Corruption and Bribery
If you believe that there is an increased risk of your suppliers practising corruption and bribery, and you wish to include these topics in the annex to your Code of Conduct, you can add the following requirements to your Code of Conduct by clicking on "Save to clipboard".
Among the most common forms of corruption and bribery are embezzlement, extortion and preferential treatment.
Corruption and Bribery
The supplier shall prohibit corruption and bribery at all times and in any form, including active and passive bribery and corruption in the private and public sphere. This means that the supplier shall abstain from:
a) Promising, offering, giving to a public official, directly or indirectly, an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
b) Accepting the solicitation by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
c) Promising, offering or giving, directly or indirectly, an undue advantage to any person who directs or works, in any capacity, for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting;
d) The solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting.
Below there is more information about various aspects of corruption and bribery:
What are corruption and bribery?
Companies and their suppliers will routinely encounter the issue of corruption and bribery, especially when they work in sectors or areas where bribery has been a normal business practice.
Among the more common forms of corruption are:
- Bribery: payment given, received or promised in a corrupt business relationship. The phenomenon goes by many names, such as "kickback", "greasing someone's palm" and "gratuity".
- Embezzlement: occurs when the manager of another party's assets imposes a loss on such party in order to achieve a gain for the manager of the assets or other parties.
- Extortion: any payment extorted by intimidation, i.e. the use of force, violence or threats of violence.
- Preferential treatment: occurs when economic resources are used to benefit friends, family or others with a special connection to the holder of an office.
Corruption and competitiveness
Companies that are active in sectors or geographical areas in which corruption and bribery may occur are often aware that corruption and bribery are illegal and detrimental to economic sustainability, democracy and the rule of law.
Nonetheless, these same companies feel obliged to use bribery or corruption in order to remain competitive. You should therefore give careful consideration to such obstacles before deciding to cooperate with suppliers that operate in this environment, and you should seek to prevent corruption and bribery wherever possible.
Companies and suppliers must also avoid unlawfully influencing public officials, the political and legal system, or private individuals. Unlawful acts are defined as acts that lie outside the gaze and control of public authorities and whose purpose is to influence (through bribery, threats, promises or other means) public officials, judges or other political or private individuals in order to subvert the political process, affect the outcome of legal proceedings, or create unfair preferential treatment.