1. INTRODUCTION
In line with the Pure Approach, one of our core values is to uphold honest and ethical business practices. We are committed to promoting and maintaining the highest level of ethical standards in relation to all of our business activities. Our reputation is of paramount importance and this Policy is designed to preserve these values.
Accordingly, Pure Trade Africa, its staff and business partners carry a responsibility to be aware of, and not violate, all applicable economic and trade sanctions.
Should you have any questions about this Policy or would like to report any activities which you suspect may be in violation of this Policy, please contact compliance@puretradeafrica.com.
2. POLICY SCOPE AND PURPOSE
The management of Pure Trade Africa is committed to complying with all sanction regulations (“Sanction Laws”) in all business activities globally, and thus, shall ensure that all reasonable steps are taken to ensure that all Sanctions Laws are adhered to.
This Policy has been drafted to:
- Identify the Pure Trade Africa’s position on matters relating to the application of Sanctions Laws;
- Explain what would constitute a violation of the Policy;
- Help staff, contractors and other related parties understand where breaches of the Policy may occur, and what steps should be taken should there be a suspected violation;
- Establish the procedure to be followed in the event of a violation of the Policy.
This Policy applies to all permanent and temporary employees of Pure Trade Africa (including any of its intermediaries, subsidiaries, or associated companies). It also applies to any individual or corporate entity associated with Pure Trade Africa or who performs functions in relation to, or for and on behalf of, Pure Trade Africa, including, but not limited to, Directors, casual workers, contractors, consultants, agents, suppliers, and sponsors (“associated persons”). All employees and associated persons are expected to adhere to the principles set out in this Policy.
This Policy shall be reviewed on an annual basis. Any comments, recommendations and/or instructions shall be issued by Pure Trade Africa Directors and be incorporated into this Policy by way of a written amendment which shall be acknowledged by all active Pure Trade Africa employees at the time of amendment.
3. LEGAL OBLIGATIONS & COMPLIANCE
Sanctions are regulatory restrictions which are applicable to transactions with certain countries/regions, groups/ entities/ individuals, controlled goods/ services. These sanctions are enforced in accordance with Sanctions Laws which are passed by bodies such as the United Nations and governments, from time to time.
The extent and nature of these Sanctions Laws may vary and may or may not be applicable to Pure Trade Africa’s business activities.
A violation of Sanctions Laws may lead to severe criminal and/or civil consequences for Pure Trade Africa, its employees and business partners, including but not limited to:
- Imprisonment;
- Monetary fines;
- Extradition;
- Blacklisting;
- Revocation of licenses;
- Disqualification of directors.
Furthermore, a violation of Sanctions Laws may lead to damaging practical consequences, which may impede Pure Trade Africa’s ability to operate, include but not limited to reputational damage, restrictions imposed on operating procedures, and the unnecessary allocation of time and resources to investigate, resolve and/or defend actions which come under investigation.
Different countries or regions may impose different sanctions. Each transaction must be undertaken with this in mind, and should there be any uncertainty, a request for advice is to be submitted by emailing compliance@puretradeafrica.com.
When considering whether Sanction Laws may be applicable to a particular activity, all Pure Trade Africa employees and business partners must consider:
- Where they are conducting business – ensuring compliance with sanctions on restricted countries/regions;
- Who we are conducting business with – ensuring compliance with sanctions on prohibited groups/ entities/ individuals;
- How we are conducting business – ensuring that we do no circumvent, evade or facilitate the violation of any Sanction Laws; and
- Red flags – ensuring that any conduct/ details which raise suspicion of Sanction Law violation are reported.
4. RED FLAGS
There are several issues which are strong indicators of a possible violation of Sanction Laws. In the instance of any of these issues arising, an investigation must be conducted into whether the particular transaction or relationship may result in a Sanction Law violation or cause Pure Trade Africa any other related harm.
All employees and business partners must be aware of and report any Red Flags immediately. Red Flag’s include but are not limited to:
- The client is reluctant to offer information or clear answers on commercial matters which are generally routine (including beneficial ownership, or operating regions);
- The consignee has a different name or location from that of the client or ultimate end user;
- In the event that the client, other business partner, is not the ultimate end user, they are unreasonably evasive about their clients/ end-users;
- Unusual invoicing, payment, shipping, or packaging requests;
- Abnormal shipping routes.
The above is not intended to be an exhaustive list. Any suspicion of the direct or indirect involvement of a restricted territory, restricted party, controlled good or service, end-use or any other suspected violation of Sanction Laws must be reported by emailing compliance@puretradeafrica.com.
5. REPORTING & RESPONSIBILITIES
It is the contractual duty and responsibility of all employees and associated persons to take whatever reasonable steps are necessary to ensure compliance with this Policy and to prevent, detect and report any Sanction Law violations.
All employees must immediately disclose to Pure Trade Africa any knowledge or suspicion you may have that they, or any other employee or business partner, may be involved in the direct or indirect violation/ evasion/ circumvention of Sanctions Laws.
For the avoidance of doubt, this includes reporting one’s own wrongdoing. The duty to prevent, detect and report any Sanction Laws violations and any potential risks rests not only with the directors of Pure Trade Africa but equally with all employees and associated persons.
Pure Trade Africa will support anyone who raises genuine concerns in good faith under this Policy, even if they turn out to be mistaken. It is also committed to ensuring nobody suffers any detrimental treatment as a result of refusing to take part in Sanction Law violation, or because of reporting in good faith their suspicion that an actual or potential Sanction Law violation has taken place or may take place in the future.
Pure Trade Africa is committed to taking appropriate action against bribery and corruption. This could include either reporting the matter to an appropriate external government department, regulatory agency, or the police and/or taking internal disciplinary action against relevant employees and/or terminating contracts with associated persons.
7. NON – COMPLIANCE
A breach of any of the provisions of this Policy will constitute a disciplinary offence and will be dealt with in accordance with Pure Trade Africa’s disciplinary procedure. Depending on the gravity of the offence, it may be treated as gross misconduct and could render the employee liable to summary dismissal.
As far as associated persons are concerned, a breach of this Policy could lead to the suspension or termination of any relevant contract, sub-contract, or other agreement.
8. MONITORING
Pure Trade Africa’s management carries the responsibility for ensuring compliance with this Policy. They will be responsible for monitoring its effectiveness and will provide regular reports in this regard to the directors of Pure Trade Africa who have overall responsibility for ensuring this Policy’s compliance with legal and ethical obligations.
9. TRAINING
Pure Trade Africa will provide training to all employees to help them understand their duties and responsibilities under this Policy. Pure Trade Africa’s commitment to complying with all applicable Sanctions Laws shall also be communicated to all business partners at the outset of the business relationship with them and when appropriate thereafter.