NNPC Limited Code of Conduct - Anti-bribery and Corruption PDF

NNPC Limited Code of Conduct 3. Anti-bribery and Corruption We are committed to achieving and maintaining business operations which are free from bribes and other corrupt practices. To achieve this commitment, we operate a policy of zero tolerance to bribery and corruption. NNPC Limited strongly p...

NNPC Limited Code of Conduct 3. Anti-bribery and Corruption We are committed to achieving and maintaining business operations which are free from bribes and other corrupt practices. To achieve this commitment, we operate a policy of zero tolerance to bribery and corruption. NNPC Limited strongly prohibits any form of facilitation payment, bribery, and corruption at any level and by any of its employees, business partners, contractors and suppliers. NNPC Limited will not pay, promise, receive or request any form of bribe either directly or indirectly through its intermediaries and/or representatives. Also, NNPC Limited complies with all applicable national and international laws and regulations with respect to improper payments to government officials. See appendix A for details on key anti-corruption regulatory requirements. 3.1 Corruption Corruption is the abuse of influence or power for personal gain, or the inducement of a person to act in a manner contrary to the duty of that person for the gain of the perpetrator. Corruption manifests in many forms including bribery, kickbacks, illegal gratuities, economic extortion and collusion. Examples of corruption include, but are not limited to the following: a) Receiving and/or paying bribes from/to customers and business partners of NNPC Limited. b) Receiving kickbacks from vendors and business partners of NNPC Limited. c) Accepting or making facilitation payments to induce or expedite the performance of duties. d) Non-disclosure of known potential or actual conflict(s) of interest. 3.2 Bribery NNPC Limited has a clear position on bribery and corruption: NNPC Limited’s employees/representatives do not offer or accept bribes. The direct or indirect offer, payment, soliciting or acceptance of bribes in any form (including favours) by our employees, is unacceptable. NNPC Limited also promotes its policy on bribery and corruption amongst its business partners, contractors, and suppliers. 15 NNPC Limited Code of Conduct 3.3 Facilitation Payments Facilitation payments are unofficial payments made to a government official with the aim of making the receiving official expedite the performance of routine duties or incentivizing the official to perform such duties. NNPC Limited has a clear position on facilitation payment: NNPC Limited prohibits facilitation payment and employees are not allowed to make facilitation payments or “Kickbacks” of any form. We also seek to ensure that our agents, contractors and suppliers do not make facilitation payments on our behalf. 3.4 Dealing with Business Partner We are committed to engaging in mutually beneficial activities with all our business partners. However, we insist that relationships with business partners should be built on high ethical standards. Therefore, NNPC Limited unequivocally prohibits business partners and/or any representatives of NNPC Limited from making, promising or receiving any corrupt payments on behalf of NNPC Limited. Management shall also design and implement appropriate (i.e. risk based) and adequate due diligence measures on potential and existing business partners and/or any representatives of NNPC Limited, prior to commencing any business relationship or periodically during the business relationship. 3.5 Dealing with Government Officials Formulating good relationships with government officials is a necessary part of NNPC Limited’s operations, especially owing to the nature and structure of NNPC Limited’s business. Nevertheless, we are committed to ensuring that employees maintain high ethical standards in relating with government officials. In view of this, you are: Obligated to carry out transactions with government officials / offices in transparent manner and in line with NNPC Limited’s ethical principles, which include: a) Avoiding nepotism or favouritism in transacting with government officials. b) Ensuring that such relationships are carried out at arm’s length in appearance and fact and are consistent with the laws of the Federal Republic of Nigeria and other international laws where applicable. A register of all meetings held with government, including minutes of meeting should also be maintained by the Department of NNPC Limited that attended the meeting. 16 NNPC Limited Code of Conduct 3.6 Who must Comply with the Anti-bribery and Corruption Provisions? NNPC Limited requires compliance with its policy on bribery, corruption and facilitation payments from business partners, agents, representatives, contractors, and suppliers. Clauses on anti-bribery and right to audit should be included in contracts with third parties. NNPC Limited’s senior management should proactively promote NNPC Limited’s anti-bribery policy with third parties and encourage employees to do the same. They should also ensure that charitable donations are not used as a substitute for bribery. Acts or allegations of bribery can do serious damage to NNPC Limited’s reputation. Any NNPC Limited employee / representative who is found to be giving or taking bribes or any other acts of corruption, will be subject to disciplinary action which may ultimately lead to dismissal and, where appropriate, criminal proceedings. This applies to transactions with a foreign or domestic government official or employee or with any private company or person, and whether in the conduct of domestic or international business. Also, it applies whether the payment is made or received directly or through a third party, such as an agent, representative, contractor or business partner. 3.7 What NNPC Limited Expects from Employees Exercise caution when giving or receiving gifts or entertainment to or from government officials or other business contacts. (Please refer to the details in the section on Gifts and Hospitality) Seek advice from your Manager / General Manager/GRC if you are unsure about giving or receiving a gift or anything of value or providing entertainment. Satisfy yourself about the status and probity of any agent and make sure the agent understands NNPC Limited’s position on bribery and facilitation payments. Report any concerns you may have about corrupt activities either within the Company or in dealings with third parties, through the internal or external reporting channels. a) Don’t offer, accept, solicit, or pay bribes or make facilitation payments, kickbacks or other improper payments in carrying out the duties of the Company. This applies to transactions with a foreign or domestic government official or employee or with any private company or person, and whether in the conduct of domestic or international business. Also, it applies whether the payment is made or received directly or through a third party, such as an agent, representative, contractor or business partner. 17 NNPC Limited Code of Conduct b) Don’t use political or charitable donations as a substitute for bribery; stay in accordance with applicable law. c) Don’t use agents to offer or accept bribes or facilitation payments indirectly. 3.8 Responding to Corrupt Activities Management is committed to ensuring that detected incidents of bribery and corruption are extensively investigated and appropriate disciplinary action taken if the involved parties are found culpable. 18