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it & service recruitment

Criminal Finance Act 2017

Following the introduction to Parliament of Regulations on 12 July, it has been confirmed that the Criminal Finances Act 2017 (the “Act”) will come into force on 30 September. Among other things, the Act creates two new corporate criminal offences in respect of the facilitation of tax evasion (collectively referred to as the ‘Corporate Criminal Offences’):

Failure of a relevant corporate body to prevent the facilitation of UK tax evasion by an associated person; and

Failure of a relevant corporate body to prevent the facilitation of non-UK tax evasion by an associated person.

There will be some circumstances in which the Corporate Criminal Offences will have extra-territorial application – where the offence relates to UK tax or in the case of non-UK tax where there is a demonstrable nexus with the UK and dual criminality. If a relevant body is successfully prosecuted they will face an unlimited fine and possible ancillary sanctions, such as confiscation or serious crime prevention orders in addition to suffering serious reputational damage. Aim Hire Global Ltd carries out regular checks and training to ensure compliance and adheres to the strict principles below:

Carrying out a risk assessment to identify the specific risks of facilitation.

Implementing procedures which are proportionate to the specific risks identified in the risk assessment.

Performing due diligence of staff, third parties and clients in proportion to the risks that they pose to the business.

Ensuring that there is a top level commitment within the organisation to preventing the facilitation of tax evasion.

Communication (including training) to employees and third parties to ensure procedures are embedded and understood.

Carrying out ongoing monitoring and review of procedures and risk assessment.

International Employment Legislation

We at Aim Hire Global Ltd, as a recruitment business, are bound by increasingly tight legislation whereby we are obliged to provide evidence that all payments made by us to contractors that we place, working either in the UK or internationally, either directly or indirectly, are made in a legal and compliant way failing which, should this not be the case, we and/or our clients can ultimately be held liable for all costs and consequences arising.  For all UK nationals, working in the UK or internationally, we have an obligation under the HMRC Reporting Regulations (Income Tax (Pay As You Earn) (Amendment No. 2) to supply to HMRC quarterly data that gives HMRC the information that enables it to prevent abuse of any offshore working (i.e. where payments are made outside the UK on which no UK income tax is paid by persons working via intermediaries). We are also governed by the Criminal Finances Act 2017 in regard to all payments made to any contractors of any nationality whereby we, as a recruitment business, have both a criminal and financial risk under the the new corporate offence of failing to prevent the facilitation of UK or foreign tax evasion if we utilise non compliant umbrella and management companies.

As all income derived from your contract is subject to and liable for income tax and social security in the country in which the work is carried out the requirement is that you are structured for “taxation” in that country and that all of the income derived from that contract is subject to taxation there. Although this principle is constant there are different mechanisms per country.  We thus require that you speak with at least one of our pre audited and pre approved “management/umbrella” companies (there will be different companies in different countries) and then confirm to us both that the advice given is clear and which of these companies you have selected to be your management company for the assignment.  We will then issue our contract to them and they will contract with you and structure you in the work country legally and compliantly.

 

Anti-corruption and U.S. Foreign Corrupt Practices Act

Aim Hire Global Ltd will not tolerate acts or attempts to improperly influence government personnel or private individuals to secure favorable regulatory treatment or improperly advance Aim Hire Global Ltd’s commercial interests. Any Aim Hire Global Ltd employee who violates the U.S. Foreign Corrupt Practices Act and any foreign law equivalents, and who does not uphold our Code of Conduct and associated policies will be subject to discipline up to and including termination of employment.

Antitrust and Unfair Competition

Aim Hire Global Ltd does not tolerate any business transaction or activity that violates the antitrust and competition laws of any country in which the company conducts business.

Compliance Reporting and Non-Retaliation

Aim Hire Global Ltd provides an effective process for Aim Hire Global Ltd staff or their representatives to express concerns and report potential violations regarding Aim Hire Global Ltd business conduct without retaliation or intimidation.

Conflicts of Interest

Aim Hire Global Ltd staff are responsible for avoiding situations in which personal interests, outside activities, financial interests or relationships conflict or even appear to conflict with the company’s interests

Environment, Health, and Safety

Aim Hire Global Ltd is committed to excellence in environment, health, and safety performance.

Professional Conduct

Ethical business conduct, professional behaviour, adherence to acceptable business principles, personal integrity and compliance with applicable laws and regulations are expected to be consistently demonstrated at Aim Hire Global Ltd.

Protection of Personal Information and GDPR

Aim Hire Global Ltd is committed to the lawful stewardship of personal information that is collected, stored and used by the company and Compliance to the GDPR introduced in May 2018. We respect personal privacy and are currently conducting the process of certification for ISO27001. Everyone in the company has a role to play in protecting and securing personal information. Any concerns related to a potential and/or actual breach of personal information are considered to be serious in nature, are thoroughly investigated and, if appropriate, measures are taken, up to and including immediate termination of employment, to the extent permitted by applicable laws. Non-employees may have their services terminated for violating Aim Hire Global Ltd’s Policy and related governance.

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