Preventing Fraud and Corruption Clause Samples
The "Preventing Fraud and Corruption" clause establishes measures to detect, deter, and address fraudulent or corrupt activities within the scope of an agreement or project. It typically requires parties to implement internal controls, conduct due diligence, and report any suspicious behavior, and may outline consequences for violations such as contract termination or legal action. This clause serves to protect the integrity of the contractual relationship by minimizing the risk of unethical conduct and ensuring compliance with applicable laws and standards.
Preventing Fraud and Corruption. Why is this important?
3.4.1 Fraud or corruption in the administration of its responsibilities will not be tolerated, whether from inside or outside.
3.4.2 The Commissioner and employees at all levels will lead by example in ensuring adherence to legal requirements, rules, procedures and practices.
3.4.3 Individuals and organisations (e.g. suppliers, contractors, and service providers) will act with honesty and integrity.
3.4.4 To adopt and adhere to the whistle blowing policy.
3.4.5 To approve and adopt a policy on registering of interests and the receipt of hospitality and gifts.
3.4.6 To maintain an effective anti-fraud and anti-corruption policy.
3.4.7 To ensure that adequate and effective internal control arrangements are in place.
3.4.8 To maintain a policy for the registering of interests and the receipt of hospitality and gifts covering both the Commissioner and employees. A register of interests and a register of hospitality and gifts shall be maintained for the Commissioner and employees.
3.4.9 To maintain a whistle blowing policy to provide a facility that enables employees, the general public and contractors to make allegations of fraud, misuse and corruption in confidence, and without recrimination, to an independent contact. Procedures shall ensure that allegations are investigated robustly as to their validity; that they are not malicious and that appropriate action is taken to address any concerns identified. The Chief Constable shall ensure that all employees are aware of any approved whistle blowing policy.
3.4.10 To implement and maintain a clear internal financial control framework setting out the approved financial systems to be followed by all employees.
Preventing Fraud and Corruption. The PCC and the CC have a responsibility for the development and maintenance of an Anti-Fraud and Anti-Corruption strategy which applies to all staff under their operational control. The strategy should be designed to prevent and detect fraud and corruption and identify a clear pathway for investigation and remedial action. It must be based on a series of inter related procedures covering culture, prevention, the internal control system and training on detection and investigation. The PCC and the CC and their respective staff must declare any pecuniary interests in contracts and must not accept fees or rewards other than by proper remuneration. Any hospitality or gifts received on behalf of the Force or PCC’s Office must be properly recorded in detail in their respective Register of Hospitality and Gifts. The PCC and CC will maintain a whistle blowing policy that will enable members of their respective staffs, contractors and members of the general public to make allegations of fraud, misuse and corruption in confidence and without recrimination, to an independent contact. The policy will ensure that allegations are properly investigated as to their validity, to ensure that they are not malicious and that the appropriate action is then taken to address any valid concerns identified. All employees must be made aware of the policy.
Preventing Fraud and Corruption. 4.1 Code of Conduct and Business Ethics (Code)
4.1.1 The ethical principles contained in the Code are applicable to all employees of Mintek. Therefore, the Code forms part of the Plan for Mintek.
4.1.2 Mintek will arrange workshops to create awareness of the Code among employees. A further objective of this training is to reinforce the expectations of Mintek and the governance of employees of Mintek with regard to their conduct and behaving ethically and with integrity.
4.1.3 Processes and mechanisms to manage professional ethics are key to the fight against fraud and corruption. In line with the principles contained in the Public Sector Anti-Corruption Strategy, Mintek will pursue the following additional steps to communicate the principles contained in the Code:
a) A copy of the Code will continue to be circulated to all employees and included in induction packs for new employees.
b) Include relevant aspects of the Code in further awareness presentations, training sessions and communication programmes to create awareness thereof amongst employees and other stakeholders. Further objectives of this training will be the following: • Helping employees to understand the meaning of unethical behaviour (including harassment in any form) in line with expectations of Mintek; • Presenting case studies which will assist in developing behaviour to articulate and encourage attitudes and values which support ethical business conduct; • Helping employees to understand issues involved in making ethical judgements; and • Communicating the implications of unethical behaviour and its impact for individuals, the workplace, professional relationships, Mintek as whole and external stakeholders including the public.
4.1.4 There is a system in place for the declaration of private business interests, actual or potential conflicts of interest by all employees. The Code of Conduct and Business Ethics is used as a guide regarding acceptance and offering of business courtesies. The declaration of private business interests, actual or potential conflict of interest is done on Sharepoint.
4.2 Mintek’s Systems, Policies, Procedures, Rules and Regulations
4.2.1 Mintek has a number of systems, policies, procedures, rules and regulations designed to ensure compliance with government legislation.
4.2.2 The management of Mintek will improve awareness and knowledge of the relevant systems, policies, procedures, rules and regulations, including the requirements of the PFMA and the Preferentia...
Preventing Fraud and Corruption