Kuwait Energy
9
Kuwait Energy plc, Queensway House, Hilgrove Street, St Helier, Jersey JEI 1ES, Channel Islands
the Third Party has a reputation for corruption, operates in an environment where corruption
is recognised as being common, or awareness of rumours that the Third Party is involved
with corruption;
the Third Party has a close connection with or is managed/owned (at least in part) by a
Public Official, customer or end user. This includes connections with Closely Related
Individuals of Government or Public Officials, customers and end users;
the Third Party claims he can help because he “knows all the right people”;
the Third Party is an unknown company with no track record of doing business;
the Third Party has an unclear ownership structure;
the Third Party appears to have no office or workplace;
the Third Party makes any of the following demands:
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payments of “commission” to others;
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payments of “commission” in cash or other untraceable funds; and
-
payments of "commission" into foreign bank accounts or to unidentifiable
companies;
the Third Party tries to make late changes to fee/commission arrangements (either generally
or for individual projects);
the Third Party is unwilling or unable to provide due diligence information that is requested;
or
the Third Party appears to rely heavily on government/customer contacts rather than on its
expertise to win business.
The above list is not intended to be exhaustive. Where any red flags are identified the matter should
be referred to a Compliance Officer.
Following engagement of a Third Party, Employees dealing with a Third Party should continue to
monitor the activities of the Third Party to assess whether the Third Party is violating or acting
inconsistently with this Policy and anti-corruption laws. In that context, monitoring for the
occurrence of any of the above red flags will be particularly important. If any concerns arise,
Employees should contact a Compliance Officer.
Contractual terms
In addition to the commercial terms of any arrangement with a Third Party, the contract with the
Third Party (entered into at the commencement of the relationship, or upon extension of the
engagement of the Third Party) should also contain appropriate representations or warranties from
the Third Party concerning past and future compliance with anti-corruption laws. To the extent that
the existing contractual terms (if any) in place do not already substantively cover the following, you
should seek to ensure that the Third Party represents and warrants in the contract (on terms
substantially similar to the following) that the Third Party:
understands all applicable anti-corruption laws, including but not limited to the US Foreign
Corrupt Practices Act and the UK Bribery Act, and will not in the future engage in conduct
on behalf of, or in relation to, the KE Group that would violate applicable anti-corruption
laws and/or would have an adverse impact on the commercial interests or reputation of the
KE Group;
is not a Government or Public Official, or affiliated with any Government or Public Official,
and will immediately advise of any change of these conditions during the course of the
contract;
will allow the KE Group reasonable access to the Third Party’s Books and Records (which
the Third Party should maintain in accurate form); and
