GLOBAL ANTI-CORRUPTION POLICY

Transcription

1 INTRODUCTION At Capital Safety, we behave with integrity, always. We will do business legally and ethically in all of our operations and in all parts of the world, without exception. Our Winning Behaviors provide that we will: Show passion for safety and quality; workers lives and their families depend on us! Listen to the voice of our customers; be agile and responsive to their needs. Be relentless in competition and innovation; get there first. Deliver the best products and services in the industry. Treat others with fairness and respect. Drive results and exceed expectations. Behave with integrity, always. Our Code of Conduct states: Capital Safety prohibits bribery and corruption in all aspects of its operations anywhere in the world. This Global Anti-Corruption Policy describes how Capital Safety will comply with our Code of Conduct s prohibition against bribery and corruption and how we will behave with integrity, always, with respect to anti-corruption and anti-bribery. The Global Anti-Corruption Procedures details the process to ensure compliance with this policy. 1

2 1. PURPOSE Behave with Integrity, Always is one of our Winning Behaviors at Capital Safety. We believe in delivering results and competing aggressively in the global marketplace and in doing it the right way. As part of doing things the right way, Capital Safety has adopted this Global Anti- Corruption Policy. Capital Safety s Code of Conduct, as well as the laws of most countries, prohibits Capital Safety from making a payment or providing anything of value to a government employee or politician for the purpose of obtaining or retaining business or otherwise securing an improper business advantage. Capital Safety will not bribe anyone. 2. POLICY Capital Safety will comply with the U.S. Foreign Corrupt Practices Act ( FCPA ), the U.K. Bribery Act and the anti-corruption laws of other countries in which Capital Safety does business. 1 Specifically, Capital Safety and its employees will: Make no payment nor provide anything of value to government employees or politicians for the purpose of obtaining or retaining business or otherwise securing an improper business advantage. All such payments, including facilitating payments to government employees to expedite or secure the performance of routine government action, are prohibited; o o Improper payments to political parties and political candidates can be violations of the FCPA. Political contributions on behalf of Capital Safety cannot be made unless first reviewed and approved by the Law Department; No charitable contributions on behalf of Capital Safety may be made at the request of any government employee, or otherwise for the benefit of any government employee (or his or her family member). 1 While this policy focuses on actions related to government employees, such payments or transfer of value in the private sector may also violate applicable laws as well as our Code of Conduct. See the Code of Conduct at Section 3 Giving and Receiving Gifts, Entertainment or Hospitality for additional guidance. 2

3 Take reasonable steps to ensure that intermediaries acting on Capital Safety s behalf do not make any payment nor provide anything of value to government employees for the purpose of obtaining or retaining business or otherwise securing an improper business advantage; Provide nominal gifts and modest meals for government employees only if directly related to the promotion, demonstration or explanation of Capital Safety s products and services, or the execution or performance of a contract with the government or a governmental agency. Such gifts and meals must also comply with local law, Capital Safety s Code of Conduct and its gifts, travel and entertainment policies specifically and must have only nominal value in the context of the local economy; Perform risk-based anti-corruption due diligence and follow related integration plans developed for each acquisition, as approved by the Law Department; Discuss any red flags with the Law Department; Maintain accurate books and records which, in reasonable detail, accurately and fairly reflect transactions and dispositions of assets, including the recording of the name, affiliations and business purpose for any gifts, travel and entertainment activities. 3. EXPLANATION OF KEY TERMS Anything of value includes money, stocks, entertainment, meals, lodging, transportation, information, offers of employment for the government employee or a relative of the government employee, payment or reimbursement of travel expense, discounts on Capital Safety products not otherwise generally available, assumption or forgiveness of debt, personal favors and other gifts. The FCPA allows companies to make payment for reasonable and bona fide expenditures, such as travel and lodging expenses that are directly related to the promotion, demonstration or explanation of products and services, or the execution or performance of a contract with a government or its agencies. Accordingly, any nominal gifts and meals for government employees are permissible only if directly related to the promotion, demonstration or explanation of Capital Safety s products and services, or the execution or performance of a contract with the government or a governmental agency. Such nominal gifts and meals must also comply with local law, Capital Safety s Code of Conduct and, in any event, have only nominal value in the context of the local economy. 3

4 Distributor is a company or individual that purchases products from Capital Safety for resale (including installation), inventories Capital Safety products and delivers Capital Safety products to customers, whether the Distributor resells the Capital Safety product unaltered, installs the product or adds value in some way (such as an Original Equipment Manufacturer or OEM ). Government Employee is any person acting in an official capacity for, or on behalf of, a government, a public international organization or any department, agency, or instrumentality thereof. This also includes any entity hired to review and accept bids for a government agency. An employee of a state-owned or state-controlled company is a government employee, as is a member of a royal family who is an officer or who otherwise maintains managerial interest in government controlled industries or companies. This definition also includes a political party or party official, or a candidate for political office. In other words, if someone has the ability to influence a government decision, that person should be considered a government employee, unless the Law Department advises otherwise. Payment. This includes any actual payment or gift, any offer to pay or give, or any promise to pay or give the recipient money or anything of value. The promise or authorization of any of these acts, even though no actual payment is made, violates this policy and the FCPA. Facilitating payments, also known as speed money, are small, infrequent payments (generally no more than US$100 and usually considerably less) that are made to government employees (in contrast to a government agency or other unit of government) to expedite routine, non-discretionary governmental actions (such as obtaining work permits and visas, expediting customs clearance, product registration, or inspections) and are prohibited by this policy. Intermediary is a third party, such as a distributor, OEM (original equipment manufacturer) sales agent, customs broker, consultant or other third party who sells to or otherwise interacts with a government employee on behalf of Capital Safety. Red flags are indications that further inquiry is warranted because of facts that increase concerns of potential corruption risk. Examples of red flags are (a) an Intermediary who either is a government employee, employs a government employee or has a government employee as a shareholder or on its board of directors, (b) an Intermediary recommended by a government employee, (c) an Intermediary who has close personal, family or business relationships with a government employee, or (d) an Intermediary has asked for unusual payment arrangements such as payment in cash, payment to a location other than the country where the services are performed or payments without supporting detail. Sales Agent (also known as a broker, manufacturer s rep, non-employee commissioned salesman) solicits sales of Capital Safety products in return for a commission or other compensation but does not purchase or inventory Capital Safety products. 4

5 4. SCOPE This policy applies to all Capital Safety companies and all locations worldwide. 5. RESPONSIBILITY It is the responsibility of all employees who work, directly or indirectly, with government employees to comply with this policy. Any employee of Capital Safety or any Capital Safety company who takes any action inconsistent with these principles violates this policy. The Capital Safety employee seeking to retain the intermediary has the responsibility to comply with the procedures described in the Global Anti-Corruption Procedures. Failure to comply will result in appropriate discipline, which may include termination of employment, as well as civil and criminal fines. 5

6 APPENDIX 1 CAPITAL SAFETY COMPLIANCE HELPLINE The Capital Safety Compliance Helpline is operated by an independent third party, available 24 hours a day / 365 days a week, with interpreters available for numerous languages. You can choose to be anonymous if applicable law allows. If you have questions regarding whether a particular action is appropriate or to make a good faith report of suspected misconduct, you are encouraged to first go to your supervisor, your Regional Finance Director or the Law Department, but if these channels of communication are not practical, the Capital Safety Compliance Helpline is another option. It is Capital Safety s policy to forbid retaliation of any kind against Capital Safety employees who report potential or actual ethics or legal violations in good faith, including those related to anticorruption compliance. Capital Safety employees have the right and obligation to address ethical concerns in good faith without fear of punishment or harassment from co-workers, supervisors, or senior management. Capital Safety values compliance with our legal obligations and ethical standards. Follow these steps to reach the Capital Safety Compliance Helpline: For the U.S. and Canada, call: Other countries: 1. Find your country in the list below 2. Dial the toll-free number listed 3. Then dial Country Access Code Country Access Code Australia or Mexico or or or or Brazil or New Zealand

7 China or or or Singapore or Colombia or Slovakia France or United Kingdom or or Germany You can also use the following weblink to contact the Capital Safety Compliance Helpline: (U.S. and Canada) (All other countries) 7