1 General
1.1 ABAC General – Honest Business Conduct
At Your Organization you’re committed to conducting your business fairly, transparently, and with integrity. We are committed to applying the highest ethical and legal standards. We conduct business fairly and with integrity. We don’t make, offer, or authorize Bribes or conduct any other form of unethical business practice. We believe in competing on the merits of your products. We seek approval for your actions.
· We each have a responsibility to make decisions in the Organization’s best interests and to ensure that you base your dealings with business partners on objective decisions and are not influenced by Gifts or Hospitality. If a potential Conflict of Interest may exist or may appear to exist, you discuss it with your manager.
· We do not offer Donations and Sponsorships when they pose a bribery risk, for example, when the charity or the sponsored event is associated with Government Officials . We seek approval from your manager, and you are careful to ensure due diligence and transparency.
· We don’t make, offer, authorize or accept bribes or Facilitation Payments. Any kind of bribery or corruption is unacceptable and will not be tolerated.
· We don't enter into fake contracts/consultancy agreements. For example, when you agree to a contract for a consultant to be available and not for the service provided. We must be careful to ensure due diligence and transparency.
· All Gifts and Hospitality given or received must be of modest value and appropriate to the business relationship. Please note that the Hospitality rules are also applicable to hospitality related to marketing events.
1.2 General – Responsibilities gifts, hospitality and anti-bribery Our gifts, hospitality and anti-bribery rules apply to every Your Organization employee worldwide, from directors and consultants to temporary or contract staff. They also apply to employees in all subsidiary and affiliate companies over which Your Organization exercises management control.
1. In case of any doubt, you reach out to Candid or your Compliance Officer.
2. We must ensure proper and timely disclosure, discussion, and documentation of your actions in line with the abovementioned procedures.
3. You must ensure that your actions do not violate local laws or regulations, are consistent with reasonable local customs, and will not adversely affect the reputation of Your Organization.
4. Violations of these Rules and Procedures may result in disciplinary action, up to and including termination of the employment or contract.
5. We report any suspected or known violations of these Rules and Procedures to your manager, Human Resources, Integrity and Compliance manager, your Legal partner, or the Whistle-blower grievance mechanism. There are no repercussions for submitting a Whistle-blower report in good faith.
1.3 Gifts General Business courtesies such as gifts and hospitality are an important way to cement good business relationships. However, such courtesies can have negative consequences if they’re not handled correctly.
Your Organization does not prohibit giving or receiving reasonable, proportionate, and appropriate gifts, hospitality, promotional activities, or other similar business expenditure as long as they:
· Do not involve cash or a cash equivalent or a precious article (jewellery or any items made from or plated with precious metals or (gem)stones)
· Are for legitimate business purposes.
· Are given at an appropriate time.
· Are given openly, not secretly.
· Are approved by management.
2 Why
2.1 Why Anti-Bribery rules and proceduresThe Anti-Bribery rules and procedures:
· Give a more detailed description of what you should and should not do related to gifts, hospitality, and other anti-bribery (rules), and
· Describe your responsibilities and provide basic guidance on how to deal with issues relating to these topics and information on how to comply with our rules (procedures).
By following the rules and procedures you ensure that you conduct business with integrity and compliance with local laws, regulations, business unit or regional rules and other international rules. In case of conflict, the most stringent standard applies. Please refer to Candid
2.2 Why gifts rules and proceduresAt Your Organization, you don’t promise, offer, give, or authorize anything of value, directly or through others, with the intent to improperly influence or reward a business decision. We each have a responsibility to make decisions in the Organization’s best interest and to ensure that you base our dealings with business partners on objective decisions and are not influenced by Gifts.
These rules and procedures must be followed to ensure that you conduct business fairly, transparently and with integrity and in compliance with applicable laws and regulations as well as Your Organization’s core values and standards. In case of conflict, the most stringent standard applies.
Key Objectives:
- Prevent bribery and unethical/improper influence in business decisions via gifts.
- Promote adherence to local laws and organizational policies.
- Promote ethical business practices.
- Ensure gifts are modest, appropriate, and documented.
3 Definitions and examples 3.1 BribeAnything of value (i.e., not only money) that provides a benefit to the recipient, such as cash or cash equivalents (e.g., gift vouchers), the purchase of property or services at inflated or discounted prices, extravagant hospitality, cars, jewellery, home improvements, intangible benefits, travel, and shares. It may also include individual financing or discounts not generally available, such as a scholarship or an internship for a relative.
For something to be considered a bribe, the unfair advantage doesn’t need to directly benefit the person paying the bribe. It can also benefit someone else such as a family member. It can still be considered a bribe even if the recipient receives a particular benefit at a later stage. The act of offering payment of a bribe, without making the payment, still violates anti-bribery rules and certain laws.
Anything of value
A bribe doesn’t have to be a cash payment. It can be anything of value.
that directly or indirectly benefits the recipient. Bribes can include:
• Goods or services
• Gifts
• Travel (including travel upgrades)
• Meals
• Trips, events, and other hospitality
• An offer of employment, promotion, or related honour (this also applies to family members)
• A charitable contribution or donation
• The uncompensated use of Your Organization services, facilities, or property
• Tickets to a sporting or other hospitality event
• A contract
• An official permit or administrative decision in an Organization’s favour
3.2 BriberyBribery is the act of making, offering, authorizing, or accepting bribes of any kind.
A bribe can be anything of value – financial or otherwise – that is used to secure an
unfair advantage. This could be a cash payment or the promise of being awarded.
a contract.
It is also considered bribery when something of value is offered to encourage or reward someone for acting improperly. For example, paying someone money to withhold sensitive information from the authorities. Your Organization prohibits all forms of bribery, including instances where a business partner is used to pay or accept the bribe.
Bribery is a criminal offence and includes:
• If you are offering or accepting a bribe (known as active and passive bribery)
• If you are bribing a government official or non-government official (known as public and commercial bribes)
• If you fail to prevent a bribe being paid on an organization’s behalf The anti-corruption laws of some countries, notably the US and the UK, apply to the actions of individuals and companies even when they conduct business abroad.
3.3 Government Official General “Government Officials” are:
· an officer or employee of any government, department, agency, bureau, authority, or state-owned or state-controlled entity.
· acting in an official capacity for or on behalf of any government, department, agency, bureau, authority, or state-owned or state-controlled entity.
· an official, employee, or person acting on behalf of a government-sponsored or public international organization such as the European Union, the United Nations, or the World Bank.
· holding a legislative, administrative, executive, or judicial position, whether appointed or elected, a political candidate, or
· an officer or employee of a political party; a member of a royal family; or a family member of, or otherwise closely associated (whether family or personal), with any of the foregoing.
Some examples of government officials are public servants, public officials, administrators, policemen, military, judges, public prosecutors, tax or customs officials, employees in-state companies, local politicians, political parties, political officials or candidates for political office, members of the royal family, mayors, and city council members.
3.4 Government Official Definition JapanGovernment Officials in Japan include but are not limited to (i) a national or local government official, a member of an assembly or committee, or other employee engaged in the performance of public duties in accordance with laws and regulations; (ii) “quasi-public official” (minashi koumuin) such as a private person performing a service related to public interest, e.g. officers and employees of the Bank of Japan, national universities, state-owned enterprises, entities that provide qualification tests for license, notaries public and former state-owned enterprises such as JR (Japan Railway) and JT (Japan Tobacco).
3.5 Government Official Definition KoreaGovernment Officials in South Korea include but are not limited to (i) national/local government officials, (ii) officers and employees of public institutions or public service-related organizations, (iii) officers or employees of education foundations, (iv) faculty or staff of public or private schools and (v) journalists and other employees of media companies.
3.6 Relatives"Relatives" are any family member (whether through blood or adoptive/foster relationships or other legally recognized family like relationships) such as spouse, domestic partner, parent, grandparent, child, grandchild, sibling, in-law, aunt, uncle, niece, nephew, cousin, step-relatives; others residing in the same household.
3.7 Your Organization’s best interestIt includes Your Organization’s business and financial interests as well as its safety, integrity, and sustainability interests.
3.8 GiftA Gift refers to any gift, gratuity, favours, benefit, or any tangible and intangible items having monetary value, for which fair market value is not paid by the recipient and does not involve the presence of an Your Organization employee.
3.9 Annual gift value Total value of gifts offered to/received by an organisation during one calendar year.
3.10 Policy Gift ThresholdMaximum monetary value of a gift under the Gift Policy. If the Policy Gift Threshold is higher that the local threshold, the lowest amount of the Local Gift Threshold should be applied. In case of a conflict between our policies and local standards, the strictest standard applies.
3.11 Local Gift ThresholdMaximum monetary value of a gift allowed under the local gift rules. If the Local Gift Threshold is lower that the Policy Gift Threshold , the lowest amount , i.e. the Local Gift Threshold should be applied. If the Local Gift Threshold is higher that the Policy Gift Threshold , the lowest amount , i.e. the Policy Gift Threshold should be applied.
3.12 Gift IDAll gifts received or offered, except for small promotional items, need to be registered. After approval a unique Gift ID is generated. When the gift expense is declared, this Gift ID must be provided as it enables tracking and monitoring.
3.13 Precious ArticlePrecious Articles include, but are not limited to:
· Precious metal like gold, silver, and platinum.
· Precious stones like diamond, ruby, or any gem.
· Any jewellery or any items made from or plated with precious metals or stones.
· Vouchers provided to enable purchase of these precious metals or stones.
· Any other article, the value of which appreciates over time.
3.14 Cash or cash equivalents
Cash or cash equivalents are not allowed as a gift. Examples of cash equivalents: gift cards, gift certificates, shopping cards, lottery tickets, or vouchers.
3.15 Hospitality· the friendly and generous reception and entertainment of guests
· the business of providing food, drink, and/or accommodation, for customers at a venue such as a restaurant, bar, or hotel
· food, drink, and entertainment provided by an Organization for customers/business partners.
3.16 Business partnersBusiness partners include anyone who supplies products or services to the Organization, manufactures for the Organization, co-develops with the Organization, advises the Organization, markets products for the Organization or represents the Organization.
Under policies, if a business partner pays a bribe, it’s the same as if the Organization had offered the bribe. We expect all our business partner representatives to conduct business in line with our standards and anti-corruption practices.
The Organization can be held liable for the actions of organizations or individuals working on the Organization’s behalf anywhere in the world.
3.17 Business Partner - Red flagsBe vigilant when dealing with business partners. Investigate any dubious
arrangements or conduct. Common red flags or warning signs include:
• Evasive answers to straightforward requests for information
• Excessive payment arrangements
• Refusing to sign our Business Partner Code of Conduct
• Requesting to keep their identity confidential.
• Using ‘everyone else does it’ as an excuse to explain behaviour.
• Unusual payment patterns
• Refusing to put agreements in writing.
• Requesting a donation to charity
• Insisting on receiving a commission or fee before committing to sign a contract or carry out a government function or process on our behalf.
• Alarm bells should ring if “success fees” are unusually high or changes to commissions are required.
3.18 Unusual payment patternsIndicators of unusual payment patterns include:
• Ad hoc or unusual requests to reimburse expenses that aren’t properly covered by accounting procedures.
• Payments not made or received against invoices
• Payments made to a personal bank account.
• Payments not made or approved in accordance with the ‘four-eyes’ principal of at least two approvers
• Requests to make payments into a bank account not located.
• in either the country where the services were rendered or the country where the recipient of funds is located
3.19 Gift Red FlagsBeware, as extravagant or lavish gifts and hospitality can constitute bribery, especially when:
· The recipient is expected to offer something in return.
· Government officials are involved.
· It is offered within the context of other gifts and hospitality previously offered to the same recipient.
· It is given prior to the finalization of a commercial agreement or arrangement.
· If there is a danger that either party’s decision could be, or appear to be, influenced, you should refrain from exchanging gifts.
· In no circumstances should gifts valued at more than €50 be given or accepted.
3.20 Gift Policy RequirementsThe Gift Policy does not prohibit giving or receiving reasonable, proportionate, and appropriate gifts, hospitality, promotional activities, or other similar business expenditure as long as they are:
- Not cash or a cash equivalent.
- Valued below the Policy Gift Threshold or Local Gift Threshold.
- In compliance with local laws and organizational rules
- Not classified as a "Precious Article."
- Not given to or received from Government Officials.
· given at an appropriate time.
· given openly, not secretly.
3.21 Gifts - Generally Acceptable · Promotional small gifts (e.g., pen, notebook, coffee mug, promotional T-shirt, mouse pad)
· Non-lavish meals/Hospitality where both parties are present.
· Non-lavish gifts
3.22 Gifts – Generally Unacceptable· Gifts to government officials
· Cash or cash equivalents (e.g., gift cards, gift certificates, shopping cards, lottery tickets, or vouchers)
· Gifts worth more than the policy gift threshold or local gift threshold
· Gifts intended to influence a business decision
· Precious articles like gemstones, golden or silver coins, jewellery
3.23 Facilitation Paymenta. Facilitation Payments are unlawful or questionable payments to Government Officials that are used to facilitate, expedite, or secure the performance of routine government services or activities that Your Organization is otherwise entitled to receive. These payments are prohibited and should not be made directly to Government Officials or indirectly via a third party.
b. Facilitation Payments do not include official and documented fees or payments built in a formal or official government process to obtain expedited, priority, or emergency services, passports, visas, or other government-required travel documentation for employee use.
3.24 Personal Safety payments a. Personal Safety Payments are payments made in extraordinary circumstances where you are left with no alternative but to make payments to protect life, liberty, ensure health and safety or avoid physical harm to an individual.
b. We may accept or authorize a Personal Safety Payment if there is no other reasonable alternative to protect life, liberty, ensure health & safety, or avoid physical harm to an individual.
3.25 DonationDonations are voluntary payments in the form of money, in-kind contributions (including Your Organization products and non-Your Organization products and/or services), or anything of value to a non-profit, charitable, or similar organization, where Your Organization does not expect to or intend to receive any tangible and measurable benefit, consideration, or service in return.
3.26 SponsoringSponsorships are any arrangement whereby Your Organization provides money, in-kind contributions (including (Your Organization’s) products and/or services), or anything of value to a third party, where Your Organization expects or intends to associate its image, brands, or products with an activity, event, or organization.
3.27 Consequences of non-complianceViolating the Gift Policy can have serious consequences. If you fail to comply with the rules and procedures outlined in the policy, you may be subject to disciplinary action, up to and including termination of employment. This is because offering or accepting inappropriate gifts can cause non-compliance with anti-bribery laws and regulations.
The key objectives f the anti-bribery and corruption policies is to:
- Prevent bribery, corruption and unethical/improper influence in business decisions via gifts.
- Promote adherence to local laws and organizational policies.
- Promote ethical business practices.
- Ensure gifts are modest, appropriate, and documented.
Specifically, violating the Gift Policy can result in:
• Disciplinary action, such as a warning or suspension
• Termination of employment
• Liability to reimburse any gifts that were not properly reported or approved
• Other consequences as determined by management
It's essential to understand that compliance with the Gift Policy is everyone's responsibility. If you're unsure about how to handle a specific situation, I recommend consulting with your compliance officer.
4 Legal BasisAnti-Bribery and Corruption Policies:
This includes the UK Bribery Act, the US Foreign and Corrupt Practices Act and the regulations of international bodies such as the United Nations and the Organization for Economic Cooperation and Development. If you feel special attention to local laws that may be applicable is required, please consult with your Compliance Manager. We also refer to the local annex with local stricter rules for some countries where Your Organization operates.
5 3Ps
5.1 3Ps General - Apply the 3Ps when facing an ethical dilemma.Whilst it is important to understand our key behaviours, there will also be situations where there is no clear rule. How do you decide whether a gift, hospitality, or covering travel expenses for a business partner is acceptable? Whenever you’re in such a situation and need some help to decide; Apply the 3Ps!
Ask yourself:
· What is the Purpose of what you are doing? Can your decision be justified, and will people understand?
· What is the Perception that others (colleagues, customers, journalists) will have about what you do? What would it look if others find out what you did? What if this would appear in the newspaper?
· Are you following the right Process?
Ask yourself whether the offer is reasonable, in proportion and reflects the business situation. Would it appear to compromise anybody’s ability to make objective and fair business decisions? If so, you must decline.
5.2 3ps Gifts Purpose: Intent – is it likely to influence a business decision? An important factor to consider before accepting or offering a gift, hospitality, or sponsored travel is the intention behind it, i.e. the purpose of the parties involved. The more lavish the hospitality event or the bigger the expense in relation to other related business expenditure then the greater the chance that it’s intended to improperly influence someone’s business decision.
Gift offer: What is the purpose of offering this gift? Am I trying to influence the recipient? Am I creating certain expectations?
Gift receipt: Why am I being offered this gift? Is it intended to influence me? Is the person that offers the gift expecting something in return?
Perception: Is it reasonable, proportionate, and appropriate? The practice of giving gifts varies between countries and regions. What may be normal and acceptable in one region may not be in another. This also changes at different times in the year, such as during traditional “gift-giving” seasons. Your Organization applies the same principles throughout the year in all the regions where it operates – always ask yourself whether the gift or hospitality is reasonable, in proportion and justifiable. For example, you should not offer or accept travel or hotel arrangements associated with hospitality.
Arguing that all customers, from both the public and private sectors, are treated in the same way or that “everyone else does it” is not a legitimate reason for breaching the law or Your Organization’s anti-bribery and corruption rules. If you are not sure whether a gift or hospitality is reasonable.
Gift offer: How might others perceive this gift offer? Will it create expectations? Will it be seen as an attempt to influence the recipient?
Gift receipt: How might others perceive it if I accept this gift? Will it create expectations at the side of the person offering the gift? Will it be seen as an attempt to influence me?
Process; Did you follow the procedure for gifts, register the gift and f required got the approval before offering or accepting the gift? Did you return the gift if it did not meet the requirements of the policy?
5.3 3Ps Gifts example Question: I want to send a Christmas gift to my best customer’s procurement manager. I want the gift to be something that “looks good”. What should I consider when I’m deciding on a gift?
-Purpose, You want to show the procurement manager that Your Organization appreciates the customer and solidify the business relationship.
-Perception Will the gift set an unrealistic expectation with the customer? Could the gift be viewed by others as a bribe because of its nature or value? Does the gift come at a time when a bid proposal is outstanding?
-Process: Did you follow Your Organization Rules on cost and relevant approvals? Did you review the customer’s rules for receiving gifts?
6 Repercussions / Consequences Non-Compliance / Penalties for non-compliance Being associated with bribery and corruption could have severe repercussions for the Organization over and above the damage to the Organization’s reputation. We could face fines and compensation claims from those who have lost out because of the offence. We could also suffer financially if we’re no longer able to tender for public contracts or lose our license to operate in a region.
For example, companies can be fined per violation. Individuals associated with bribery – even though they’re acting as an employee or representative of the Organization – can face criminal prosecution resulting in prison sentences. They can also be fined . Those involved in bribery and corruption will also face severe disciplinary action from Your Organization, including dismissal.
- Disciplinary Action: Violations may result in termination or legal action.
- Legal Repercussions: Potential fines and criminal charges for bribery/corruption violations.
7 Responsibilities
7.1 Employees (including managers):
- Must register gifts, ensure compliance, and report violations.
- In the event that a local rules is stricter than the standard rule in the policy, the user must always apply the strictest rule.
If:- the country the user works in and/or
- the country that their Gift or Hospitality recipient is based in (gift offered) and or
- the country that their Gift or Hospitality offeror is based in (gift received)
If:
- the country the user works in and/or
- the country that their Gift or Hospitality recipient is based in (gift offered) and or
- the country that their Gift or Hospitality offeror is based in (gift received)
7.2 Managers: Approve or reject gifts, provide guidance on policy.
7.3 Compliance OfficerOversee adherence, resolve uncertainties, and handle escalations. Compliance has the final say in what gifts are and what gifts are not approved regardless of policy conditions and decisions from direct manager.
8 Exceptions and Special Cases
- Gifts within personal/family relationships must not bypass the Gift Policy. These gifts require review in potential conflict-of-interest cases.
- All questions out of scope, i.e. not related to compliance with the rules as set out in this rule engine should not be answered.
Rule:
IF question is out of scope
THEN refer to compliance officer
IF: the user is not happy with the answer
THEN refer to compliance officer
IF: the user want to request a waiver or things their situation/case warrants an exception to the rules
THEN refer to compliance officer
IF: the user want to request ask for permission and or register a large number of gifts
THEN refer to compliance officer who can assist with bulk upload
9 Rules Key Rules and Guidelines (IF, THEN, ELSE Statements)
9.1 Gift GeneralIF a gift is being offered or received, AND it is:
- Not cash or a cash equivalent AND
- Valued below the Local Gift Threshold AND
- In compliance with local laws and organizational rules (rule @@) AND
- Not classified as a "Precious Article." AND
- Not given to or received from a Government Official AND
· is given at an appropriate time AND
· Is given openly, not secretly AND
THEN register the gift for approval under the gift procedure, [trigger gift registration scenario script]
ELSE do not offer the gift, decline or return the gift or seek guidance from a Compliance Officer.
9.2 Small Promotional GiftIF a gift is considered a small (promotional) gift
THEN no registration is required
ELSE follow the rules for gifts
9.3 Local Gift ThresholdIF the Local Gift Threshold is lower than the Policy Gift Threshold
THEN apply the Local Gift Threshold
ELSE apply the Policy Gift Threshold
9.4 Gift not allowedIF the gift is
- promised, offered, given, or authorized directly or through others, with the intent to improperly influence or reward a business decision AND/OR
- has an estimated value over the (local) gift threshold[CS1] [CS2] AND/OR
- A cash or cash equivalents, irrespective of the value AND/OR
- A Precious Article AND/OR
- excessive based on marketplace practices AND/OR
- lavish or extravagant AND/OR
- not in accordance with local law AND/OR
- likely to risk the safety of people or Your Organization’s reputation AND/OR
- to/from a Government Official AND/OR
- is for illegitimate business purposes AND/OR
- is given at an inappropriate time AND/OR
- is given secretly AND/OR
- is not approved AND/OR
THEN it is not allowed under the Gift Policy.
ELSE register and proceed with gift rules
9.5 Rule: Out of scope gifts- IF the gift is
o to/between employees AND/OR
o An employee benefit or a reward for employee performance AND/OR
o Qualifies as a donation AND/OR
o Qualifies as sponsoring/a sponsorship AND/OR
o Qualifies as a facilitation payment or a personal safety payment
- THEN the gift is not covered by the Gift Policy
9.6 Rule: Red Flags- IF the gift is lavish, timed with contract negotiations, or appears to influence business decisions,
THEN consult the Compliance Officer and reject the gift.
ELSE follow the usual gift review process.
9.7 Rules Reporting Suspicious Activities - BriberyIF your are ever offered a bribe, asked to make one, or see it happening
THEN you must raise your concerns or suspicions about any wrongdoing at the earliest possible opportunity:
· Raise your concern with the person involved AND
· refer them to the rules of the Code of Conduct ; AND
· If you believe your concern is not being addressed properly by the
person involved, discuss your concern with your manager, HR
Business Partner, Candid or Compliance Officer, OR
· Report the incident using our speak up channel / whistle-blower hotline
We’ll take your concern seriously and deal with any issue appropriately and confidentially. Do not do anything that could be interpreted as accepting or even considering the offer until you have consulted with the relevant people. Your Organization’s Code of Conduct puts integrity, compliance, and our legal obligations ahead of our business results. Anyone who raises a concern, queries suspicious behaviour, or reports an offence will be protected from retaliation. For further guidance, please refer to the Speak up channel / whistle-blower hotline portal
9.8 Rule Offering a giftIF You intend to offer a gift – apart from small (promotional) gifts –
THEN Request approval first through the gift registration form[CS3] . Information you need to provide is:
- Other party: the full name of the party that you intend to offer the gift to, including their name, role, and Organization name.
- Conformation that the gift is not offered to a government official
- Conformation that the gift is not a precious article
- The approximate value of the Gift and related currency.
- Description of the Gift.
- The context in which the Gift is offered and why.
9.9 Rule Receiving a giftIF you receive a gift – apart from small (promotional) gifts –
THEN you must register it as soon as possible through the gift registration form. Information you need to provide is:
- Other party: the full name of the party that offered you the gift, including their name, role, and Organization name.
- Conformation that the gift was not offered by a government official
- Conformation that the gift is not a precious article
- Approximate value of the Gift and related currency.
- Description of the Gift.
- The context in which the Gift was offered and why.
9.10 Rule return non-compliant GiftIF you receive a Gift that does not comply with the Gift Policy,
THEN you take the following measures.
· Register the gift in the Gift registration form and follow the instructions.
· Immediately return the Gift to the Gift offeror.
· Inform the Gift offeror that the Organization rules will not allow us to receive such a Gift in the future.
ELSE If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the Compliance Officer for disposition.
9.11 Local Gift Rules (Country-Specific)9.11.1 Local Stricter Rules in Knowledge Base
- IF
- the country the user works in and/or
- the country that their Gift or Hospitality recipient is based in (gift offered) and or
- the country that their Gift or Hospitality offeror is based in (gift received)
THEN the users needs to abide to those stricter rules.
9.11.2 Local Stricter Rules not in Knowledge Base and/or unknown to userIF
- the country the user works in and/or
- the country that their Gift or Hospitality recipient is based in (gift offered) and or
- the country that their Gift or Hospitality offeror is based in (gift received)
9.11.3 Lower Local Gift Threshold
- IF Local Gift Threshold < Policy Gift Threshold,
THEN apply Local Gift Threshold
ELSE apply Policy Gift Threshold - Tags: Local Gift Threshold
9.11.4 Argentina & Ecuador Local Rule
- IF total annual gift value > USD 50,
THEN reject the gift,
ELSE register and proceed with gift rules
9.11.5 Brazil Local Rule
- IF gift value > BRL 100 OR more than one gift is given/received to/from the same person annually,
THEN reject the gift,
ELSE register and proceed with general approval.
9.11.6 Japan Local Rule
- IF the gift is offered to a recipient in Japan,
- THEN check whether the recipient qualifies as a Government Official under Japanese Rules,
- IF the gift is offered to a Government Official under the Japanese definition,
- THEN reject the gift regardless of value,
ELSE proceed with general gift approval rules.
9.11.7 Korea Local Rules
- IF the gift is offered to a recipient in Korea
- THEN also check whether the recipient qualifies as a Government Official under Korean Rules,
- IF the gift is offered to a Government Official under the Korean definition,
- THEN reject the gift regardless of value,
ELSE proceed with general gift approval rules.
9.11.8 No local stricter rules
- IF no stricter local rule is applicable,
THEN register and seek approval as per global policy,
ELSE reject the gift.
9.12 Out of scope questionIF question is out of scope
THEN refer to compliance officer
9.13 User question not answeredIF: the user is not happy with the answer or thinks that the question is not answered
THEN refer to compliance officer
9.14 User wants to be referred to compliance officerIF: the user wants to be referred to the compliance officer for further assistance
THEN refer to compliance officer
9.15 Waiver or exceptionIF: the user want to request a waiver or things their situation/case warrants an exception to the rules
THEN refer to compliance officer
9.16 Large number of giftsIF: the user wants to request / ask for permission and or register a large number of gifts
THEN refer to compliance officer who can assist with bulk upload.
[In future create an online ‘portal’ for this person so the user can do this via laptop without help of compliance officer. Compliance officer will only be notified/part of approval flow]
10 Scripts
@@ END script always same message
Examples good answers
11 Scripts Procedures11.1 Gift Offer: Registration and Approval >> retrieve user information from user profile
> Hi [NAME], In order to get approval to offer a gift I need the following information:
> Do you want to offer the same gifts to six or more recipients?
Yes, please refer me to a compliance officer for bulk registration
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
Yes, but I will register them one by one
> next question
No
> next question
Employee_name
Business_Unit
Confirm
> Edit (drop down)
> You are based in [OFFEROR_COUNTRY]copy from user profile], correct?
> Confirm
> No (country drop down)
> Next question
> What is the country of the person receiving the gift
> Country (dropdown)
[RECIPIENT_COUNTRY]
> Next question
> >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a specific definition for government official?
>
YESà
> The definition of government official in [country X] is: [Definition Government_Official_Country X]
> I understand
> next question
>
No à
> Do you know what a government official is?
> No
> provide definition.
> The definition of government official is: [definition government_official_general]
> Next question
> Yes à
> next question
> Is the gift intended for a government official?
> Yes à
> I’m sorry, [Employee_name] gifts to government officials are not allowed.
OK, I understand
> @@ advice
Please refer me to our compliance officer
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
Not sure.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_government_official]
> next question
> Do you know what a precious article is?
No
> provide definition
> The definition of precious article is: [definition precious article]
> next question
Yes
> next question
> Is the gift you intend to offer a precious article?
Yes
> I’m sorry, [Employee_name] these kind of gifts are not allowed.
>
OK, I understand
@@ advice
> End Script
Please refer me to our compliance officer
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
Not sure.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_precious_article]
> next question
> Is the gift you intend to offer cash or a cash equivalent (e.g., gift cards, gift certificates, shopping cards, lottery tickets, or vouchers)?
Yes
> > I’m sorry, [Employee_name] you are not allowed to offer cash or a cash equivalent as a gift.
> @@ advice
OK, I understand
> END Script
Please refer me to our compliance officer
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_cash]
> next question
> What is the estimated approximate value of the gift you intend to offer?
Estimated_Approximate_Value
[Currency] (dropdown)
> Next question
> >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a Local Gift Threshold?
YESà
> The local gift threshold for [country X] is: [Local_Gift_Threshold]?
> next question
No à
> The Policy gift threshold is: [Policy_Gift_Threshold]
> next question
>> Check the Policy Gift Threshold. Is the [aproximate_value] > [Policy_Gift_Threshold] OR [approximate_value] > [Local_Gift_Threshold]?
YESà
I’m sorry, [Employee_name] the value of the gift you intent to offer exceeds the Threshold, so the gifts is not allowed.
> Advise @@
OK, I understand
> END SCRIPT
Please refer me to our compliance officer
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No à
> next question
> What is the name of the organization of the recipient?
Name_Organization_Recipient
> >> Check the Knowledge database. Is there a rule for annual gift offered value in the country of the recipient or offeror of the gift?
YESà
> The maximum amount for offering gifts per calendar year per recipient for [country X] is: [value]
>
>> Check the gift registry database. Calculate: Is the [total_value_offered_approved_gifts] to [recipient_organisation] in current [calendar_year] + [estimated_approximate_value] > [annual_gift_value]
YESà
> By offering this gift the maximum amount for offering gifts per calendar year per recipient would be exceeded. You are not allowed to offer this gift.
> @@ advice low cost
No à
> The Policy gift threshold is: [value]
> next question
> Please provide a description of the gift
[gift_description]
📎 Upload documents
Tooltip: For example a picture of the intended/received gift with a price from Amazon or Bol.com)
> IF not in English, THEN translate in English
> Please tell us why you are offering the gift? What is the nature/context/occasion?
> [gift_context]
> IF not in English, THEN translate in English
> What is the name of the person receiving the gift?
> [gift_recipient_name]
> What is the position/title of the person receiving the gift?
> [gift_recipient_role]
> What is the business unit/department of the person receiving the gift?
> [gift_recipient_department]
> What is your business relation with the person receiving the gift?
> [gift_recipient_relation]
>> Check the approval_flow_rules. Calculate:
> IF Estimated_Approximate_Value ≤ 20 EUR
> I have documented the following information. If this is correct, we can finalize your registration.
> Generate overview
þ Yes this is correct.
Submit
{They need to check the box for them to be able to click on [Submit] }
> Thank you for registering your gift!
> Disclaimer Tooltip: Please note that all gift registrations are monitored by the Compliance Department. The Compliance Department has the final say in what gifts are and what gifts are not allowed regardless of policy conditions and previous approvals. In case of doubts, questions or concerns, please contact your compliance officer (link) before purchasing or accepting the gift.
> As the estimated approximate value is less than 20 EUR no approval from your line manager is required.
> This is your [Gift_ID]
> Once you purchased your gift your can declare it under the gift expense policy. You will need to provide your Gift ID.
> You can find your requests in the overview here. (link)
> END SCRIPT
> IF Estimated_Approximate_Value ≥ 20 EUR ≤ 50 EUR
> I have documented the following information. If this is correct, we can finalize your registration.
> Generate overview
þ Yes this is correct.
Submit
{They need to check the box for them to be able to click on [Submit] }
> Thank you for registering your gift!
> Disclaimer Tooltip: Please note that all gift registrations are monitored by the Compliance Department. The Compliance Department has the final say in what gifts are and what gifts are not allowed regardless of policy conditions and previous approvals. In case of doubts, questions or concerns, please contact your compliance officer (link) before purchasing or accepting the gift.
> As the estimated approximate value is between 20 EUR and 50 EURO approval from your line manager is required.
> I will forward the request for you.
> You can track your request here (link)
> Once your request has been approved you will receive a [Gift_ID]
> Once you purchased your gift your can declare it under the gift expense policy. You will need to provide your Gift ID.
> You can find your requests in the overview here. (link)
> END SCRIPT
11.2 Gift Receipt: Registration and Approval
>> retrieve user information from user profil
> Hi [NAME], In order to get register your gift receipt I need the following information
Employee_name
Business_Unit
Confirm
> Edit (drop down)
> You are based in [RECIPIENT_COUNTRY]copy from user profile], correct?
> Confirm
> No (country drop down)
> Next question
> What date did you receive the gift?
> Select date [date_gift_receipt]
> What is the name of the person offering the gift?
[gift_offeror_name]
> What is the position/title of the person receiving the gift?
[gift_offeror_role]
> What is the business unit/department of the person receiving the gift?
[gift_offeror_department]
> What is the name of the organization of the recipient?
[Name_Organization_Recipient]
> What is your business relation with the person receiving the gift?
[gift_offeror_relation]
> What is the country of the person offering the gift
> Country (dropdown)
[OFFEROR_COUNTRY]
> Next question
> Please provide a description of the gift
[gift_description]
📎 Upload documents
Tooltip: For example a picture of the intended/received gift with a price from Amazon or Bol.com)
> IF not in English, THEN translate in English
> Please tell us why you received the gift? What was the nature/context/occasion?
> [gift_context]
> IF not in English, THEN translate in English
> I have documented the following information. Please check if it is correct.
> Generate overview
þ Yes this is correct.
Proceed
> {They need to check the box for them to be able to click on [Proceed] }
>> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a specific definition for government official?
YES
> The definition of government official in [country X] is: [Definition Government_Official_Country X]
> I understand
> next question
No
> Do you know what a government official is?
> No
> provide definition.
> The definition of government official is: [definition government_official_general]
> Next question
> Yes
> next question
> Is the person offering the gift a government official?
> Yes
> I’m sorry, [Employee_name] you are not allowed to accept gifts from government officials.
> Please take the following measures:
> Please immediately return the Gift to the Gift offeror.
> If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
> Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
> I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
> Here (link) you can find an overview with your requests and notifications.
OK, I understand. If I have questions or need further guidance I will contact my compliance manager.
> END Script
Please refer me to our compliance officer for further guidance.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
Not sure.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_government_official]
> next question
> Do you know what a precious article is?
No
> provide definition
> The definition of precious article is: [definition precious article]
> next question
Yes
> next question
> Is the gift you received a precious article?
Yes
> I’m sorry, [Employee_name] you are not allowed to accept precious articles.
> Please take the following measures:
> Please immediately return the Gift to the Gift offeror.
> If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
> Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
> I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
> Here (link) you can find an overview with your requests and notifications.
OK, I understand. If I have questions or need further guidance I will contact my compliance manager.
> END Script
Please refer me to our compliance officer for further guidance.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
Not sure.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_precious_article]
> next question
> Is the gift received cash or a cash equivalent (e.g., gift cards, gift certificates, shopping cards, lottery tickets, or vouchers)?
Yes
> I’m sorry, [Employee_name] you are not allowed to accept cash or cash equivalents as gifts..
> Please take the following measures:
> Please immediately return the Gift to the Gift offeror.
> If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
> Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
> I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
> Here (link) you can find an overview with your requests and notifications.
OK, I understand. If I have questions or need further guidance I will contact my compliance manager.
> END Script
Please refer me to our compliance officer for further guidance.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No [no_cash]
> next question
> What is the estimated approximate value of the gift you received?
Estimated_Approximate_Value
[Currency] (dropdown)
> Next question
> >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a Local Gift Threshold?
YES
> The local gift threshold for [country X] is: [Local_Gift_Threshold]?
> next question
No
> The Policy gift threshold is: [Policy_Gift_Threshold]
> next question
>> Check the Policy Gift Threshold and the Local Gift Threshold. Is the [Estimated_approximate_value] > [Policy_Gift_Threshold] OR [approximate_value] > [Local_Gift_Threshold]?
YES
I’m sorry, [Employee_name] the value of the gift you received exceeds the Threshold, so you are not allowed to accept the gift.
> Please take the following measures:
> Please immediately return the Gift to the Gift offeror.
> If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
> Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
> I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
> Here (link) you can find an overview with your requests and notifications.
OK, I understand. If I have questions or need further guidance I will contact my compliance manager.
> END Script
Please refer me to our compliance officer for further guidance.
> OK. Let me refer you to your compliance officer.
> Create ticket for compliance officer
> END SCRIPT
No
> I have documented the following information. Please check if it is correct.
> Generate overview
þ Yes this is correct.
Submit
{They need to check the box for them to be able to click on [Submit] }
> Thank you for registering your gift!
> Disclaimer Tooltip: Please note that all gift registrations are monitored by the Compliance Department. The Compliance Department has the final say in what gifts are and what gifts are not allowed regardless of policy conditions and previous approvals. In case of doubts, questions or concerns, please contact your compliance officer (link) before purchasing or accepting the gift.
> I will notify your compliance officer and line manager
> Here (link) you can find an overview with your requests and notifications.
> END SCRIPT
12 Frequently Asked Questions (FAQ)
After every answer provide button/option to:
- provide feedback ☹ 😐 😊
- contact compliance officer
- register (where they can select e.g. register gift receipt, register gift offer, register conflict of interest etc.)
Feedback ☹ 😐 😊 Contact compliance Register
Whenever the answer includes the word ‘register’ the word is clickable à link to overview where they can select e.g. register gift receipt, register gift offer, register conflict of interest etc.)
When the answer refers to a defined term the word is clickable à link to the definition
When the answer refers to a defined term the agents asks Would you like to see the definition of defined term ? At the end of the answer.
Government à link to the definition government official
Threshold à link to the definition government official and Threshold script
12.1 Gifts generalGifts in traditional context/during festival/Holiday
What if a gift is given in a traditional context, such as during a festival?
Is it permissible to give a gift if it is part of a holiday tradition?
What is the best way to handle gifts that are delivered during the holiday season?
According to Gift Policy, gifts in a traditional context, such as during a festival, are generally acceptable, if they are not excessive or lavish, do not create an obligation or expectation of future favours, and do not involve any cash or cash equivalents or precious articles. Examples are traditional gifts, such as mooncakes or hairy crabs for Mid- autumn Day Holiday, sweets or chocolates for Diwali, or cakes, panettones, or food hampers for Christmas and New Year's Eve.
You should also register the gift and/or ask approval to ensure transparency and accountability.
Using holidays as an excuse to offer or accept gifts or during a negotiation of a contract with the customer which can influence the decision-making process is not permitted.
Please note that the rules for gifts can vary per jurisdiction. In some countries, an accumulated annual value may be taken into consideration for breaking the law and the maximum allowed value of a gift (Local Gift Threshold) may deviate from the Policy Gift Threshold.
If you have questions regarding a specific situation you can consult me. I can guide you through the policy including the local rules and advise you.
Prohibited gifts Are there any specific types of gifts that are prohibited under our Gift Policy?
According to our Gift Policy, the following types of gifts are specifically prohibited:
- Cash or cash equivalents: This includes gift certificates, vouchers, or lottery tickets.
- Gifts worth more than EUR 50: Any gift with a value exceeding this amount is not acceptable. Local rules in the country of the offeror or recipient may be stricter.
- Precious Articles: These include any items that appreciate in value over time, such as jewellery, artwork, or collectibles.
- Gifts to government officials: This includes any gifts given to government officials or their relatives.
- Additionally, our policy prohibits offering or receiving gifts with the intent to improperly influence a business decision.
Value of a gift
How do I determine the value of a gift?
I received a gift; what is the value?
This question is outside my scope. The value of the gift is the fair market value. In other words, the price a reasonable person would pay in an open market. All gifts received and offered need to be registered. You will be asked to estimate the approximate value of the gift. We ask you to make a reasonable and honest estimation. There is an option to upload a picture ore screenshot of the gift to substantiate your estimate.
Registration of Gifts offered and received How should I document gifts received or given?
You can do this by clicking ‘register’. I can guide you through the rules policy and advise you.
To register the gift, you will need to provide information such as:
• Description of the gift
• Value of the gift
- Date of receipt
You can also upload attachments, such as a picture of the gift or documentation from the giver, to support your registration.
Please note that registering gifts received is an essential part of our company's compliance with anti-bribery laws and regulations. It helps ensure transparency and accountability in all business interactions.
12.2 Gifts Offered
Gifts for festivals/holidays Is it okay to send gifts to a manager of a customer every important holiday while the value of each gift is within the threshold?
Yes, you can, if it is only for major holidays to cement business relationship and for respect.
No, you shouldn’t, if it is with the intention for transferring benefits and using holidays as an excuse to send gifts or during a negotiation of a contract with the customer which can influence the decision-making process. In some countries, an accumulated value may be taken into consideration for breaking the law.
Gifts to Customer Is it okay to send gifts to a procurement manager of a potential customer?
Yes, you can, if the purpose is not to influence a bidding decision.
No, you shouldn’t, if the purpose is to exclude competition or if it was given at the wrong time, e.g., before awarding a tender or contract renewal.
Traditional Gifts Can you send traditional gifts or hold traditional hospitalities for a third party as a courtesy in local customs, if the value is within the threshold?
Yes, you can, if it is to purely to accommodate the local tradition, and it won’t create a wrong impression about the Organization. For example, in China mooncakes or hairy crabs for Mid-autumn Day Holiday, in India sweets or chocolates for Diwali, in South America for Christmas and New Year’s Eve it is fine to give cakes, panettones or food baskets.
No, if the traditional gifts involve any cash equivalent like shopping cards, vouchers or any precious metal or gemstones like gold bars or gold vouchers.
Budget for rebate Can you use the budget allocated for rebates, or marketing to buy wine or other expensive food or drink for our distributors, agents, and customers?
No, you shouldn’t. We do not give expensive food or wine. Additionally, accounting rules prohibit the use of budget allocated for rebates to be used for any other purpose like giving gifts.
Anonymous Gift Can I send a gift anonymously?
No, you cannot send a gift anonymously. According to our Gift Policy, gifts must be registered and approved before being offered. This includes providing information about the offeror, and value of the gift. Gift should be given at an appropriate time, openly and not secretly. Anonymous gifts are not transparent and may raise suspicions about their purpose or intent. Registering gifts ensures transparency and compliance with our policy.
If you're unsure about any aspect of gifting or registration, please don't hesitate to reach out to your compliance officer for guidance.
Gift Threshold What is the maximum value of a gift I can offer to a vendor?
This depends on the country of the gift offeror and gift recipient. In some countries there are local stricter rules that need to be followed for the maximum amount per gift and/or an annual maximum amount. In general under the Global Gift Policy, the policy gift threshold is 50 EURO. All gifts given and received must be registered. Before you can offer a gift you must obtain approval. You can do this by clicking ‘register’. I can guide you through the rules policy and advise you.
> You are based in [OFFEROR_COUNTRY]copy from user profile], correct?
> Confirm
> No (country drop down)
> Next question
> What is the country of the person receiving the gift
> Country (dropdown)
[RECIPIENT_COUNTRY]
> Next question
> >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a Local Gift Threshold?
YES
> The local gift threshold for [country X] is: [Local_Gift_Threshold]?
No
> The Policy gift threshold is: [Policy_Gift_Threshold]
Gift for Existing Customer Is it acceptable to give a gift to a customer if we have an ongoing contract?
Can I send a gift to a client if I have a longstanding relationship with them?
What are the best practices for giving gifts to clients?
Can I send a gift to a long-standing business contact?
Can I send a holiday card with a small gift to a client?
According to our company's policy, it's generally okay to offer reasonable, proportionate, and appropriate gifts to customers as long as the purpose is not to influence their decision-making process and the gifts:
· Do not involve cash or a cash equivalent or a precious article (jewellery or any items made from or plated with precious metals or (gem)stones)
- Are valued below the Global Gift threshold, or of that rule is stricter below the Local Gift Threshold
· Are given at an appropriate time.
· Are given openly, not secretly.
· Are approved by management.
- Are in compliance with local laws and organizational rules
- Are not given to or received by a Government Official
1. Purpose: What is the purpose of giving the gift? Is the gift intended to strengthen our business relationship or show respect? Is it for a legitimate business reason or to gain (personal) favour?
2. Perception: Could the gift be perceived as an attempt to influence their decision-making process?
3. Process: Are we following a transparent and fair process in giving the gift?
If you're unsure, it's always best to err on the side of caution and consult with our compliance officer.
Gift to a competitor Can I offer a gift to a competitor?
No, according to the Gift Policy, gifts may not be offered to competitors. This includes any individual or organization that is in direct competition with our organization for business. The policy states that gifts should only be given to individuals or organizations where there is a legitimate business relationship, such as customers, suppliers, or partners. Offering gifts to competitors would not align with our company's principles of fair and transparent business practices.
Gift to Leadership Customer Is it okay to give a gift to someone in a leadership position at a client’s company?
According to our company's policy, giving gifts to individuals in leadership positions at a client's company is subject to certain guidelines.
The policy states that gifts given to clients should be done openly and transparently, without any expectation of reciprocation. However, if the gift is intended for someone in a leadership position, it's essential to consider whether the gift could be perceived as an attempt to influence business decisions or gain an unfair advantage.
To ensure compliance with our policy, I recommend using the 3Ps test:
• Purpose: Is the gift given for a legitimate purpose, such as building a relationship or showing appreciation?
• Perception: Could the gift be viewed by others as an attempt to influence business decisions or gain an unfair advantage?
• Process: Did you follow Your Organization's Policy Rules on cost and relevant approvals?
If you're unsure about how to proceed, I recommend consulting your compliance officer.
Gift offered to mentor
Can I offer a gift to a mentor or advisor in the industry?
Gifts given to mentors or advisors who provide valuable insights and professional advice or guidance as a token of appreciation are generally acceptable.
Make sure you comply with our policy. All gifts offered and received must be registered and meet the Gift Policy requirements.
Consider the following:
• The gift should be a genuine expression of appreciation for their professional advice or guidance.
• The gift should be modest in value and nature (e.g., books, articles, or small gifts).
• Be mindful that gifts can create an obligation or expectation on the part of the recipient
• Ensure that the gift is not intended to improperly influence or reward a business decision.
Some examples of acceptable gifts to mentors or advisors include:
• A book or article related to their area of expertise
• A small gift or token of appreciation for their time and guidance
• An invitation to a networking event or industry conference
Gift for influencer/journalist Can I send a gift to a journalist or influencer in our industry?
Gifts to journalists or influencers should be approached with caution. The key consideration is the purpose of the gift and how it might be perceived.
If the purpose of the gift is to promote your organization's brand or products, then it may be acceptable. However, if the purpose is to gain favour or influence their coverage, that would likely be considered a red flag.
We believe in competing on the merits of your products. Our interactions should be objective and align with our company's principles of fair and transparent business practices. To ensure compliance, I recommend using the 3Ps test: Purpose (is it to promote your brand?), Perception (how might they perceive the gift?), and Process (Register the gift and get prior approval).
If you're still unsure, please reach out to your compliance officer for guidance.
Gift for relative Is it acceptable to give a gift to a relative/family member of a client/customer/business partner/business contact?
Gifts to relatives of clients/customers/business contacts/business partners should be approached with caution. Under the Gift Policy, gifts should be given for legitimate business purposes and must be approved by management. Additionally, unless a gift qualifies as a promotional item, it needs to be registered. It's essential to consider whether the gift could be perceived as an attempt to influence business decisions or gain an unfair advantage, either directly or through a relative.
Hence, giving a gift to a family member of a client/customer/business partner/business contact may not align with the principle of transparency and integrity. Therefore, it is advisable to avoid such actions unless explicitly approved by management after careful consideration.
If you have any doubts about the appropriateness of giving a gift in this scenario, please contact your compliance officer for further guidance.
12.3 Gifts Received
Unknown gift value Shall I accept the gift if I don’t know the value of the gift I have received from its appearance, and it is embarrassing to ask?
Yes, you can, if from its appearance and common judgment, it is obviously below the applicable threshold; you should seek approval from your manager and register the gift No, you shouldn’t, if there is any doubt from its appearance on its value. If it looks expensive, it may very well be expensive. You should not accept the gift, explain our Policy to the offeror, send it back if possible, and register it. If you indicate a value of over 50 euro, the gift will be flagged to your compliance officer, and they will get in touch with you. If in doubt you can always contact your compliance officer, and ask for advice. They are happy to help!
Gift for Self Use Is it okay to keep the gift for personal use, if it is within the applicable threshold and not lavish?
Yes, if it is not possible to share or it does not make any sense to share. Please remember to register the gift.
No, you shouldn’t, if the gift is suitable for sharing.
Food items as a gift If I receive a food item as a gift, can I consume it, if in line with local tradition? Also considering it is not okay to throw away or destroy food items?
Yes, if the food item is appropriate. Please remember to register the gift.
No, you shouldn’t if the gift is not appropriate (e.g., too expensive).
Pens, mugs, small promotional gifts etc. Can I use gifts like notebook, pen, mug for personal use, as according to Gift Rules it’s okay to accept such items?
Yes
Gift from a supplier Can I accept a gift from a supplier if it is under the value limit?
According to the Gift Policy, accepting a gift from a supplier is acceptable if done in accordance with the rules and procedures. Gifts need to meet the following conditions. The gift is:
- Not cash or a cash equivalent
- Valued below the Global Gift threshold, or of that rule is stricter below the Local Gift Threshold
- In compliance with local laws and organizational rules
- Not classified as a precious article
- Not given to or received from a Government Official
- for legitimate business purposes
· Is given openly, not secretly
The maximum value for gifts and what persons qualify as government officials can depend on the country of the gift offeror and/or gift recipient. In some countries there are rules regarding an accumulated annual maximum amount. In general under the Global Gift Policy, the policy gift threshold is 50 EURO. All gifts given and received must be registered. You can do this by clicking ‘register’. I can guide you through Policy, including the local rules and advise you.
Reporting Gift Receipt
How should I report a gift I received from a client?
What are the reporting requirements for gifts received or offered in my role?
According to the Gift Policy, all gifts offered and received must be registered. This includes reporting the gift you received from a client. You can do this by clicking ‘register’. I can guide you through the rules policy and advise you.
To register the gift, you will need to provide the following information:
• Description of the gift
• Value of the gift
- Date of receipt
You can also upload attachments, such as a picture of the gift or documentation from the giver, to support your registration.
Please note that registering gifts received is an essential part of our company's compliance with anti-bribery laws and regulations. It helps ensure transparency and accountability in all business interactions.
Gift Received exceeds Threshold What should I do if I receive a gift that exceeds the allowed value?
What should I do if I receive a gift that exceeds the company threshold?
If the value of the gift you received exceeds the Policy or Local Gift Threshold, you are not allowed to accept the gift.
Please take the following measures:
• Please register the gift receipt
• Immediately return the Gift to the Gift offeror.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Gift not in line with Gift Policy What should I do if a gift I received is not in line with company policy?
If the gift you received does not meet the requirements of the Gift Policy you are not allowed to accept the gift.
Please take the following measures:
• Please register the gift receipt
• Immediately return the Gift to the Gift offeror.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Gift from Competitor What steps should I take if I receive a gift from a competitor?
If you receive a gift from a competitor, it's essential to follow our company's policy procedures and exercise caution. The Gift Policy stresses the need for a legitimate business relationship, such as you would have with customers, suppliers, or partners.
Here are the steps you should take:
1. Register the gift: Immediately register the gift through me
2. Evaluate the gift using the 3Ps test. Apply the Purpose, Perception, Process
test to determine whether the gift could be perceived as an attempt to influence your decision-making process or compromise our company's integrity.
3. Consult with your compliance officer: If you're unsure about how to proceed or have concerns about the gift, consult your compliance officer for guidance.
It’s better to err on the side of caution when dealing with gifts from competitors and not accept it. Our company's policy is designed to maintain transparency and integrity in all business relationships.
Gifts for team Can I accept a gift that is intended for my team rather than for me personally?
Under the Gift Policy, accepting gifts must adhere to specific guidelines and procedures. Gifts should not be accepted if they are intended to improperly influence business decisions. Any gift received must be registered in the Gift Registration Tool.
If a gift is intended for your team rather than for you personally, it still needs to comply with these guidelines. If the gift is suitable for sharing among your team members and meets the Policy conditions, you can accept it. You should ensure that the purpose of the gift is legitimate and does not create any conflicts of interest or improper influences. Additionally, the gift should be registered.
For specific guidance on how to handle a team-oriented gift, it would be prudent to consult your compliance officer to ensure full adherence to anti- bribery policies.
Gifts from service providers Can I accept gifts from service providers who want to maintain their contract with us?
Based on the Gift Policy, accepting gifts from service providers who wish to maintain a contract with your organization must adhere to strict guidelines:
1. Purpose and Perception: Ensure that the gift does not create any conflicts of interest or improperly influence business decisions.
2. Value Limitations: The value of the gift should be modest and appropriate for maintaining good business relationships, without exceeding company policy or local thresholds.
3. Registration Requirement: All gifts received must be registered.
Given these guidelines:
• If a service provider offers a gift to maintain an existing contract, you should carefully consider whether accepting it could influence your professional judgment or create any conflicts of interest.
• Ensure that the value of the gift is within acceptable limits and register it as required by company policy.
If there are any doubts about the appropriateness of accepting such a gift, consult your compliance officer for further guidance.
Gift receipt awards, rewards or prizes Can I accept awards, rewards or prizes from a contest sponsored by a vendor?
Accepting rewards or prizes from a contest sponsored by a vendor is generally allowed, but you must exercise caution. Consider using the 3Ps (Purpose, Perception, Process) test to evaluate the situation:
Purpose:
- What was the purpose of participating in the contest? You should not have participated in the contest with the intention of influencing or creating an obligation with the vendor.
- What is the purpose of offering you the award or prize? Could it be an attempt to influence your business decisions or gain a personal or otherwise unfair advantage? Would accepting the award impact your ability to make impartial business decisions?
Perception
- How will others perceive your acceptance of the reward or prize? Accepting the award or prize may create the appearance of impropriety or favouritism and could potentially influence your future actions or decisions. Were you awarded the prize based on objective criteria by an impartial jury panel?
Process:
- Are you following the right Process? The reward or prize should not be excessive or extravagant and meet the other Gift Policy Requirements. Additionally, if the contest or reward involves any form of payment or reimbursement, please ensure that it complies with our company's policies and procedures.
If you have any questions or concerns about participating in contests or accepting rewards or prizes, please consult with your supervisor and the compliance department.
Gift receipt from unfamiliar offeror - How do I handle gifts received from individuals I do not know well?
Handling gifts received from individuals you don't know well requires extra caution and consideration.
If you receive a gift from someone you don't know well, please follow these steps:
1. Register the gift even if it seems insignificant.
2. Assess the situation: Consider using the 3Ps (Purpose, Perception, Process) test to determine whether the gift is acceptable:
• What is the Purpose of giving the gift?
• How will others perceive the gift?
• Are you following the right Process?
3. Decline if unsure: If you're unsure about the gift or its intentions, it's best to decline and politely thank the person for their gesture[CS4] .
4. Consult with compliance officer: If you're still unsure, consult with your compliance officer for guidance.
Remember, it's always better to err on the side of caution when dealing with gifts from unknown individuals.
Gift from JV partner Can I accept gifts from individuals involved in a joint venture?
Accepting gifts from individuals involved in a joint venture requires careful consideration and caution. While it may be acceptable to receive gifts from partners or stakeholders in a joint venture, you should exercise extra care when evaluating the gift. Consider using the 3Ps (Purpose, Perception, Process) test:
• What is the Purpose of giving the gift?
• How will others perceive the gift?
• Are you following the right Process?
If the gift seems excessive or could be perceived as an attempt to influence business decisions, it's best to decline. Additionally, please note that gifts received from joint venture partners should not create any obligations or expectations of reciprocation.
If you're unsure about whether a particular gift is permissible, I recommend consulting with your compliance officer for guidance.
Gift during business dinner - Can I accept a gift that is given during a formal business dinner?
Gifts received during a formal business dinner are subject to the same rules as other gifts. However, it's essential to exercise caution and consider the context.
Gifts should be of modest value and appropriate to the business relationship. If the gift is given openly and transparently, and its value is within the threshold (less than 50 Euro), it might be acceptable.
However, if the gift is cash or a cash equivalent, such as a gift card, it's not allowed. Additionally, gifts from government officials are also prohibited.
To ensure compliance, consider the following:
• Is the gift given openly and transparently?
• Is the value of the gift within the Policy Gift threshold (less than 50 Euro) and/or Local Gift threshold (less than 50 Euro)?
• Are there any potential business implications or conflicts of interest?
If you're still unsure, it's always best to consult with your compliance officer for guidance. Remember, if in doubt, you can contact me or your compliance officer for advice.
12.4 Government Officials Government Official / State Owned Company Employee or Customer Would it be okay to offer gifts to bank employees? Are they considered Government Officials?
When in doubt, always consult with your regional your compliance officer. Each county may define “Government Official” differently. In certain jurisdictions, Government Officials may for example include employees of state-owned entities or employees of private banks.
Gift to Government Official Is it permissible to give a gift to a government official if it is within the threshold?
No, according to the Gift Policy, gifts may not be offered to, nor accepted from, government officials. This includes government officials that are customers or business partners. This rule applies regardless of the value or type of gift. In some countries there is a specific definition of government officials. When you register a gift I can guide you through the rules and advise you.
Would you like to see the definition of government officials?
Gift for government agency employee. Can I give a gift to a regulatory agency employee?
According to the Gift Policy, giving gifts to employees of regulatory agencies is not allowed.
1. General Rule: You should not offer or provide gifts to government officials or employees of state-owned entities, including those in regulatory agencies.
2. Consult Compliance Officer: When in doubt about whether an individual qualifies as a "Government Official," always consult with your compliance officer. Definitions can vary by jurisdiction.
Given these guidelines, you should avoid giving gifts to employees of regulatory agencies unless explicitly approved and in full compliance with both company policy and local laws.
Would you like to see the definition of government officials?
Gift for judge or other legal authority Is it acceptable to give a gift to a judge or other legal authority?
No.
1. Prohibition: The anti-bribery and gift policies explicitly prohibit offering gifts to government officials, which includes judges and other legal authorities such as magistrates, and public prosecutors.
2. Purpose and Perception: Such actions could be perceived as an attempt to improperly influence their decisions or create an unfair advantage.
Therefore, it is not acceptable to give gifts to judges or other legal authorities under any circumstances, based on respect for their independence and impartiality.
If you’re unsure about specific situations or have questions, I recommend consulting with your compliance officer.
12.5 Inappropriate
Uncomfortable gift
What should I do if a gift I received makes me uncomfortable?
How should I respond to a gift that makes me uncomfortable?
According to the Gift Policy, if there is any doubt on the appropriateness of a gift, o should not accept it. Instead, explain the Gift Policy to the giver and decline the gift.
If you’ve already accepted the gift and are now feeling uncomfortable, please take the following measures:
• Register the gift receipt
• Immediately return the Gift to the Gift offeror.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Unsure Appropriateness of Gift
What if I am unsure whether a gift I received is appropriate?
What steps should I take if I am unsure about the appropriateness of a gift?
If you're unsure whether a gift you received is appropriate, it's always best to report it to your compliance officer. We'll work together to determine whether the gift meets our company's guidelines.
If the gift is inappropriate, you should not accept it. Instead, explain the Gift Policy to the giver, decline and return the gift.
If you’ve already accepted the gift, please take the following measures:
• Register the gift receipt using our standard registration procedure.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Our company has a zero-tolerance policy for gifts that could be perceived as an attempt to influence business decisions or gain an unfair advantage. If you're unsure about the purpose or value of a gift, it's better to seek guidance from your compliance officer rather than risking non-compliance with our policies.
Inappropriate or Offensive Gift How should I handle a gift that is inappropriate or offensive? If the gift is inappropriate, or offensive you should not accept it. Instead, explain the Gift Policy to the giver, decline and return the gift.
If you’ve already accepted the gift, please take the following measures:
• Register the gift receipt using our standard registration procedure.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to the compliance manager for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Our company has a zero-tolerance policy for gifts that could be perceived as an attempt to influence business decisions or gain an unfair advantage. If you're unsure about the purpose or value of a gift, it's better to seek guidance from your compliance officer rather than risking non-compliance with our policies.
12.6 Personal / Involving friend or relativeGift from friend who works for a business partner What if I receive a gift from a friend who is also a business partner?
According to our company's policy, receiving a gift from a friend who is also a business partner can be a bit more complex.
If you receive a gift from a friend who is also a business contact, you should consider whether the gift could be perceived as an attempt to influence your business decisions.
To ensure compliance, it's best to follow these guidelines:
1. Consider the 3Ps (Purpose, Perception, Process):
- What is the reasoning behind offering you the gift? Is it related to business dealings?
- Could the gift be perceived as an attempt to influence your business decisions or gain a personal or otherwise unfair advantage?
- Are you following the right process? All gifts must be registered and considering the other party is a friend, there could be a conflict of interest.
2. Evaluate the value of the gift:
• Is the gift of moderate value, as defined by our company's policy (typically €50 or less)?
3. Be transparent and disclose the gift:
• If you receive a gift it must be registered.
Please note that registering gifts received is an essential part of our company's compliance with anti-bribery laws and regulations. It helps us to ensure transparency and accountability in all business interactions, and avoid any situations that could be perceived as conflicts of interest. If in doubt, it's always best to err on the side of caution and decline the gift. If you're unsure about how to handle a specific situation, feel free to contact your compliance officer.
Very personal gift What if I receive a gift that is very personal, such as clothing or jewellery?
In case you receive a very personal gift, it's best to follow these guidelines:
1. Consider the 3Ps (Purpose, Perception, Process):
- What is the reasoning behind offering you the gift? Is it related to business dealings?
- Could the gift be perceived as an attempt to influence your business decisions or gain a personal or otherwise unfair advantage?
- Are you following the right process? All gifts must be registered
2. Evaluate the value of the gift:
• Is the gift of moderate value, as defined by our company's policy
• Does the gift meet the Gift Policy requirements? Precious articles like jewellery are not allowed.
3. Be transparent and disclose the gift:
• Register the gift, and discuss with your line manager and/or compliance officer how to proceed.
Please note that registering gifts received is an essential part of our company's compliance with anti-bribery laws and regulations. It helps us to ensure transparency and accountability in all business interactions, and avoid any misperceptions. If in doubt, it's always best to err on the side of caution and decline the gift[CS5] . If you're unsure about how to handle a specific situation, feel free to contact your compliance officer.
Personal relationship with gift offeror Can I accept a gift if I have a personal relationship with the giver?
In case you receive a gift from someone you have a personal relationship with, you should consider whether the gift could be perceived as an attempt to influence your business decisions.
To ensure compliance, it's best to follow these guidelines:
1. Consider the 3Ps (Purpose, Perception, Process):
- What is the reasoning behind offering you the gift? Is it related to business dealings?
- Could the gift be perceived as an attempt to influence your business decisions or gain a personal or otherwise unfair advantage?
- Are you following the right process? All gifts must be registered and considering the other party is a friend, there could be a conflict of interest.
2. Evaluate the value of the gift:
• Is the gift of moderate value, as defined by our company's policy (typically €50 or less)?
3. Be transparent and disclose the gift:
• If you receive a gift it must be registered.
Please note that registering gifts received is an essential part of our company's compliance with anti-bribery laws and regulations. It helps us to ensure transparency and accountability in all business interactions, and avoid any situations that could be perceived as conflicts of interest. If in doubt, it's always best to err on the side of caution and decline the gift. If you're unsure about how to handle a specific situation, feel free to contact your compliance officer.
Birthday Gift Can I send flowers to a client on their birthday?
I would advise exercising caution. The Gift Policy states that gifts should only be given to individuals or organizations where there is a legitimate business relationship, such as customers, suppliers, or partners. Sending flowers to a client on their birthday could be considered a legitimate gift, as long as it's not intended to influence business decisions or gain an unfair advantage and meets the requirements under the policy.
However, in this case there is no business context, so offering a birthday gift could blur the lines between personal relationships and professional ones. Our company's policy is designed to maintain transparency and avoid any appearance of impropriety in business relationships. If you're unsure about what constitutes an acceptable gift or how to proceed, I recommend consulting your compliance officer for guidance. They can help ensure that any gifts or gestures align with our company's policies and values.
Personal Gift Is it permissible to give a personal gift to a client as a token of appreciation?
If you're considering giving a personal gift to a client as a token of appreciation, I would advise exercising caution. While it might be tempting to show your appreciation with a small gift, but if there is no business context, doing so could blur the lines between personal relationships and professional ones. Our company's policy is designed to maintain transparency and avoid any appearance of impropriety in business relationships.
If you're unsure about what constitutes an acceptable gift or how to proceed, I recommend consulting your compliance officer for guidance. They can help ensure that any gifts or gestures align with our company's policies and values.
Gift offer personal loss Can I send a gift to a client who has recently had a personal loss?
If you're considering giving a personal gift to a client as a token of appreciation, I would advise exercising caution and consider the potential perception of the gift.
While it might be tempting to offer a small gift in this situation, but considering there is no business context, doing so could blur the lines between personal relationships and professional ones.
To ensure compliance with our policy, consider the following:
• The gift should be a genuine expression of sympathy and not an attempt to influence business decisions or create an obligation or expectation on the part of the client..
• The gift should be modest in value and nature (e.g. a card).
If you're unsure about what to do, consult with your compliance officer for guidance.
12.7 Local RulesCultural Considerations Are there any cultural considerations I should be aware of when giving gifts?
Although cultural considerations are an important aspect to consider when giving gifts, this is outside the scope pf the Gifts Policy. The practice of giving gifts varies between countries and regions and different times in the year, such as during traditional "gift-giving" seasons. Our organization applies the same principles throughout the year in all the regions where it operates - always asking yourself whether the gift or hospitality is reasonable, in proportion, and justifiable.
In case of local stricter rules the strictest rule must be applied. It's essential to exercise caution when giving gifts in different regions. According to the Gift Policy, all gifts offered and received must be registered. You can do this by clicking ‘register’. I can guide you through the policy including the local rules and advise you.
Regional Gift Guidelines Are there guidelines for the type of gifts that can be given in different regions?
How do I ensure that my gift complies with local regulations?
In some countries the rules for gifts can be different from the global Gift Policy. In the event that a local rule is stricter than the standard rule in the policy, the strictest rule must always be applied.
It's essential to exercise caution when giving or receiving gifts in different regions/countries. According to the Gift Policy, all gifts offered and received must be registered. You can do this by clicking ‘register’. [CS6] Then I can guide you through the policy including the local rules and advise you. If you still have doubt or are aware of possible local stricter requirements, please reach out to your compliance manager.
Local Gift Rules. What are the local gift rules for country X?
> You are based in [OFFEROR_COUNTRY]copy from user profile], correct?
> Confirm
> No (country drop down)
> Next question
> What is the country of the person receiving the gift
> Country (dropdown)
[RECIPIENT_COUNTRY]
> Next question > >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a Local Gift Threshold?
YES
> The local gift threshold for [country X] is: [Local_Gift_Threshold[CS7] ]?
No
> The Policy gift threshold is: [Policy_Gift_Threshold]
> >> Check Local Gift Rules (Country-Specific). Does the country of the recipient or offeror of the gift provide a specific definition for government official?
YES The definition of government official in [country X] is: [Definition Government_Official_Country X]
No The definition of government official is: [definition government_official
Local laws regarding gifts What if my local laws regarding gifts differ from the company policy? In some countries the rules for gifts can be different from the global Gift Policy. In the event that a local rule is stricter than the standard rule in the policy, the strictest rule must always be applied.
It's essential to exercise caution when giving or receiving gifts in different countries. According to the Gift Policy, all gifts offered and received must be registered. You can do this by clicking ‘register’. Then I can guide you through the policy including the local rules and advise you. If you still have doubt or are aware of possible local stricter requirements, please reach out to your compliance manager.
12.8 Promotion MarketingPromotional Material: Would promotional material with Your Organization branding on it, be considered a gift and will such material be okay to provide to customers?
Yes, you can, if any goods or services are given for free, will be treated as a gift. Promotional material with the purpose of promoting our brands and products can be offered without registering in our Gift Tool.
No, you shouldn’t, if the purpose of giving freebies is to influence a business decision, e.g. to be able to sign a particular contract.
Promotional items
Is it permissible to accept promotional items from a trade show?
Is it permissible to accept gifts from clients at industry events?
Yes. According to our company's policy, accepting promotional items from a trade show or during an industry event is generally acceptable, as long as the purpose of the item is the promotion of a brand and not to influence business decisions. Examples of promotional items are items such as pens, notebooks, and other small promotional items that are commonly given away at trade shows.
If the gift does not qualify as a promotional article, you should only accept the gift if it meets the Gift Policy requirements follow the rules of the Gift Policy and the proper reporting and approval procedures.
No. However, if the item has a higher value or could be perceived as a reward for (future) business decisions, it's best to err on the side of caution and decline the gift.
Gift during Conference Can I offer a gift to a customer if I am attending a conference?
According to our company's policy, offering gifts to customers while attending a conference is generally acceptable, as long as the purpose of the gift is to promote Your Organization's brand and not to influence business decisions.
The policy states that gifts given at conferences should be done openly and transparently, without any expectation of reciprocation. This includes items such as branded merchandise, promotional materials, or other small tokens of appreciation. Promotional gifts do not have to be registered.
For other gifts, please follow the rules of the Gift Policy and the proper reporting and approval procedures.
Gift Marketing Campaign
Can I give a gift that is part of a larger marketing campaign?
Is it okay to give a gift that is part of a company-wide initiative?
Can I provide gifts as part of a promotional campaign?
Is it okay to give a gift that promotes our company’s products?
Can I give gifts to clients as part of a loyalty program?
Is it permissible to offer gifts to attendees at a company-sponsored event?
According to our company's policy, promotional gifts given as part of a n event, marketing campaign or of a company-wide initiative are generally acceptable, as long as the purpose of the gift is to promote the organization's brand and not to influence business decisions.
Promotional items such as branded merchandise, brochures, or other small tokens of appreciation can be offered and do not have to be registered.
For other gifts, please follow the rules of the Gift Policy and the proper reporting and approval procedures.
It's also essential to consider whether the gift could be perceived as an attempt to influence business decisions. Offering gifts should be done without any expectation of reciprocation. If there's any doubt, I recommend consulting with me or your compliance officer. In case of a loyalty program, please consult your compliance officer.
Additionally, if the marketing campaign involves a series of gifts and/or other forms of hospitality, please ensure that you're not exceeding the maximum value allowed by our company's policy. Also for those topics you can ask for my help.
12.9 (Inappropriate) timing
Gift Offer During Negotiation Can I offer a gift to a business partner during a negotiation?
Can I accept gifts from clients if I am involved in contract negotiations?
According to the Gift Policy, it is generally acceptable to give gifts to business partners as long as they are not intended to influence their decision-making process. However, the Policy states that you should not promise, offer, give, or authorize anything of value directly or indirectly to influence a business decision. During contract negotiations offering a gift could be seen as an attempt to improperly influence the decision making process. Therefore you should not offer any gifts during such a period.
The 3Ps test can be particularly relevant in this scenario:
1. Purpose: Is the gift being offered for a legitimate business reason or to gain an advantage?
2. Perception: How might your business partner perceive the gift? Would they see it as a genuine gesture or an attempt to influence their decisions?
3. Process: Are you following a transparent and fair process in giving the gift?
In general, it's best to avoid giving or accepting gifts during meetings where business decisions are being discussed. If you're unsure about any of these points, I would recommend consulting with our compliance officer.
Gift offer during bidding process Can I offer a gift to a client if we are in a bidding process?
According to our company's policy, it's not acceptable to offer gifts to clients during the bidding process. This is because gifts can be perceived as an attempt to influence or compromise the client's decision-making process.
Our policy emphasizes the importance of maintaining transparency and integrity in all business relationships, especially during competitive bidding processes. Offering gifts during this time could create an appearance of impropriety and undermine our company's reputation.
In general, it's best to avoid giving or accepting gifts during meetings where business decisions are being discussed.
If you're unsure about what constitutes an acceptable gift or how to proceed, I recommend consulting with your compliance officer for guidance. They can help ensure that any gestures during the bidding process align with our company's policies and values.
Gift offer during strategic meeting Can I give a gift to a stakeholder during a strategic meeting?
Giving a gift to a stakeholder during a strategic meeting is generally not acceptable.
Our policy states that gifts should be given openly and not secretly, and that they should not create any obligations or expectations of reciprocation. Giving a gift during a strategic meeting could be perceived as an attempt to influence business decisions or curry favour with the stakeholder.
Additionally, if the gift is given in exchange for something, such as a business decision or commitment, it may be considered improper and could compromise our company's integrity.
If you're unsure about what constitutes an acceptable gift, please consult with your compliance officer for guidance. In general, it's best to avoid giving gifts during meetings where business decisions are being discussed.
Gift offer after closing a deal Is it okay to give a gift to a client after closing a deal?
According to the policy document, yes, you can give a gift to a client after closing a deal, as a gesture of appreciation and respect, but only under certain conditions. It’s essential to ensure that the gift is not excessive or extravagant and does not create an obligation or expectation of future favours. You should also register the gift and obtain approval before purchasing and giving the gift.
To be on the safe side, I recommend evaluating the gift using the 3Ps test (Purpose, Perception, Process) to determine whether it could be perceived as an attempt to influence the client's decision-making process or compromise our company's integrity.
If you're unsure about how to proceed or have questions about sending gifts to clients after closing a deal, consult with your compliance officer for guidance. They can help ensure that any gestures align with our company's policies and values.
Gift receipt after closing a deal Can I accept a gift from a client after a significant business deal?
According to the policy document, yes, you can accept a gift to a client after closing a deal, as a gesture of appreciation and respect, but only under certain conditions. It’s essential to ensure that the gift is not excessive or extravagant and does not create an obligation or expectation of future favours. You should also register the gift and in certain cases obtain approval.
To be on the safe side, I recommend evaluating the gift using the 3Ps test (Purpose, Perception, Process) to determine whether it could be perceived as an attempt to influence you or compromise our company's integrity.
In general, it's best to avoid giving or accepting gifts during meetings where business decisions are being discussed.
If you're unsure about how to proceed or have questions consult with your compliance officer for guidance. They can help ensure that your conduct aligns with our company's policies and values.
Gift receipt during contract negotiations
Can I accept gifts from clients if I am involved in contract negotiations?
Can I accept gifts from foreign business partners during trade negotiations?
No, accepting gifts in this situation could be perceived as an attempt to influence your decision making. It is essential to maintain a professional relationship with clients, and base decisions on objective criteria. Doing this will help ensure that the organization maintains a fair and transparent business environment, fee from any perception of improper influence or favouritism.
In general, it's best to avoid giving or accepting gifts during meetings where business decisions are being discussed.
If you’ve already accepted the gift, please take the following measures:
• Register the gift receipt
• Immediately return the Gift to the Gift offeror.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to your compliance officer for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
Gift receipt during tender Can I accept gifts from vendors during the tender process?
No, accepting gifts in this situation could be perceived as an attempt to influence your decision making. It is essential to maintain a professional relationship with business partners, and base decisions on objective criteria. Doing this will help ensure that the organization maintains a fair and transparent business environment, fee from any perception of improper influence or favouritism.
In general, it's best to avoid giving or accepting gifts during meetings where business decisions are being discussed.
If you’ve already accepted the gift, please take the following measures:
• Register the gift receipt
• Immediately return the Gift to the Gift offeror.
• If the Gift cannot be returned immediately, or where reasonable local customs make it inappropriate to decline it, you must give the Gift to your compliance officer for disposition.
• Inform the Gift offeror that the company rules will not allow us to receive such a Gift in the future.
Once you registered the details with me, I will notify your compliance officer and line manager so they are aware of what happened and can advise you on next steps.
12.10 EmployeeGift for a colleague Can I send a holiday gift to a colleague in another department?
Can I offer a gift to someone who has just started working with us?
Is it acceptable to give a gift to an employee who has left or will leave the company?
Gifts between colleagues are not covered under the Gift Policy rules and procedures. These kind of gifts are outside my scope. Please contact your line manger and/or compliance officer to discuss how to proceed.
Gift as performance rewards
Can I give gifts to employees as a reward for performance?
Can I offer gifts to employees who exceed their sales targets?
Gifts given to employees as rewards for performance are not in scope of the Gift Policy.
Employee benefits and other awards should not be claimed through our expense system. Instead, these types of rewards should be handled through official channels, such as bonuses or other forms of compensation that are properly documented and approved by management. There are specific HR policies and procedures that cover this topic.
Gifts to employees Can I offer gifts to employees during company events?
Gifts given to employees are not in scope of the Gift Policy. Employee benefits and rewards are covered under specific HR policies and procedures. This question is outside my scope.
Gifts team-building exercise Can I offer gifts as part of a team-building exercise?
Gifts given to employees are not in scope of the Gift Policy. Employee benefits and rewards are covered under specific HR policies and procedures. This question is outside my scope. If the participants in the team-building exercise are from outside the organization, I suggest you contact your compliance officer and/or HR. They can assess the situation and provide a more tailored response as to ensure full adherence to all policies.
12.11 Out of scopeDonation/Sponsoring Can I give a donation to charity in someone’s name as a gift?
Donations are covered under a the Donations Policy and must adhere to specific guidelines and procedures. Please, consult your compliance officer to ensure full adherence to anti- bribery policies.
Donation/Sponsoring Can I offer a gift to a non-profit organization as part of our corporate social responsibility?
If the gift would qualify as a donation or sponsorship , the gift would be covered under those polices, and must adhere to specific guidelines and procedures. For regular gifts you should follow the Gift Policy requirements, the other rules in the Gift Policy and the proper reporting and approval procedures. If the non-profit organization is government related, stricter rules will apply.
If you're unsure on how to proceed, please err on the side of caution and consult with your compliance officer for guidance.
Question unrelated to Compliance What colour is a strawberry?
This question seems to be unrelated to the Gift Policy and therefore out of my scope. Could you rephrase the question? If your question is related to compliance and you're unsure on how to proceed, please consult with your compliance officer for guidance.
12.12 Incentive/Favour/BriberyGift as an incentive Can I provide a gift as an incentive for a customer to place an order?
No, gifts should not be used as incentives to influence business decisions or encourage customers to place orders.
The Gift Policy states that gifts should not be used to improperly influence a business decision or retain an improper advantage for our organization's business. Providing gifts as incentives for customers to place orders could be seen as attempting to gain an unfair advantage, which would not align with our company's principles of fair and transparent business practices.
Gift in exchange for a favour
Is it acceptable to provide a gift in exchange for a favour?
Is it acceptable to provide a gift in exchange for a referral?
No, gifts should not be used as incentives to influence business decisions or gain an improper advantage for our organization's business. We believe in competing on the merits of your products. Our interactions with business partners should be objective and not influenced by Gifts or Hospitality. Providing gifts in exchange for a favour could be seen as attempting to gain an unfair advantage, which would not align with our company's principles of fair and transparent business practices.
Gift receipt intended to influence – Suspected bribery
What if I receive a gift that is clearly meant to influence my decision-making?
What if I receive a gift that I believe is meant to influence my decisions?
If you receive a gift that is clearly meant to influence your decision-making, such as a large sum of money, a valuable item, or a service that benefits you personally, you should not accept it.
Please take the following steps:
1. Decline the Gift: Politely decline the gift and explain that our company's policies prohibit accepting gifts that could be perceived as influencing business decisions.
2. Report the Incident: Immediately report the incident to your compliance officer or through the appropriate reporting channels within your organization. They can provide guidance on how to handle the situation.
3. Document the Details: Record all details about the gift, including who offered it, when and where it was offered, and any context that might be relevant.
By following these steps, you ensure that you are adhering to ethical standards and company policies. If you're unsure about whether a gift is acceptable or not, please err on the side of caution and consult with your compliance officer for guidance.
12.13 Cash (Equivalent) – Precious ArticlesOffering gift cards Is it acceptable to send gift cards to customers?
No. Under the Gift Policy offering cash or cash equivalents is not allowed. Examples of cash equivalents: gift cards, gift certificates, shopping cards, lottery tickets, or vouchers.
12.14 Hospitality RelatedTickets for Event Your customer offers you a ticket to a World Cup soccer match. You will be covering your own travel and accommodation. Your customer has told you they get the tickets for free because they are a sponsor for the tournament. You realize that tickets for the match usually cost €150. No one from the customer will attend with you. What should do you do?
Answer In this instance you should decline the gift. Employees should not accept gifts of more than moderate value. The threshold for gifts is €50. Whether the tickets were
obtained for free or would otherwise be unused is irrelevant here.
Tickets to an event Can I accept tickets to an event as a gift from a vendor?
According to our Gift Policy, accepting tickets to an event as a gift from a vendor is subject to certain conditions.
Yes, if:
- The ticket value is within the moderate threshold (EUR 50 or less).
- You will be covering your own travel and accommodation expenses.
- The purpose of offering the tickets is not to influence a business decision.
- The ticket value exceeds EUR 50.
- The vendor expects something in return (e.g., favourable treatment or a business deal).
- You are unsure about the vendor's intentions or the event's legitimacy.
If you’d like to register a gift please click ‘register’.
12.15 Penalties violationsConsequences violations Gift Policy
What are the consequences of violating the Gift Policy?
Violating the Gift Policy can have serious consequences. If you fail to comply with the rules and procedures outlined in the policy, you may be subject to disciplinary action, up to and including termination of employment. This is because offering or accepting inappropriate gifts can cause non-compliance with anti-bribery laws and regulations.
The key objectives f the anti-bribery and corruption policies is to:
- Prevent bribery, corruption and unethical/improper influence in business decisions via gifts.
- Promote adherence to local laws and organizational policies.
- Promote ethical business practices.
- Ensure gifts are modest, appropriate, and documented.
Specifically, violating the Gift Policy can result in:
• Disciplinary action, such as a warning or suspension
• Termination of employment
• Liability to reimburse any gifts that were not properly reported or approved
• Other consequences as determined by management
It's essential to understand that compliance with the Gift Policy is everyone's responsibility. If you're unsure about how to handle a specific situation, I recommend consulting with your compliance officer.
12.16 Waivers/ExceptionsI want to ask a waiver from the Gift Policy?
would like an exception?
I disagree with your answer
In case you disagree with my advice and/or are considering offering or receiving a gift that doesn't fit within our standard procedures, I urge you to reach out to your compliance officer for guidance before proceeding. The consequences of non-compliance can be severe. You may believe your situation warrants an approach that deviates from the Gift Policy. However, exceptions or waivers are not something that can be handled by me. Your compliance officer will be able to assess the situation and provide a more tailored response as to ensure full adherence to anti- bribery policies.
13 Gifts Local Annex – Stricter Rules This is an annex is to the general corporate Gift and Hospitality Rules & Procedures. If the country you work in or the country that your Gift or Hospitality recipient is based in, is listed in this Annex, you need to abide to the rules of the annex in addition to the Gift and Hospitality Rules & Procedures. If your or the recipients’ country is not included, or you are not sure if there are local stricter requirements, please contact your Compliance Manager.
Country What is the local rule for Gifts?
Argentina: You can only offer or receive one or several Gifts with a total value of maximum USD 50 in a calendar year
Brazil: You can only offer or receive a Gift with a total value of maximum BRL100. You do not offer a Gift to the same person more than once a year.
China No stricter rules.
Ecuador: You can only offer or receive one or several Gifts with a total value of maximum USD 50 in a calendar year.
Japan: You do not give Gifts to any individual who was a Government Official. Definition Government Official: Government Officials in Japan include but are not limited to (i) a national or local government official, a member of an assembly or committee, or other employee engaged in the performance of public duties in accordance with laws and regulations; (ii) “quasi-public official” (minashi koumuin) such as a private person performing a service related to public interest, e.g. officers and employees of the Bank of Japan, national universities, state-owned enterprises, entities that provide qualification tests for license, notaries public and former state-owned enterprises such as JR (Japan Railway) and JT (Japan Tobacco).
Korea No Stricter Rules Definition Government Official: Government Officials in South Korea include but are not limited to (i) national/local government officials, (ii) officers and employees of public institutions or public service-related organizations, (iii) officers or employees of education foundations, (iv) faculty or staff of public or private schools and (v) journalists and other employees of media companies.
France: No stricter Rules
Germany: No stricter Rules
India: No stricter Rules
Netherlands: No stricter Rules
Poland: No stricter Rules
Spain: No stricter Rules
United Kingdom: No stricter Rules
United States: No stricter Rules
Vietnam: No stricter Rules