Policy Statement
Nex Global LLC, trading as Nex Systems (Nex), builds tools that help organisations fight financial crime. Our credibility depends on conducting our own business with the same integrity we help our customers protect.
Nex has zero tolerance for bribery and corruption in any form, by anyone, anywhere. We will not offer, promise, give, request, agree to receive or accept a bribe, directly or through anyone else, whatever the local custom, whatever the amount, and even if refusing means losing business. No employee or business partner will ever be penalised for refusing to pay or accept a bribe, even if that refusal results in a lost opportunity.
This Anti-Bribery and Corruption Policy (the Policy) sets out the standards that everyone who works for or with Nex must follow, explains how to recognise and avoid bribery, and tells people how to raise concerns. It forms part of the contractual terms that apply to Nex's referrers, Authorised Partners and suppliers, and is incorporated by reference into the Nex Systems Terms of Service and the Referral Program Policy.
Senior management of Nex is responsible for this Policy and for making sure that it is followed in practice, not just on paper.
1. Scope and Applicable Laws
1.1 Who this Policy applies to. This Policy applies to:
- (a) Nex's members, managers, officers, employees, interns and temporary staff, wherever located (Nex Personnel);
- (b) contractors, consultants and agents acting for Nex;
- (c) referrers under the Referral Program, whether businesses or individuals (Referrers);
- (d) Authorised Partners, resellers, distributors and introducers (Partners); and
- (e) suppliers and service providers, to the extent they act for or with Nex (together with (b) to (d), Business Partners).
1.2 Where it applies. This Policy applies in every country in which Nex or its Business Partners do business on Nex's behalf. Where local law sets a stricter standard, the stricter standard applies.
1.3 Applicable laws. Nex and its Business Partners must comply with all anti-bribery and anti-corruption laws that apply to them, including:
- (a) the US Foreign Corrupt Practices Act of 1977 (FCPA), including its anti-bribery and accounting provisions;
- (b) the US domestic bribery statute (18 U.S.C. section 201) and the US Travel Act;
- (c) the UK Bribery Act 2010, which applies to commercial bribery as well as bribery of public officials and has a corporate offence of failing to prevent bribery;
- (d) the laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials and the UN Convention against Corruption; and
- (e) the anti-bribery, anti-corruption and anti-money-laundering laws of each country where business is conducted.
1.4 Private and public bribery. This Policy prohibits bribery of public officials and bribery between private persons and businesses alike.
1.5 Relationship with other policies. This Policy should be read with the Nex Terms of Service, the Referral Program Policy, the Government and NPO Program Policy, the Acceptable Use Policy and Nex's internal policies on conflicts of interest, expenses and sanctions compliance.
2. Definitions
| Term | Meaning |
|---|---|
| Bribe | Anything of value offered, promised, given, requested or accepted, directly or indirectly, with the intention of improperly influencing a person in the performance of their duties, obtaining or keeping business, or securing an improper advantage. |
| Anything of value | Not only money, but also gifts, hospitality, travel, entertainment, discounts, free services, loans, jobs or internships, donations, sponsorships, referral rewards, commissions, favours and confidential information. There is no minimum value. |
| Public Official | Any officer or employee of a government, ministry, agency, regulator, court, central bank, state-owned or state-controlled enterprise, or public international organisation; any person acting in an official capacity for any of them; political parties, party officials and candidates; members of royal families with official roles; and close family members of any of these persons. |
| Facilitation payment | A small unofficial payment to speed up or secure a routine action that a Public Official is already obliged to perform, such as issuing a licence, processing papers or clearing goods. |
| Kickback | A payment or benefit returned to a person, or a person nominated by them, in exchange for awarding or influencing business. |
| Improper advantage | Any business, contract, decision, licence, information or treatment that the recipient would not otherwise have obtained, or that was obtained by influencing someone to act against their duty of good faith, impartiality or trust. |
| Compliance Officer | The person appointed by Nex senior management to oversee this Policy. |
3. Prohibited Conduct
3.1 Nex Personnel and Business Partners must never, directly or through any other person:
- (a) offer, promise, give or authorise a Bribe to any person, public or private;
- (b) request, agree to receive or accept a Bribe from any person;
- (c) offer or accept a Kickback, including any share of a referral reward, commission or discount with a person at a customer, prospect or Public Official;
- (d) give anything of value to a person at a customer or prospect, or to anyone connected with them, to influence a purchasing, renewal, evaluation or tender decision;
- (e) use a third party, family member, charity, consultant or company to do anything this Policy prohibits;
- (f) make a payment to a person or account that is not the contracting party, or in a country unconnected with the services, without a documented lawful reason approved by the Compliance Officer;
- (g) make or receive any payment in cash, cash equivalents (such as gift cards or vouchers), cryptocurrency or any untraceable form, in connection with Nex business;
- (h) disguise a payment or benefit through false invoices, inflated fees, fake services, misdescribed expenses or off-the-books accounts;
- (i) obtain or use confidential information about a tender or a competitor's offer; or
- (j) threaten or retaliate against any person who refuses to take part in bribery or who raises a concern under this Policy.
3.2 Intent and appearance. A breach can occur even if the Bribe is not paid, is refused, or does not achieve its aim. Nex Personnel and Business Partners must also avoid conduct that could reasonably appear to be bribery, even if no improper intent exists.
3.3 No business is worth a bribe. Nex prefers to lose a sale, a licence or a partnership rather than obtain it improperly.
4. Facilitation Payments and Extortion
4.1 Prohibited. Facilitation payments are prohibited in all circumstances, even where they are small, customary or tolerated locally, and even where a particular law might allow them. The FCPA exception for facilitating payments is not available under this Policy.
4.2 Duress. The only exception is where a person faces an imminent threat to their life, health, safety or liberty and has no reasonable alternative. In that case, the person may make the payment needed to remove the threat, but must report it to the Compliance Officer as soon as it is safe to do so, and in any case within twenty-four (24) hours. The payment must be recorded accurately in Nex's books, described as a payment made under duress.
4.3 Requests. Any request for a facilitation payment or other improper payment, whether or not it is refused, must be reported to the Compliance Officer promptly.
5. Gifts, Hospitality and Expenses
5.1 Principle. Modest gifts and reasonable hospitality can help build legitimate business relationships. They must never be offered or accepted to influence a decision, or in circumstances where they could appear to do so.
5.2 Conditions. Any gift or hospitality, given or received, must be:
- (a) of modest value and appropriate to the occasion and to the recipient's position;
- (b) given openly, in Nex's name, not in secret or through a personal account;
- (c) infrequent, and not given to the same person repeatedly;
- (d) lawful in the recipient's country and permitted by the recipient's own employer rules;
- (e) not given or received during a tender, evaluation, contract negotiation, renewal or audit involving the other party; and
- (f) never in cash or cash equivalents (such as gift cards, vouchers or prepaid cards).
5.3 Thresholds. The following limits apply to private-sector recipients and givers. All gifts and hospitality above the reporting threshold must be entered in the Gifts and Hospitality Register.
| Category | Allowed without approval | Needs Compliance Officer approval | Never allowed |
|---|---|---|---|
| Gifts given or received | Up to USD 100 per item and USD 250 per person per year | Above those limits | Cash, cash equivalents, luxury items, anything requested |
| Business meals and hospitality | Up to USD 150 per person per event | Above that limit, or more than four events per person per year | Leisure trips, events where no business is discussed, adult entertainment |
| Travel and accommodation for others | Never without approval | Only for legitimate business (for example, a site visit), paid directly to the provider | Per diems or cash allowances, family members, side trips |
5.4 Public Officials. Stricter rules apply to Public Officials under section 6.
5.5 Receiving gifts. Nex Personnel must politely decline any gift or hospitality that does not meet this section. If refusing would cause serious offence, the item may be accepted on Nex's behalf and handed to the Compliance Officer, who will decide whether to return it, donate it or keep it for shared use.
5.6 Expenses. All business expenses must be genuine, reasonable, supported by original receipts and accurately described in expense claims.
6. Public Officials and Public Bodies
6.1 Heightened risk. Dealings with Public Officials carry the highest bribery risk and are subject to the strictest rules. Nex works with governments, regulators, central banks and public bodies, including through the Government and NPO Program, and must be beyond reproach in every such dealing.
6.2 No gifts or hospitality. Nothing of value may be given to a Public Official, except:
- (a) token branded items of nominal value (such as a pen or notebook, under USD 25);
- (b) light refreshments during a business meeting, training session or event; and
- (c) other items approved in advance and in writing by the Compliance Officer, after confirming that they are allowed by local law and by the official's own rules.
6.3 Free services to public bodies. Services provided free of charge under the Government and NPO Program are given to the public body as an institution, under a written agreement, through its official channels and subject to its own approval rules. They must never be offered to, or for the personal benefit of, any individual official, and must never be linked to any procurement decision, licence, approval or other official act.
6.4 Procurement and tenders. Nex will take part in public tenders only through official procedures. Nex Personnel and Business Partners must not contact evaluators outside official channels, seek non-public information, or offer anything to influence a tender.
6.5 Hiring. Nex will not hire, engage or offer internships to a Public Official, or to a relative of a Public Official, who is in a position to influence a decision affecting Nex, without the prior written approval of the Compliance Officer.
6.6 Referrals. No referral reward may be paid to, or for the benefit of, a Public Official, or for the referral of a public body by a person employed by, or who in the previous twelve (12) months was employed by, that body. This follows the Referral Program Policy.
6.7 Licensing and regulators. Any interaction with a regulator about Nex's own licensing, registration or supervision must be conducted transparently, recorded and, where significant, notified to the Compliance Officer.
7. Third Parties: Referrers, Partners and Suppliers
7.1 Liability for others. Nex can be held responsible for bribes paid by people acting on its behalf. Nex will therefore only work with Business Partners who share its commitment to integrity.
7.2 Risk-based due diligence. Before engaging a Referrer, Partner or supplier who will act for Nex or interact with customers or Public Officials, Nex will carry out due diligence proportionate to the risk, using reliable and independent sources. Due diligence may include:
- (a) verifying identity, legal existence, ownership and controlling persons, including beneficial owners;
- (b) proof of identity for individuals, verified through valid means;
- (c) sanctions, PEP and adverse-media screening of the party and its key persons;
- (d) checking whether any key person is a Public Official, or an employee or former employee of the customer or prospect concerned;
- (e) confirming the party's qualifications, track record and genuine business reason for the relationship; and
- (f) confirming that the proposed reward or fee is reasonable and in line with the market and with the services provided.
7.3 Red flags. The following require further review and, if not resolved, rejection:
| Red flag | Example |
|---|---|
| Unusual payment requests | Payment in cash, to a third party, to an offshore account or split across accounts |
| Excessive rewards | A fee or commission well above market rates, or a request for an "advance" |
| Public Official links | A key person is, or is related to, a Public Official with influence over the deal |
| Lack of transparency | Refusal to disclose owners, to sign this Policy or to provide information |
| Recommended by the customer | The customer or official insists that Nex uses a particular referrer or agent |
| Vague services | No clear description of what the third party will actually do |
| Reputation | Allegations or history of bribery, fraud or corruption |
7.4 Contract terms. Every Referrer, Partner and relevant supplier must agree in writing to comply with this Policy and all anti-bribery laws, to keep accurate records, to permit reasonable audit, and to accept that Nex may suspend payments and terminate immediately for any breach.
7.5 Payments to Business Partners. Rewards, commissions and fees are paid only by bank transfer to an account held in the Business Partner's own name, in the country where it is established or performs the services, against a proper invoice or claim, and never in cash. Referral rewards are paid as set out in the Referral Program Policy.
7.6 Monitoring. Nex will monitor Business Partners during the relationship and repeat due diligence periodically and whenever a red flag appears.
8. Donations, Sponsorships, Community Giving and Political Contributions
8.1 Community giving. Nex dedicates a share of its profits to community initiatives, as described on its Social Responsibility page. All giving must be made to registered, legitimate organisations, through transparent channels, for genuine public-benefit purposes.
8.2 Conditions. No donation, sponsorship or in-kind support may be made:
- (a) at the request of, or for the benefit of, a Public Official, a customer or a prospect, or any of their relatives;
- (b) to obtain or keep business, a licence, a decision or any other advantage;
- (c) to an organisation connected with a Public Official or a decision-maker at a customer or prospect, without the Compliance Officer's prior written approval;
- (d) in cash or to a personal account; or
- (e) without due diligence on the recipient organisation, including sanctions and adverse-media screening.
8.3 Approval and records. Every donation and sponsorship must be approved in advance by senior management, supported by a written agreement or letter stating its purpose, and recorded accurately.
8.4 Political contributions. Nex does not make contributions, in money or in kind, to political parties, party officials, candidates or campaigns. Nex Personnel may take part in political activity in a personal capacity, in their own time and with their own resources, but never in Nex's name.
9. Conflicts of Interest
9.1 Definition. A conflict of interest arises where a personal, family, financial or other interest could influence, or appear to influence, a person's judgement when acting for Nex.
9.2 Disclosure. Nex Personnel and Business Partners must disclose to the Compliance Officer, in writing and before acting, any actual or potential conflict, including:
- (a) a family or close personal relationship with a Public Official, or with a decision-maker at a customer, prospect, Partner or supplier;
- (b) a financial interest in a customer, competitor, Partner or supplier;
- (c) an outside job, directorship or consultancy related to Nex's business; and
- (d) any proposal to refer a customer where the referrer works, or worked in the previous twelve (12) months, for that customer.
9.3 Management. The Compliance Officer will decide how the conflict is to be managed, which may include removing the person from the decision, additional approval or declining the business. Undisclosed conflicts are a breach of this Policy.
10. Payments, Books and Records
10.1 No cash. Nex does not pay or accept cash in connection with its business. All payments to and from Nex are made through traceable banking channels.
10.2 Accurate records. Nex will keep books, records and accounts that accurately and fairly reflect, in reasonable detail, every transaction and disposal of assets, as required by the accounting provisions of the FCPA. No undisclosed or unrecorded fund or account may be kept for any purpose.
10.3 Supporting documents. Every payment must be supported by a contract or approved order, an invoice or claim that describes the services or goods accurately, and evidence that the services or goods were received.
10.4 Internal controls. Nex will maintain internal controls designed to prevent and detect bribery, including segregation of duties, approval limits, verification of bank details by independent call-back, and periodic review of payments to Business Partners.
10.5 Retention. Records relating to Business Partner due diligence, gifts and hospitality, donations, payments and investigations under this Policy will be kept for at least five (5) years after the end of the relationship or transaction, or longer if the law requires.
11. Training and Communication
11.1 Training. All Nex Personnel will receive anti-bribery training when they join and at least once a year after that. Personnel in sales, partnerships, procurement, finance and public-sector roles will receive additional, role-specific training.
11.2 Business Partners. Referrers and Partners will receive this Policy before they start working with Nex, and must confirm in writing that they have read and will comply with it. Nex may require Partners to complete training.
11.3 Communication. This Policy is published at nex.systems/legal. Nex will communicate its zero-tolerance approach to customers, Business Partners and suppliers at the start of each relationship and as appropriate after that.
12. Raising Concerns and Non-Retaliation
12.1 Duty to report. Anyone covered by this Policy who knows of, or suspects, a breach of this Policy, or who is offered or asked for a Bribe, must report it promptly.
12.2 How to report. Concerns can be raised with the Compliance Officer at compliance@nex.systems. Customers, suppliers, members of the public and anyone else may also use this address. Reports may be made anonymously, although giving contact details helps Nex investigate.
12.3 Confidentiality. Nex will treat reports confidentially and share information only with those who need it to investigate or act, or where the law requires.
12.4 No retaliation. Nex will not tolerate any retaliation, including dismissal, demotion, threats, harassment, or termination of a Business Partner relationship, against anyone who raises a concern in good faith or cooperates with an investigation, even if the concern turns out to be mistaken. Retaliation is itself a serious breach of this Policy.
12.5 Bad faith. Knowingly making a false report is a breach of this Policy.
13. Investigations, Breaches and Consequences
13.1 Investigation. Nex will assess every report and investigate where appropriate, promptly, fairly and confidentially. Nex may appoint external advisers to assist.
13.2 Cooperation. Nex Personnel and Business Partners must cooperate fully with any investigation, preserve relevant documents and data, and not discuss the matter with anyone involved except as permitted.
13.3 Consequences for Nex Personnel. A breach of this Policy may lead to disciplinary action up to and including dismissal or termination of engagement, recovery of any loss, and referral to the authorities.
13.4 Consequences for Business Partners. A breach by a Business Partner entitles Nex, without liability and in addition to its other rights, to:
- (a) suspend or withhold any reward, commission or payment;
- (b) recover any reward or payment already made in connection with the breach;
- (c) terminate the relationship and any related agreement with immediate effect;
- (d) cancel or refuse any related order; and
- (e) report the matter to the competent authorities.
13.5 Customers. Where a customer, or a person acting for a customer, solicits or accepts a Bribe in connection with Nex services, Nex may suspend or terminate the services under the Terms without refund.
13.6 Self-reporting. Where appropriate and permitted by law, Nex may report a breach to the competent authorities and will cooperate with any official investigation.
13.7 Remediation. After any breach, Nex will review its controls and make improvements to prevent recurrence.
14. Governance, Monitoring and Contact
14.1 Responsibility. Senior management of Nex has overall responsibility for this Policy. The Compliance Officer is responsible for its day-to-day operation, for advice, for maintaining the Gifts and Hospitality Register and the Business Partner due-diligence records, and for reporting to senior management at least annually.
14.2 Risk assessment. Nex will assess its bribery and corruption risks periodically, taking into account the countries, sectors, customers, public bodies and Business Partners it deals with, and will adjust its controls to those risks.
14.3 Review. This Policy will be reviewed at least annually, and after any significant change in Nex's business or in applicable law, in line with ISO 37001 and the guidance of competent authorities.
14.4 Questions. Anyone unsure whether a proposed action is allowed should ask the Compliance Officer before acting. The simple test is: would I be comfortable if this was reported in the news, or explained to a regulator?
14.5 Contact.
| Purpose | Contact |
|---|---|
| Questions, approvals and reports of concern | compliance@nex.systems |
| Contractual notices | legal@nex.systems |
Nex Global LLC, trading as Nex Systems, Wyoming, United States.
Common questions
Short answers for orientation. The document above governs if anything differs.
Nex personnel, contractors, consultants and agents acting for Nex, referrers, authorized partners and resellers, and suppliers to the extent they act for or with Nex. It applies in every country where business is done on Nex's behalf, and a stricter local law takes precedence (see Section 1).