Gifts, Entertainment, and Improper Payments
Giving and receiving gifts of nominal value and entertainment that is not lavish or unreasonable is generally an accepted and legal business practice. However, offering, soliciting, or accepting an improper payment, i.e. a bribe, or anything that could appear to be a bribe is absolutely prohibited.
In fact, anti-corruption laws, such as the US Foreign Corrupt Practices Act, the UK Bribery Act, and other anti-corruption laws make it illegal for companies, or any of their agents or foreign subsidiaries, to provide anything of value directly or indirectly to a government or foreign official in order to secure or retain business or steer it to any other company or individual. Penalties can include steep fines and jail time.
Before giving a gift or participating in business entertainment, you are expected to understand any applicable laws, the recipient’s own policies regarding gifts and entertainment, and our policies, including the following guidelines:
- Giving Gifts and Entertainment
- Giving money, a gift, meals and entertainment, or any other thing of value, either yourself or indirectly through any third party, to any client, government official, or any other person that could influence or reasonably appear to influence business or our relationship with the recipient is expressly prohibited.
- Giving gifts of nominal value, such as a few promotional items like pens, mugs, etc. and entertainment that is not lavish or excessive is typically allowed, so long as it doesn’t violate any laws or the recipient’s policies.
- Government employees are subject to strict laws and generally can't accept any gifts or entertainment. Take special care if you frequently meet with government employees or clients, and consult with our law department before giving a gift to a government official or paying for entertainment.
- Ensure records of any expenditures on gifts and entertainment are accurately recorded.
- Receiving Gifts and Entertainment
- Soliciting or accepting money, a gift, meals and entertainment, or any other thing of value, either yourself or indirectly through any third party, such as a family member, that could influence or reasonably appear to influence your business decisions, is prohibited.
- Accepting a few gifts of nominal value, such as promotional items like pens, mugs, etc. and entertainment that is not lavish or excessive is typically allowed, so long as it doesn’t violate any laws or our Code.
- Report any gifts or entertainment that you or your family members receive that may violate our Code so our organization can remedy the situation.
- Improper Payments
- Never directly or through a third party agent or subsidiary, provide anything of value directly or indirectly to a government or foreign official in order to secure or retain business or steer it to any other company or individual.
- Ensure all agents who represent our organization comply with our policies and the law.
- Never make a “facilitating payment,” which is a small commission or fee paid to expedite a routine action or service, without getting management approval first and disclosing it to the law department. Although such payments are allowed under some laws under certain circumstances, other laws prohibit them entirely.
- If you are asked to direct business through a particular person or family member, make a payment to an unrelated party or person as part of a transaction, or do anything else that you feel is suspicious, ask your supervisor for guidance.
For further details, please consult the Code or contact your supervisor. Click the Continue button to advance to the next slide.