Purpose
AL Mojil Drug Company (K.S.C.C) is committed to conducting our business in accordance with all applicable laws, rules and regulations and the highest ethical standards.
The purpose of this Anti-Bribery and Anti-Corruption policy is to reiterate AMDC’s commitment to full compliance by the Company, its Directors, Managers, Employees, and agents with US Foreign Corrupt Practices Act (FCPA) and other applicable laws that prohibit improper payments to obtain a business advantage.
For the purpose of this policy, a “Contractor” or “Supplier” is defined as a third party entity or individual who provides and received payment for, services or goods related to any aspect of an AMDC operation and includes consultants and subcontractors. A “non-supplier vendor “ is defined as a third party individual, company, organization, and /or government or government-related entity that will receive payment from AMDC but will not provide goods or service in return.
Scope
This policy is applicable to every employee of AMDC including Senior Management, Financial Officers, and Directors of AL Mojil Drug Company (K.S.C.C). The reporting requirement of this policy is also applicable to AMDC’s contractors and suppliers. This policy is intended to supplement all applicable laws, rules and other corporate policies. It is not intended to supplant any local laws.
Any individual or organization you come into contact with during the course of your work for us and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
This policy applies to all individuals working at all levels and grades, including Senior Managers, Officers, Directors, Employees (whether permanent or temporary), Consultants, Contractors, Trainees, Casual Workers and Agency Staff, Volunteers, Interns, Agents, Sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as employees in this policy).
Definition
Corruption is the misuse of public power for private profit or the misuse of entrusted power for private gain.
Bribery is the offer, promise or payment of cash, gifts or even excessive entertainment, or an inducement of any kind offered or given to a person in a position of trust to influence that person’s views or conduct or to obtain an improper advantage. Bribery and corruption can take many forms, including the provision or acceptance of;
- Cash payments;
- Kickbacks
- Gifts, entertainments or other business promotional activities.
- Covering or reimbursing an official’s expenses
- Facilitation payments (it is a form of bribery made for the purpose of expediting or facilitating the performance of a public official for a routine governmental action, and not to obtain or retain business or any improper business advantage)
- Offers of employment or other benefits to a family member or friend of a foreign official (Foreign official-who act in an official governmental capacity)
- Political party and candidate contributions
- Charitable contributions and sponsorships
Policy Requirements
AMDC’s personnel and agents are strictly prohibited from offering, paying, promising or authorizing;
- Any payment or other things of value
- To any person
- Directly or indirectly through or to a third party;
- For the purpose of (i.e., in exchange for);
- Causing the person to act or fail to act in violation of a legal duty;
- Causing the person to abuse or misuse their position; or
- Securing an improper advantage, contract or concession;
- For AL Mojil Drug Company or any other party
To promote compliance with Anti-corruption laws in applicable jurisdictions, no AMDC personnel shall undertake any improper payment activity in respect of a foreign official, a domestic official or a person doing business in the private sector.
AMD will not accept and/or reimburse any kind of expenses or payments related to the travel of guests and family members of Government Health Care Professionals (HCP”s).
Exceptions
Gifts, business entertainment and other legitimate promotional activities involving foreign officials may be permissible under this policy in certain limited circumstances. For example, the act does not prohibit modest gifts at holidays, company logo gifts and routine business meals. To comply with this policy such expenditures must be reasonable in cost related, to legitimate business promotional activity or performance of an existing contract, and otherwise consistent with organization’s business practices.
This policy does not prohibit reasonable promotional or other business activities, including legitimate charitable contributions or sponsorships. Special care is required, however, when foreign officials may be involved to avoid any appearance that benefits are being offered to improperly influence the performance of official duties.
Employees Responsibilities
All Employees must ensure that you read, understand and comply with this policy. The prevention, detection, and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All employees are required to avoid any activity that might lead to, or suggest, a breach of this policy. You must notify your Manager or the Compliance Officer as soon as possible if you believe or suspect that a conflict with or breach of this policy has occurred, or may occur in the future. Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. We reserve our right to terminate our contractual relationship with other workers if they breach this policy.
Record-keeping
AMDC must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties. AMDC must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.
AMDC must ensure all expenses claims relating to hospitality, gifts or expenses incurred by third parties are submitted in accordance with our expenses policy and specifically record the reason for the expenditure. All accounts, invoices, memoranda (memo), other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments.
How to raise a concern
You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries or concerns, these should be raised with your Line Manager or the Compliance Officer.
What to do if you are a victim of bribery or corruption
It is important that you tell the Compliance Officer as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.
Protection of Employees
Who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offense has taken place, or may take place in the future.
Detrimental treatment includes dismissal, disciplinary action, threats or other unfavorable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the Compliance Officer immediately. If the matter is not remedied, and you are an employee, you should raise it formally using the company’s Grievance Procedure.
Training and communication
Training on this policy forms part of the induction process for all new employees. All existing employees will receive regular, relevant training on how to implement and adhere to this policy. In addition, all employees will be asked to formally accept conformance to this policy on an annual basis. Our zero-tolerance approach to bribery and corruption must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate thereafter.
Who is responsible for the policy?
The Senior Management has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it. The Compliance Officer has primary and day-to-day responsibility for implementing this policy and for monitoring its use and effectiveness and dealing with any queries on its interpretation. Management at all levels is responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training on it.
Monitoring and review
The Compliance Officer will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy, and effectiveness. Any improvements identified will be made as soon as possible. Internal control systems and procedures will be subject to regular audits to provide assurance that they are effective in countering bribery and corruption. All employees are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing. Employees are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions, and queries should be addressed to the Compliance Officer. This policy does not form part of any employee’s contract of employment and it may be amended at any time.
Audits
Audits of AMDC sites, operating units and contractors may be conducted periodically to ensure that the requirement of this policy and applicable procedures and guidelines are being met. Audits may be conducted internally by AMDC or externally by third parties. Audit documentation shall include performance improvement action plans.
Waiver
There is no permitted deviation or waiver from this policy.
Discipline
Any employee who violates the terms of this policy will be subject to disciplinary action. Any employee who has direct knowledge of a potential violation of this policy but fails to report such potential violations to company management will be subject to disciplinary action. Any employee who misleads or hinders investigators inquiring into a potential violation of this policy will be subject to disciplinary action
In all cases, disciplinary action may include termination of employment. Any third-party agent who violates the terms of this policy, who knows of and fails to report to AMDC management potential violations of this policy, or who misleads investigators making inquiries into potential violations of this policy, may have their contracts re-evaluated or terminated.