantageous deals (stock options, a discounted sale of property, employment), may also be granted instead of a simple gift or money to influence a person. Expensive entertainment, such as free travel or invitations to restaurants, bars or nightclubs that exceeds normal hospitality Gratuities (tips) paid to the official providing a service on behalf of a government or private company where the purpose is to receive a certain unjust advantage. On the other hand, gratuities provided for an exceptional service to nongovernmental employees (restaurants, hotels) are generally acceptable.

Note: The aforementioned list is not exhaustive. You are encouraged to use common sense to determine whether a certain act constitutes bribery or not.

Normal hospitality is acceptable, such as an invitation for lunch or dinner to a good restaurant with the aim of maintaining and developing good business relationships. Small gifts are also acceptable as long as: they are granted to a certain group of clients or business partners (e.g., Eid/Christmas gifts or gifts to visitors of a Firm event); or they are granted or received in a transparent manner, when it is appropriate and provided that there will be no doubt about the purpose of the gift (e.g., a foreign client visiting the office). Any Firm personnel is required to notify the EC Officer about any received gift the value of which exceeds PKR 5000/-.

We never assist our clients with giving or accepting bribes. Therefore, if you find out that a client or any other person involved intends to provide or receive a bribe you are obliged to: notify the ABC Officer immediately; and suspend the work on the project until a certain decision is made by competent Firm managers. In general, while we must honor the attorney-client privilege and, therefore, may not disclose any confidential information that we learn through our work (as it is defined in individual jurisdictions), we are always entitled to refuse to assist the client with illegal activities. The aforementioned does not apply when bribery has already been committed by the client and the client seeks our legal advice. In such a case we duly point out all the risks arising from such client’s past activities and possible ways to mitigate them.

Note that in some jurisdictions you may be required to notify the act of bribery committed in the past by a third person to the police or a similar authority. The attorney-client privilege may or may not prevent the application of such a rule on lawyers and their employees. Furthermore, in some jurisdictions, you may be required to notify the police or a similar authority about the intention of a third party to commit bribery. Again, the attorney-client privilege may or may not prevent the application of such a rule on lawyers and their employees. Due to the fact that the rules of several jurisdictions may be applicable at the same time, including jurisdictions that you are not familiar with, and that the rules against self-incrimination may also apply, it is highly recommended that you seek the advice of the ABC Officer or a Firm appointed internal counsel before filing any such notification. As a general rule applicable in all jurisdictions where Firm is active, every person is entitled to seek help from a legal counsel before taking any steps that could involve him or her in criminal proceedings. To avoid any doubt, nothing herein may be interpreted as advice or a recommendation not to report bribery when you have a legal obligation to do so.

If the state legislation imposes on you certain rules or obligations that are not included or referred to herein you are required to comply with such rules or obligations.

Except for when it could be considered as self-incriminating, you are obliged to notify the ABC Officer about any act of bribery that you have learned about as well as to fulfill the obligation to notify the state authority if such an obligation exists.