ANTI-CORRUPTION POLICY

FULTER ANTI-CORRUPTION POLICY BASED ON THE FOREIGN CORRUPT PRACTICES ACT (FCPA) OF THE UNITED STATES OF AMERICA.

Objective and implementation:

The purpose of this policy is to offer all Fulter employees an overview of the United States Foreign Corrupt Practices Act (FCPA) and its implementation in Fulter's business activities. Members of all Fulter sections, branches, and subsidiaries as well as Fulter representatives will fully comply with the provisions of the FCPA. This guide is intended to assist Fulter employees in the performance of their duties. It should help them recognize potentially problematic areas so that they can consult with the Human Resources Director and the Chief Financial Officer before taking any action.

We expect all Fulter staff to perform their activities in a legal and ethical manner, as indicated in the Fulter code of conduct. Improper gifts, payments or offers of any value to foreign officials could jeopardize both Fulter's ongoing business and reputation. The use of company funds or financial assets for improper illegal or unethical purposes is also prohibited. Specifically, it is Fulter's policy to fully comply with the standards set forth in the FCPA.

Forbidden Payments:

The FCPA bribery provisions prohibit bribing foreign officials in order to retain or secure a business or any other advantage. Specifically, the FCPA prohibits making payments, offering or giving money or anything of value to any foreign official for the purpose of corrupting them.

Under this policy, the term “Foreign Official” refers to both officials or employees of a foreign government or those of public international organizations. The term foreign official includes not only elected officials but also advisors with government positions, employees of companies owned by foreign governments, political party officials and others. The FCPA prohibits both direct and indirect payment to foreign officials.

Therefore, pursuant to the FCPA an American company will be responsible for the undue payment made by both its agents or other business partners. Fulter staff must not make or authorize gifts, payments or offers of any value to foreign officials, whether local, regional or national, except as provided in these regulations.

Examples of measures to obtain or retain business:

  • Award of a contract
  • Influence the acquisition process
  • Avoid product import regulations
  • Access to tenders and bidding processes that are not public
  • Evasion of taxes or fines
  • Influence the verdict of a suit or its enforcement
  • Obtain exemptions from the regulations
  • Bypass the termination of a contract.

Records management, accounting and payment practices:

The FCPA records management provisions require that company books, records and accounts reflect correctly and in reasonable detail transactions and dispositions of assets. Therefore, the FCPA prohibits the mischaracterization or omission of any transaction in the company's books.

Before paying or authorizing a payment to a foreign official, Fulter employees or representatives must be certain that the payment will not be made for any other purpose than that described exactly and in full in Fulter's books and records. Therefore, the following practices are prohibited:

  • The opening of secret or unregistered accounts
  • False or artificial entries in books and records
  • The use of personal funds to do anything that is somehow prohibited by Fulter's policy.

Due diligence and selection of representatives and business partners

Fulter will participate fairly and ethically in all business opportunities and negotiate contracts fairly and openly regardless of any pressure exerted by foreign officials. Fulter will conduct its business operations using only legal and ethical means.

Sanctions

The FCPA establishes criminal responsibility for both individuals and corporations. Any Fulter personnel member who violates the guidelines set forth herein or in the FCPA may be penalized for adverse labor actions that may include dismissal. Foreign distributors, agents or representatives of Fulter who violate these guidelines or the FCPA will be sanctioned, and even when appropriate, the business relationship (the contract or others) will be terminated.

Responsibility

Periodic reports of compliance with Fulter's policy based on the FCPA will be required, as well as participation in training courses in accordance with management's instructions. 

Fulter Executive Director.

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