Effective Date: 30^th January 2025

Review Intervals: 6 months or as required
Approved by: Luke McFarland

1. Purpose

McFarland Consulting & Advisory (“the Company”) is committed to conducting business with integrity, transparency, and compliance with all applicable anti-bribery and corruption laws, including but not limited to:

• U.S. Foreign Corrupt Practices Act (FCPA)
• UK Bribery Act 2010
• International Traffic in Arms Regulations (ITAR)
• Federal Information Security Management Act (FISMA)
• Sarbanes-Oxley Act (SOX)
• EU AI Act (where applicable)

This policy prohibits bribery, corruption, and unethical business practices in all forms and applies to all employees, contractors, consultants, agents, and third parties acting on behalf of the Company.

2. Scope

This policy applies globally to all Company operations, including subsidiaries, joint ventures, and business partners. It covers:

• Gifts, hospitality, and entertainment
• Facilitation payments
• Political and charitable contributions
• Due diligence on third parties
• Record-keeping and internal controls

3. Policy Statement

3.1 Prohibition of Bribery & Corruption

The Company strictly prohibits:

• Offering, promising, giving, soliciting, or accepting bribes (cash, gifts, favors, or other advantages) to influence business decisions.
• Facilitation payments ("grease payments"), unless legally unavoidable (e.g., under duress where refusal would endanger safety).
• Engaging in corrupt practices, including kickbacks, bid-rigging, or undisclosed commissions.

3.2 Gifts, Hospitality & Entertainment

• Must be reasonable, proportionate, and properly documented.
• Must not create an obligation or improper influence.
• Must comply with local laws and Company approval thresholds.

3.3 Third-Party Due Diligence

• All agents, distributors, consultants, and suppliers must undergo anti-bribery due diligence.
• Contracts must include anti-corruption clauses and audit rights.

3.4 Political & Charitable Contributions

• Political donations must not be used to influence officials and must comply with local laws.
• Charitable contributions must be transparent and not used to conceal improper payments.

3.5 Record-Keeping & Internal Controls

• Financial records must be accurate, complete, and compliant with FCPA, SOX, and FISMA requirements.
• All transactions must be properly authorized and documented.

4. Compliance with Additional Regulations

4.1 ITAR Compliance

• No bribes or improper inducements in defense-related transactions.
• Strict adherence to export controls and sanctions.

4.2 FISMA & Data Security

• Secure handling of sensitive compliance records.
• Cybersecurity controls to prevent tampering with financial or compliance data.

 

 

4.3 EU AI Act Considerations

• AI tools used in compliance monitoring must be transparent and auditable.
• No use of AI for fraudulent or corrupt purposes.

5. Reporting & Whistleblowing

• Employees must report suspected violations via the Company’s confidential hotline or to the Compliance Officer.
• Retaliation against whistleblowers is prohibited.

6. Training & Awareness

• Mandatory anti-bribery training for employees and high-risk third parties.
• Regular policy updates to reflect legal changes.

7. Violations & Disciplinary Actions

• Non-compliance may result in disciplinary action, termination, or legal prosecution.
• The Company will cooperate with authorities in investigations.

8. Policy Ownership & Review

• Owner: McFarland Consulting & Advisory (Compliance Officer)
• Annual review to ensure alignment with FCPA, UK Bribery Act, ITAR, FISMA, SOX, and EU AI Act.