The Briars Group have implemented the Briars Compliance Programme focussed on best practice in our operations to support our clients and associates as they trade across the globe.
We are obliged to comply with all applicable laws and regulations.
Notice re. Adherence to the Criminal Finances Act 2017 – Corporate Criminal Offence
The Briars Group Limited hereby confirms that it is operating a zero-tolerance policy towards any breach of the above Act.
The Act in question relates to the failure to prevent the criminal facilitation of tax evasion, both of UK and foreign taxes, and relates specifically to the failure of UK businesses to fulfil their duties to ensure the reasonable prevention of such breaches.
As a corporation we are subject to strict liability, irrespective of whether we had any knowledge of the tax evasion. Therefore, it is essential that we ensure our processes and procedures are sufficiently robust to protect Briars, our employees, our clients, our supporters and our reputation.
To this end, we have put in place measures to maintain this protection through a combination of
- An iterative Risk Assessment Register monitoring each aspect of the business
- An ongoing review of all existing policies and agreements in place between Briars and third parties, including suppliers and associates, and
- Regular training of Briars personnel
- Ensuring that all Briars personnel and associates sign up to, and adhere to, the Company’s zero tolerance approach to tax evasion, both UK and overseas.
Through Briars CCO policies, all employees and associates are precluded from
- being involved in any manner linked to Briars or its clients with any form of tax evasion, be that in the UK or overseas whether as a facilitator, instigator or any other party
- advising, assisting or in any way supporting any party located anywhere from committing any form of tax evasion
- advising, assisting or in any way effecting any breach of this policy
- failing to report any actions or omissions of any client or associate that may in any way lead to a breach of this legislation
- taking any form of action: verbal, physical or in writing against any party who refuses to be involved in any form of tax evasion
The Briars Group operates a zero-tolerance policy towards the criminal facilitation of tax evasion and as such all employees and associates are fully aware that any breach of such legislation would potentially lead to a disciplinary discussion for employees or termination of contract for associates.
The Briars Group has a confirmed and stated commitment to work with employees, associates and clients to ensure that our clients have reasonable preventative procedures in place to combat against tax evasion.
Actions required in the case of a breach
If employees or associates observe or become aware of possible evasion, reports are to be filed in the first instance with the company’s Compliance Officer or via firstname.lastname@example.org
The Compliance Officer will instigate a full review of the report and where necessary provide a written outline and recommendation to the Board of Directors. As with the existing processes in place for AML and ABC, employees and associates must not share their concerns or suspicions with anyone else.
All such information provided by the employees and associates will be handled with upmost discretion and no declaration of the name of the employee or associate is to be made public, other than as required under the prevailing law.
The Briars Group maintains a detailed Risk Register which addresses all aspects required under the current legislation. This Register addresses a range of issues from client risk to industry sector, jurisdiction, product and cultural risk.
Communication and Training
Training encompassing AML, ABC and CCO will be given on an annual basis to all personnel.
An examination is included within this training with a pass mark set at 80%.
Additional teaching will be provided where employees are unable to achieve this pass mark and will be tailored to the individual.
If employees or associates observe or become aware of any misconduct or possible bribery, money laundering or tax evasion issues are required to report their suspicion to the Compliance Officer or MLRO promptly. If they are being blocked from reporting, they should reach out directly either by secure email or in person to any member of the Board of Director.
All such information provided by employees or associates will be handled with upmost discretion and no declaration of the name of the employee or associate is to be made public, other than as required under the prevailing law.
Changes to this Corporate Criminal Offences Notice
This Notice is applicable as at 01 January 2020 and will be updated on an ongoing basis.
Latest review and update: 14 September 2020