Last Reviewed: 25/10/22
3core2 Certification Ltd is committed to complying with relevant economic and trade Sanctions laws (“Sanctions”) in all jurisdictions in which it operates, as these may apply to its operations, through identifying, mitigating, and managing the risks of both primary and secondary Sanctions violations.
In this Sanctions Compliance Policy (“Policy”), “3core2 Certification Ltd” refers to 3core2 Certification Ltd (a company incorporated in UK 20 May 2019 Registered number 12004687.
This Policy applies to:
All employees, officers, directors, and contracted personnel of 3core2 Certification Ltd, and to such other persons as designated by 3core2 Certification Ltd from time to time (each an “Employee”, collectively “Employees”); and,
All natural and legal persons (and their respective employees, officers and directors) that perform services for or on behalf of 3core2 Certification Ltd, including without limitation, supply chain business partners, suppliers, consultants, contractors, distributors, and agents (including without limitation, sales agents/representatives) (each an “Associated Person”, collectively “Associated Persons”).
As a condition of doing business with 3core2 Certification Ltd, 3core2 Certification Ltd will require each Associated Person to accept that this Policy be incorporated into the contract entered into between the Associated Person and 3core2 Certification Ltd .
Contracts and agreements executed between 3core2 Certification Ltd and Associated Persons may contain more specific provisions addressing some of the issues set out in this Policy. Nothing in this Policy is meant to supersede any more specific provision in a particular contract or agreement executed between 3core2 Certification Ltd and an Associated Person, and to the extent there is any inconsistency between this Policy and any other provision of a particular contract or agreement, the provision in the contract or agreement will prevail.
This Policy is intended to supplement and not replace other 3core2 Certification Ltd codes of conduct, policies, rules and procedures that are applicable to Employees and Associated Persons from time to time. If any Employee or Associated Person has any doubt as to the codes, policies, rules and procedures applicable in a given situation, or if any Employee or Associated Person perceives any conflict or inconsistency between this Policy and any other 3core2 Certification Ltd code of conduct or any other 3core2 Certification Ltd policies, rules or procedures, then he/she should raise the issue with, and seek direction from the 3core2 Certification Ltd firstname.lastname@example.org. This Policy is a statement of principles and expectations for individual and business conduct. It is not intended to and does not in any way constitute a contract, an employment contract, or assurance of continued employment, and does not create any right in any Employee or Associated Person. The enforcement and interpretation of this Policy rests solely with 3core2 Certification Ltd. This policy only creates rights in favour of 3core2 Certification Ltd. The headings contained in this Policy are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this Policy. In the event of any conflict between this Policy and applicable mandatory law, the applicable mandatory law shall prevail.
Overview of Sanctions and Prohibited Conduct
This Policy sets out 3core2 Certification Ltd ʹs approach to identifying and managing Sanctions‐related risks, including:
Guidance about the meaning of Sanctions and how to comply.
Principles and measures that 3core2 Certification Ltd follows to comply with Sanctions legislation and to identify, mitigate and manage Sanctions risk in the jurisdictions where it operates; and,
Consequences of failing to comply with this Policy.
This Policy applies to all countries and/or jurisdictions in which 3core2 Certification Ltd operates and extends to any additional countries and/or jurisdictions where 3core2 Certification Ltd commences operations and/or has an active registration or license.
Meaning of Sanctions and How to Comply
Sanctions are laws and regulations enacted by governments (such as the government of the United States (ʺU.S.ʺ), international organisations (such as the United Nations (ʺU.N.ʺ)) and supernational bodies (such as the European Union (ʺE.U.ʺ)) to promote foreign policy and other objectives, including:
- limiting the adverse consequences of a situation of international concern (for example, by denying access to military or paramilitary goods, or to goods, technologies or funding that enable international terrorism or the proliferation of weapons of mass destruction);
- seeking to influence other persons or governments to modify their behaviour; and
- penalizing other persons or entities (for example, by blocking or ʺfreezingʺ their assets, or denying access to international travel or to the international financial system). Sanctions are intended to deter a range of activities, which may include political or military aggression, providing sanctuary for criminals and terrorists, developing nuclear or other weapons programs, and abusing human rights.
Sanctions are implemented largely by prohibiting companies and individuals from doing business with persons, entities, countries and governments that are the targets of the Sanctions. Such restrictions can include:
- export bans, import bans and prohibitions on the provision of certain specified services;
- prohibiting certain commercial activities (such as joint ventures and other investment);
- barring the transfer of funds to and from a sanctioned country;
- targeted financial Sanctions, which include freezing the assets of and prohibiting any dealings with a government, country, or territory, and designated entities and individuals;
- travel bans;
- other financial restrictions.
One key method of imposing Sanctions is to designate a country, territory, government, individual or entity as a target of Sanctions (a ʺSanctions Targetʺ). For example, the United States publishes a list of Specially Designated Nationals (or ʺSDNsʺ), which includes individuals and entities. In general, persons subject to U.S. jurisdiction must block (or freeze) any assets of an SDN within the U.S. personʹs possession or control, and may not have any dealings with, or provide any services to, an SDN. The United States also imposes economic sanctions and embargoes that target geographic regions and governments; some programs are comprehensive in nature and block the government and include broad‐based trade restrictions, while others target specific individuals and entities. In non‐comprehensive programs, there may be broad prohibitions on dealings with countries, and also against specific named individuals and entities.
Most Sanctions regimes prohibit actions taken to circumvent applicable Sanctions or to facilitate activities by another person or entity that would violate Sanctions if undertaken directly. Employees and Associated Persons shall be careful not to inadvertently violate sanctions by facilitating or brokering a transaction that would be prohibited if conducted by 3core2 Certification Ltd. Employees and Associated Persons cannot facilitate, swap, approve, finance, or broker any transaction or activity if such transaction or activity would be prohibited if performed by 3core2 Certification Ltd. This prohibition also includes referrals to a foreign person of business opportunities involving any nation subject to comprehensive sanctions or any persons designated on an SDN list. Example: if an Employee or Associated Person introduces a person from a Sanctioned Country (with whom no business can be made as per applicable Sanctions) to a foreign person for the purpose of facilitating or fostering a business opportunity, then that Employee or Associated Person would be in violation of the ʺfacilitationʺ clause of the Sanctions.
Moreover, some Sanctions regimes have extraterritorial applications, such that they may be extended to persons abroad who cause a domestic person to violate Sanctions, for example, by removing SDN‐ identifying information from funds transfers or other business records so that a domestic person cannot properly screen the transaction for Sanctions violations.
3core2 Certification Ltd ’s principles and measures to comply with Sanctions and to identify, mitigate, and manage Sanctions risk
The following key principles govern 3core2 Certification Ltd ’s approach to Sanctions and export controls. All other requirements in this document are to be read in the context of these principles. In the event of a conflict between principles and requirements, the principles will prevail.
3core2 Certification Ltd maintains a Sanctions policy to meet obligations under Sanctions regimes of the jurisdictions in which it operates, is registered and/or licensed
3core2 Certification Ltd complies with the requirements of the UK, U.S., U.N. and E.U. Sanctions regimes (whenever these apply to its operations) wherever it operates, and will not undertake any business that would breach those Sanctions regimes.
In addition to complying with the requirements of the UK, U.S., U.N. and E.U. Sanctions regimes (whenever these apply to its operations), 3core2 Certification Ltd complies with other Sanctions regimes whenever they apply to particular 3core2 Certification Ltd operations and will not undertake any business that would breach those Sanctions regimes.
3core2 Certification Ltd also considers Sanctions regimes imposed by other jurisdictions where the facts of the transaction make it appropriate to do so.
3core2 Certification Ltd may decide not to provide products or services even where it is permitted by law, particularly where the circumstances presents a reputational risk.
3core2 Certification Ltd will not undertake any business that would breach any export laws that apply to it.
Measures to Comply with Sanctions
Before engaging in any commercial relationship or transaction, 3core2 Certification Ltd ensures that these relationships and transactions comply with applicable UK, U.S., U.N., and E.U. Sanctions laws, by screening those individuals or entities against the SDN list and other relevant Sanctions lists.
3core2 Certification Ltd shall also screen its transactions as to potential violations on country specific sanctions.
The level of screening and due diligence undertaken depends on the risk profile of the particular relationship or transaction, with enhanced screening and diligence undertaken where the risks are greater. For example, where a relationship or transaction is with an internationally recognised individual or business in a country or countries that are not subject to Sanctions, a lower standard or diligence may be applied. Conversely, where a relationship or transaction is with an individual or business located in a high‐ risk jurisdiction, enhanced due diligence must be undertaken.
In carrying out such screening, 3core2 Certification Ltd may rely on information provided to it by its customers and business partners unless it is aware or suspects that those customers and business partners, or the information provided, is unreliable or dishonest, or relates to a high‐risk jurisdiction.
Contracts with Associated Persons must include provisions (i) representing that the Associated Person is not itself an SDN or otherwise the subject or target of Sanctions; (ii) requiring compliance with UK, U.S., U.N. and E.U. Sanctions laws and with this Policy, (iii) requiring that its Associated Persons do not engage in or facilitate any business activity that would lead 3core2 Certification Ltd to breach any applicable Sanctions obligations; and (iv) permitting 3core2 Certification Ltd to exit the contract if the Associated Person violates its contract with 3core2 Certification Ltd or this Policy, or becomes an SDN or otherwise the subject or target of Sanctions.
Neither 3core2 Certification Ltd nor any Employee shall engage in any commercial relationship or transaction that directly or indirectly involve:
- countries that are subjects or targets of Sanctions (“Sanctioned Countries”); or,
- nationals of Sanctioned Countries;
unless the contemplated commercial relationship or transaction has been screened and cleared for action in accordance with the applicable 3core2 Certification Ltd sanction screening systems, processes and procedures that are implemented by 3core2 Certification Ltd from time to time. For clarity, the fact that a country is a Sanctioned Country or a person is a national of a Sanctioned Country does not automatically mean that 3core2 Certification Ltd or an Employee cannot engage in any commercial relationship or transaction involving any such Sanctioned Country or person; however the transaction or commercial relationship intended by 3core2 Certification Ltd or the Employee would first need to be thoroughly screened by 3core2 Certification Ltd to ensure that it does not breach any Sanctions related legal obligation. If in doubt advice should always be obtained from the 3core2 Certification Ltd (email@example.com).
From time to time relevant Employees shall be informed by 3core2 Certification Ltd of those countries that are Sanctioned Countries. Because Sanction programs are dynamic and constantly changing, the countries that are Sanctioned Countries can change quickly; 3core2 Certification Ltd regularly reviews the UK, U.S., U.N. and E.U. Sanction regimes, and may update the list of Sanctioned Countries at any time.
Associated Persons shall also ensure that they do not engage in any commercial relationship or transaction that directly or indirectly involve countries that are subjects or targets of Sanctions and nationals of such countries unless the commercial relationship or transaction would have been screened and cleared for action in accordance with the applicable screening procedures and processes implemented by each Associated Person. Associated Persons shall at all times have in place systems, processes, policies and procedures to ensure compliance with this limitation. If in doubt as to whether any commercial relationship or transaction conducted by an Associated Person violates this policy, the Associated Person shall notify 3core2 Certification Ltd as soon as practicable.
For clarity and avoidance of any doubt
all commercial relationships and transactions, directly or indirectly, involving Sanctioned Countries and nationals of Sanctioned Countries shall be immediately cancelled and/or not pursued until screened and cleared for action in accordance with the applicable 3core2 Certification Ltd sanction screening systems, processes and procedures that are implemented by 3core2 Certification Ltd from time to time; and
commercial relationship and transactions with persons whose name is not on a list of Specially Designated Nationals may still be prohibited if that commercial relationship or transaction directly or indirectly, involves Sanctioned Countries and nationals of Sanctioned Countries. In such cases commercial relationships and transactions shall also be immediately cancelled and/or not pursued until screened and cleared for action in accordance with the applicable 3core2 Certification Ltd sanction screening systems, processes and procedures that are implemented by 3core2 Certification Ltd from time to time.
Employees and Associated Persons must not facilitate activities by any persons, including customers and passengers, that involve Sanctioned Countries or nationals of Sanctioned Countries, including by referring such business to other persons or entities.
If any Employee or Associated Person becomes aware of an actual or potential breach or a Sanctions regime, then he/she must notify the 3core2 Certification Ltd immediately. 3core2 Certification Ltd will then assess any notification received in the list of, amongst other things, any applicable reporting legal obligations binding 3core2 Certification Ltd.
Obligations of Employees and Associated Persons
Employees and Associated Persons must read and apply this Policy and must ensure compliance with this Policy.
The relevant 3core2 Certification Ltd units/departments dealing with customers suppliers and other business partners/counterparties shall screen and perform due diligence on each prospective customer, passenger, suppliers and potential business partner/counterparty. If there is any doubt whether screening and due diligence has been conducted with respect to any such person or entity, the 3core2 Certification Ltd Director must be contacted immediately.
Under no circumstances may an Employee or Associated Person act to avoid Sanctions obligations or detection of a relationship or transaction that would breach this Policy. 3core2 Certification Ltd and Employees and Associated Persons cannot advise customers or others as to how transactions may be structured or presented to evade applicable Sanctions or this Policy. This includes, but is not limited to, advising customers and others to amend any information or documents to include false or misleading information, to omit accurate information, or changing, removing or omitting information from a transaction or any business record that would otherwise lead to detection of a Sanctions issue.
Employees and Associated Persons may be subject to the Sanctions laws not only of the country or countries in which they live and work, but also of the country or countries of which they are a citizen, permanent resident, or visa holder. In addition, mere presence in a country, or even on a transitory basis, generally will make the Employee or Associated Person subject to the laws of that country while they are within or transiting through it. It is the responsibility of each Employee and Associated Person to understand and meet their Sanctions obligations as a citizen of a particular country or as a result of their presence in a particular country. Questions about particular circumstances should be directed to the 3core2 Certification Ltd Compliance Director. Depending on such circumstances, 3core2 Certification Ltd may require the Employee or the Associated Person to adhere to certain practices to ensure that 3core2 Certification Ltd adhere to certain practices to ensure that 3core2 Certification Ltd and the individual Employee or Associated Person comply with all applicable Sanctions requirements.
Consequences of Failure to Comply
Failure to comply with relevant Sanctions laws would constitute a breach of legal and/or regulatory requirements, and can expose 3core2 Certification Ltd to significant reputational damage, legal and regulatory actions, and financial loss, and can expose individual Employees or Associated Persons involved in any violation to substantial fines and imprisonment.
3core2 Certification Ltd has a zero tolerance approach to intentional violation of this Policy or applicable Sanctions regimes. If an Employee fails to comply with this Policy, then he/she may be subject to disciplinary action that may include dismissal from employment. Disciplinary measures will depend on the circumstances of the violation and will be applied in a manner consistent with 3core2 Certification Ltd ’s policies. In addition, Employees who violate the law during the course of their employment may also be subject to criminal and civil action.
3core2 Certification Ltd may terminate a business relationship with any Associated Person (including terminating all contracts and agreements in force between 3core2 Certification Ltd and any such Associated Person) by means of written notice to the Associated Person, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (whether direct and/or indirect) of any type or nature in favour of the said Associated Person, in the event that: i. the Associated Person fails to comply with any provision in this Policy and fails to remedy (if such a failure is remediable) that failure within 10 days of the Associated Person being notified in writing of the failure; or, ii. the Associated Person becomes a Specially Designated National or the subject or target of Sanctions.
Each Associated Person shall, without expense to 3core2 Certification Ltd, provide access (with appropriate prior notice from 3core2 Certification Ltd ) to all relevant documents, records, systems, processes, policies and procedures in order to enable 3core2 Certification Ltd (or its third party professional representatives) to audit and verify compliance by the Associated Person with this Policy. If an audit shows that an Associated Person is in breach of this Policy then the Associated Person shall, without delay, implement the necessary corrective action (if the breach can be corrected) determined by 3core2 Certification Ltd.
Revisions and Enquiries
3core2 Certification Ltd will unilaterally review this Policy on a regular basis at its absolute discretion, and will introduce revisions where necessary or appropriate. 3core2 Certification Ltd may also issue addenda, guidelines and memoranda from time to time to supplement this Policy.
For enquiries or any other matter relating to this Policy, the 3core2 Certification Ltd firstname.lastname@example.org
Reporting of Violations
3core2 Certification Ltd is fully committed to developing a “Speak up culture” – Employees and Associated Persons should not be afraid to speak up if they think that something is wrong or needs to be fixed. Employees and Associated Persons should at all times feel comfortable sharing their views, asking questions, flagging anomalies, expressing concerns, or reporting perceived violations of this Policy. If an Employee or Associated Person becomes aware of any suspected or known violations of this Policy or he/she realises that 3core2 Certification Ltd or an Associated Person performed a transaction prohibited by Sanctions, then he/she has a duty to promptly report such concerns in accordance with 3core2 Certification Ltd ’s Speak Up process for Reporting Concerns Relating to Financial Matters
Employees and Associated Persons shall periodically, whenever requested by 3core2 Certification Ltd (in the case of Employees, as a minimum once a year), individually confirm in writing to 3core2 Certification Ltd that he/she/it has read this Policy and agrees to comply therewith.