Policy Summary
The brands of 4TE (the “Company”) are part upon the trust and confidence of the users and customers across the globe. The Company is therefore committed to conducting business in accordance with the highest ethical standards and prohibits all forms of bribery and corruption. This Anti-Bribery Policy (Global) (“Policy”) prohibits bribery of government officials (both U.S. and non-U.S.) as well as private sector (commercial) bribery, including the offering, promising, authorizing or providing anything of value to any customer, business partner, vendor or other third party in order to induce or reward the improper performance of an activity connected with our business. Either a violation of this Policy or the Company’s Code of Business Conduct (“COBC”) could result in disciplinary actions including, but not limited to, termination of employment. It is therefore vital that you not only understand and appreciate the importance of this Policy, but also comply with it in your daily work. If you have any questions about this Policy or applicable Anti-Bribery laws generally, contact Company at qms@4TuneEngineering.com.
1. Purpose and Goals
This Policy is intended to outline the Company’s risks related to bribery and corruption, to highlight the your responsibilities under both the relevant anti-corruption laws and Company policies, and to provide you with the tools and support necessary to identify and combat those anti-corruption risks.
2.Scope and Range of Application
4TE expects all employees, officers, directors, and third parties working on its behalf to refrain from engaging in any form of bribery or corruption, irrespective of citizenship, domicile, or location. In addition to this general prohibition on bribery and corruption, this Policy and the AB Process Documents set forth several policy and procedural requirements that apply to all employees of 4TE and its world-wide majority-owned or controlled subsidiaries.
3. Risks and/or Consequences of non-compliance
A violation of relevant anti-corruption laws can lead to severe civil and criminal penalties and reputational harm to our Company. Company employees that violate these laws can also face severe civil and criminal penalties, including jail time. The prohibition against bribery is incorporated into our COBC; thus, a violation of this Policy could also result in disciplinary actions pursuant to our COBC including, but not limited to, termination of employment.
4. Policy details
4.1 Applicable Laws
Employees of the Company must abide by all applicable Anti-Bribery laws, and the local laws in every country in which we do business (for example, federal, regional, provincial, and state laws). Virtually every country in which we operate prohibits bribery. These laws generally prohibit both bribery of government officials and private sector (commercial) bribery. In addition to the prohibition of bribery, 4TE establish and maintain accurate books and records and adequate internal controls.
4.2 Prohibition of Bribery
4.2.1 Government Bribery
The Company and its employees are prohibited from giving, promising, offering, or authorizing payment of anything of value to any government official (both U.S. and non-U.S. officials) to obtain or retain business, to secure some other improper advantage, or to improperly influence a government official’s actions. Additionally, Company associates must also avoid the appearance of improper interactions with government officials.
4.2.2 Commercial Bribery
In addition to the prohibitions of bribing government officials discussed above, the Company prohibits employees from offering or providing corrupt payments and other advantages to or accepting the same from private (non- government) persons and entities. Such payments constitute commercial bribery and are often called “kickbacks.”
4.2.3 Facilitation Payments
The Company’s prohibition on bribery applies to all improper payments regardless of size or purpose, including “facilitating” (or expediting) payments. Facilitating payments refer to small payments to government officials to expedite or facilitate non-discretionary actions or services, such as obtaining an ordinary license or business permit, processing government papers such as visas, customs clearance, providing telephone, power or water service, or loading or unloading of cargo. Generally, facilitation payments are prohibited by this Policy, except for a very limited set of circumstances for which prior written approval must be obtained from both Company CEO and Chairman.
4.3 Providing Items of Value to Government Officials
4.3.1. Government Dealings Approval Tool (“GDAT”)
Before providing an item of value to any government official or entity (both U.S. and non-U.S. government officials) employees must first obtain prior written approval from Company Legal Counsel via GDAT. GDAT may be requested by email to poc@4TuneEngineering.com.
4.3.2. Gifts, Meals, Travel and Entertainment (“GME”)
It is never permissible to provide gifts, meals, travel, or entertainment to anyone (government officials or commercial partners) in exchange for any improper favor or benefit. In addition, gifts of cash or cash equivalents, such as gift cards, are never permissible. Prior approval via GDAT is required before providing GME to a government official or entity.
4.3.3. Donations
It is never permissible to provide a donation to improperly influence a government official, or in exchange for any improper favor or benefit. It may, however, be permissible to make donations directly to a government agency (rather than to an individual government official) as part of a charitable effort. Prior approval via GDAT is required before making such a donation.
4.3.4. Promoting, Demonstrating, or Explaining Products
It is never permissible to direct promotional expenses or activities to a government official to improperly influence him or her, or in exchange for any improper favor or benefit. In some cases, however, it may be appropriate to direct such expenses to a government official or entity in order to promote, demonstrate, or explain the Company’s products and services. Before doing so, Company associates must seek prior approval via GDAT.
4.3.5. Hiring or Engaging Government Officials
It is never permissible to hire or engage a government official, or his or her immediate family members, to improperly influence the official, or in exchange for any improper favor or benefit. Note that before hiring a government official (or relative thereof) Company associates must first receive legal approval via GDAT. Refer to the AB Process Documents for additional information on hiring government officials or family members thereof.
4.3.6. Political Contributions
It is never permissible to provide a political contribution to improperly influence a government official, or in exchange for any improper favour or benefit. Potential political contributions do not go through the GDAT process. Rather, the Company manages political contributions through the Request for Approval (“RFA”) process. All political contributions made on behalf of the Company must follow the current RFA process. See the Delegation of Authority for more information.
The AB Process Documents contain additional information about when the use of GDAT is required.
4.3.7. Limited Exceptions
There are limited exceptions to the prior GDAT approval requirement. These exceptions include when a blanket approval is in place (blanket approvals must be renewed on a yearly basis), when an employee’s personal safety is at issue, and the rare instance when GDAT approval cannot be obtained.
4.4 Third-Party Management
4.4.1. Applicability to Third Parties
Third-party agents, consultants, distributors, or any other third-party representatives acting for or on behalf of the Company (collectively, “third parties”) are prohibited from making corrupt payments on the Company’s behalf. This prohibition also applies to subcontractors hired by third parties to perform work on the Company’s behalf.
Any and all payments made to third parties, including commissions, compensation, reimbursements, must be customary and reasonable in relation to the services provided and accurately documented in the Company’s books and records. These payments must not be made in cash without prior written approval from Company both Chairman and CEO; or to bank accounts that are not in the third party’s name, unless otherwise approved in advance and in writing by the Company Chairman, CEO and Corporate CFO.
4.4.2. Due Diligence
Any and all third parties that will interact with government officials or entities on behalf of the Company must complete the Company’s online due diligence process before beginning work on the Company’s behalf. The AB Process Documents provide a detailed overview of the third-party due diligence process.
Any red flags raised during a due diligence review of a vendor must be addressed to the satisfaction of Company Legal Counsel prior to entering the relationship with the third party, and any remediation measure put in place should be documented in the due diligence tool. The AB Process Documents contain additional information related to common third-party red flags. Importantly, due diligence must be renewed on active vendors every three years.
All agreements with third parties that interact with government entities or officials must be memorialized in writing and include appropriate Anti-Bribery language. Company Legal Counsel shall determine the appropriate contractual language.
Once a third-party agent or consultant has been retained by the Company, the third party’s activities and expenses must be monitored by the relevant Company employee to ensure continued compliance with the applicable anti-corruption laws and Company policies.
For additional information and details on the due diligence process please review the Third Party Online Due Diligence supporting materials.
4.5 Certification
Every quarter, in conjunction with the Company’s Securities and Exchange Commission (“SEC”) Certification process, applicable employees are required to certify the accuracy of several representations related to this Policy.
4.6 Training
The Company requires all employees must have access to this Policy and be provided with an anti-bribery online training. The training is required to be completed by client-facing personnel, with new hires completing such training within three months of joining a 4TE. In addition, certain non-client facing personnel who work in finance, procurement, or the sales and marketing departments are also required to participate in anti-bribery training.
All employees must complete de online training: https://www.doingbusinesswithoutbribery.com.
4.7 Auditing
Company employees can conduct periodic internal audits of relevant Company operations to help ensure the Company’s continued compliance with applicable Anti-Bribery laws and this Policy. It is the duty of all employees to cooperate with— and never interfere with or obstruct—such audit activities or Company investigations.
4.8 Reporting Violations
Company employees can conduct periodic internal audits of relevant Company operations to help ensure the Company’s continued compliance with applicable Anti-Bribery laws and this Policy. It is the duty of all employees to cooperate with— and never interfere with or obstruct—such audit activities or Company investigations.
If you observe conduct that may violate this Policy, contact Company Legal Counsel or use the email poc@4TuneEngineering.com, hello@4TuneEngineering.com and qms@4TuneEngineering.com or the phone numbers found on the website. Suspected violations will be reviewed and investigated as appropriate and may lead to disciplinary action. Any such reporting will be treated as confidential to the extent permitted by law. The Company strictly prohibits retaliation for good faith reports of suspected misconduct. Failure to report a violation of this Policy constitutes an independent violation of this Policy and the COBC that is subject to discipline, up to and including termination of employment. Our Global Code of Conduct and our extensive anti-bribery and corruption program are designed to ensure we uphold the highest standards of professional integrity. 4TE’s position is that bribery and corruption are unethical and unacceptable and are inconsistent with our Values. Our collective commitments as stated in the Global Code of Conduct, specific to anti- bribery and corruption, include:
- Act lawfully, ethically and in the public interest;
- Not tolerate behavior within 4TE, by clients or suppliers, or public officials with whom we deal, that is illegal, unethical or breaches human rights;
- Not accept or offer bribes, or participate in corrupt practices, and have a zero tolerance for bribery and corruption in any form by any party; and
- Follow high standards of ethical conduct around the world, including aspiring to the ten principles of the UN Global Compact (including anti-bribery).
