Share on:

Anti-corruption Policy

 

Purpose and scope

Definitions

General rules

Precautions

Gift giving and receiving

Conflict of Interest

Requirements for business partners

Reporting Violations

Sanctions

 

 

Purpose and scope

This Policy regulates the principles of countering Corruption and avoiding conflicts of Interests at Daicel Safety Systems Europe Sp. z o. o. (DSSE)

The provisions of this Policy apply to all DSSE Employees, Customers, Suppliers, Business Partners or other parties cooperating with DSSE.

Each DSSE Employee and any other person who becomes aware of or suspects Corruption is required to make a Report.

 

Definitions

 

  •          Corruption - a specific type of Violation. It means offering, giving or accepting, whether directly or indirectly, anything of value or any advantage to distort proper performance of duty or proper conduct of the person receiving such improper advantage or a promise thereof.
  •          Material benefit - any goods that satisfies a specific need, the value of which can be expressed in money. It can be an increase in property, also favorable contracts, e.g. a loan granted on preferential terms, donation, assignment of receivables, release from debt, winning a tender.
  •          Personal benefit - a non-pecuniary benefit improving the situation of the person who receives it, e.g. a promise of promotion, receiving a job, awarding a non-monetary award or distinction, limiting professional duties, admission to an internship, sending for a foreign scholarship, creating a favorable image in the media, speeding up the operation, etc.
  •          Violation - the occurrence of a breach or abuse of the law resulting from an act or omission to act, as well as a breach of the procedures applicable in DSSE, including the Code of Ethics.

 

General rules

The DSSE does not tolerate Corruption or activities that may be considered Corruption, even by mistake. Contacts with Employees, Business Partners, Customers and Other parties are always fair. DSSE assumes equal treatment of all stakeholders.

 

Corrupt practices include in particular:

 

  •          offering, promising, giving or accepting any Material Benefits or Personal Benefits, subject to gifts not intended to influence business decisions and not exceeding PLN 200;
  •          gaining, or helping third parties (including Business Partners or Customers) to gain, anything of value or any advantage by disclosing or using DSSE’s proprietary information or DSSE’s trade secrets learnt in connection with the position held at or job done for DSSE;
  •          acting as an intermediary in the above activities;
  •          allowing or inducing anyone to engage in the above activities;

 

 

DSSE requires that the following rules to be applied in case:

 

  •          maintaining the utmost diligence while performing all activities at DSSE;
  •          you must not accept or offer any unlawful material or personal advantage that may be treated as a bribe;
  •          you must not make the positive decisions depending on internal or external influences, or in exchange for accepting an undue advantage or a promise to receive it;
  •          be cautious when accepting or giving a gift, especially if it would have an impact on decisions made;
  •          it is not allowed to offer Employees or Other persons any material benefits or personal benefits, except for gifts up to PLN 200 that do not influence company decisions;
  •          Senior management actively participates in the implementation and promotion of the principles of this Policy;

 

Precautions

The following precautionary measures are recommended to minimize the risk of Corruption and ensure transparency of the decisions taken.

  •          planned meetings should be official and reported to the Superior;
  •          during meetings, transparency of decision-making which may involve the risk of Corruption should be ensured;
  •          at least two DSSE Employees should participate in meetings and negotiations with external entities;
  •          the Superior should be informed on an ongoing basis about the status of contacts and arrangements, as well as the status of implementation of contracts concluded with external entities (including difficulties in their implementation).

 

Gift giving and receiving

Special caution must be exercised in any gift giving and receiving situations. Gifts and entertainment shall only be provided if:

 

  •          they are appropriate in accordance with the adopted business practice and give no impression of improperly influencing the recipient; and

 

  •          their function is to promote business relations of the brand or services of DSSE.

 

Giving and accepting gifts requires careful consideration of a given situation by the Employee and his Supervisor, and in the case of gifts which purpose is not to influence business decisions and the value does not exceed PLN 200, the above-mentioned consultation is not required.

 

You may not give, offer or accept any gifts (gifts that give the impression) intended to influence business decisions or to gain an unfair advantage. In any event, the following gifts are prohibited:

  •          money or its equivalents (eg gift certificates, shares, stocks, etc.);
  •          gifts that violate applicable laws or DSSE's internal procedures;
  •          gifts that are inappropriate, harm DSSE's reputation or the good name or dignity of an Employee / Other person;
  •          gifts offered in the form of "something for something" - in return for which the recipient is obliged to take any action in the best interest of the giver;
  •          giving gifts to representatives of central or local government administration or other persons discharging public functions.

 

Expenses associated with buying gifts must be transparent and accurately recorded in books and records. Gifts given or received, the value of which exceeds the symbolic value of PLN 200, must be entered in the register kept by the Administration Department.

 

 

Conflict of Interest

Each Employee or Other person is obliged to avoid a Conflict of Interest.

 

In order to avoid a Conflict of Interest, DSSE takes the following steps:

 

  •          The existence of a potential Conflict of Interest should be verified at the stage of establishing relationships with Business Partners and other stakeholders, as well as in the process of recruiting new employees.
  •          Employees and Others may not engage in or be in an employment or civil contract with entrepreneurs who are competitors, customers, suppliers or other DSSE Business Partners. Engagement is understood as having significant blocks of shares or interests in the entities indicated above in the amount of at least 10% or being a partner of another commercial or civil law company, regardless of the right to representation and conduct of affairs.
  •          If an Employee or Other Person is faced with a Conflict of Interest (including potentially) or a potential Conflict of Interest, this must be reported to their Manager. Then, the Supervisor, together with the Compliance Officer, prepare a solution to this situation, aimed at an unequivocal resolution of the Conflict of Interest.

 

DSSE informs its Business Partners about an existing or potential Conflict of Interest and expects reciprocity in this regard.

Failure to disclose a Conflict of Interest results in the liability of the Employee or Other Person.

 

Requirements for business partners

DSSE makes every effort to cooperate only with such suppliers and other Business Partners who conduct their business activities in a fair and transparent manner. Relationships with our Business Partners are based on mutual trust, respect and professionalism.

 

We require all entities we work with to adhere to the same standards of integrity and ethics as those we adhere to - in particular with regard to the risk of Corruption. The unethical or unlawful actions of these entities may harm DSSE's reputation and cause loss of our company's good name; such actions are unacceptable to us.

 

We evaluate our Business Partners (including potential Partners) in terms of their compliance with the principles of honesty and ethics in business, expressed, inter alia, in in this Policy; in particular, the above-mentioned  we verify entities in the scope of pending criminal or administrative proceedings related to corruption activities, as well as whether there has been a final judgment in relation to Corruption in relation to a member of the management bodies of supervisory bodies or an employee of any of the Business Partners. We only implement projects with Business Partners (including potential ones) whose business goals comply with applicable regulations.

 

Employees and Other persons obey and clearly communicate DSSE's Anti-Corruption, Receiving and Giving Gifts Policy and Conflict of Interest Policy when dealing with Business Partners and other stakeholders.

 

In contracts concluded with our Business Partners, the content or purposes of which could, also potentially, result in corrupt activities by any persons involved in their implementation, regardless of the will, knowledge or fault of the parties to these contracts, DSSE requires an anti-corruption clause with the following content:

 

“In the performance hereof, the BUSINESS PARTNER hereby agrees to fully comply with all applicable anti-corruption laws, including any regulations in force in the jurisdiction of its registration and of Polish law (should those be different countries) and shall abide by the DSSE anti-corruption policy guidelines laid down in the DSSE Code of Ethics available at: www.daicelsse.com  Where the BUSINESS PARTNER breaches any anti-corruption law or any anti-corruption policy guideline laid down in the DSSE Code of Ethics, such breach shall be deemed a gross breach of the Agreement, which shall authorise DSSE to take any actions provided for hereunder and in applicable laws to remedy the breach, up to termination of DSSE's contractual relationship with the BUSINESS PARTNER, or to report such breach to competent public authorities.”

 

Reporting Violations

In particular, cases of identified or potential cases of Corruption.

 

Each Employee or Other person who becomes aware of an incident related to the occurrence of Corruption or even suspicion of it, regardless of whether such an incident involves only the internal organization of DSSE or the participation of third parties, is obliged to make a Report. The report may also be made anonymously.

 

Reports on the occurrence or suspicion of Corruption, indicated in this Policy, can be made to:

• Immediate Supervisor

• Compliance Specialist

• the President of the Management Board

• E-mail: compliance@dsse.daicel.com (local DSSE) help_line@jp.daicel.com (global Daicel Corporation)

 

DSSE reporting channels comply with good whistleblowing practices and with the requirements set out in Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law of 23 October 2019 (Official Journal of the European Union No. 305, p. 17).

DSSE protects those who report corruption or other abuse against any form of retaliation.

The application, depending on the information in the possession of the Applicant, should include:

  •          date and time when the Violation were discovered;
  •          date and time of the Violation;
  •          description of the circumstances of the Violation, including details of the person who contributed to the Violation;
  •          as far as available information - description of the effects / consequences of irregularities.

 

The Reporting person, in the case of having materials that may constitute evidence of the Violation, shall provide them with the Notification.

In the event of confirmation of the occurrence of corruption or other abuses, DSSE takes appropriate remedial measures to prevent similar events in the future.

 

Sanctions

Violation of the provisions of this Policy constitutes a breach of employee obligations.

DSSE or the Supervisor may decide to take appropriate disciplinary measures or other actions against the offender against the breach provided by applicable law, including legal proceedings.

Depending on the circumstances and nature of the violation of the provisions of this Policy, the violating person may also be held criminally responsible.