Anti-bribery & Anti-corruption Policy
Objective
HYPRO (Hypro Engineers Pvt Ltd hereinafter referred to as Hypro) is committed to the prevention, deterrence, and detection of fraud, bribery, and all other corrupt business practices. It is HYPRO’s policy to conduct all of its business activities with honesty, integrity, and the highest possible ethical standards and vigorously enforce its business practice, wherever it operates throughout the world, of not engaging in bribery or corruption.
Any and every action executed for monetary gains direct or indirect with an intention to gain something is not acceptable in Hypro.
If you as a supplier, vendor, service provider intentionally try to influence the decision-maker by offering gifts, personal gains, private commission to receive business and are discovered then be ready to be blacklisted for any future transaction with Hypro.
Scope and Applicability
This Anti-bribery and Anti-corruption Policy (this “Policy”) applies to all individuals working for all affiliates and subsidiaries of HYPRO at all levels and grades, including directors, senior executives, officers, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, seconded staff, casual workers, volunteers, interns, agents, or any other person associated with HYPRO (collectively referred to as “You” or “you” in this Policy).
In this Policy, “Third Party(ies)” means any individual or organization, who / which come into contact with HYPRO or transact with HYPRO and also includes actual and potential clients, suppliers, business contacts, consultants, intermediaries, representatives, subcontractors, agents, advisers, joint ventures and government & public bodies (including their advisers, representatives and officials, politicians and political parties).
Bribe Meaning
A bribe is an inducement, payment, reward or advantage offered, promised, or provided to any person in order to gain any commercial, contractual, regulatory, or personal advantage. It is illegal to directly or indirectly offer a bribe or receive a bribe. It is also a separate offense to bribe a government/ public official. “Government/ public official” includes officials, whether elected or appointed, who hold a legislative, administrative or judicial position of any kind in a country or territory. A bribe may be anything of value and not just money — gifts, inside information, sexual or other favors, corporate hospitality or entertainment, payment or reimbursement of travel expenses, charitable donation or social contribution, abuse of function — and can pass directly or through a third party. Corruption includes wrongdoing on the part of an authority or those in power through means that are illegitimate, immoral, or incompatible with ethical standards. Corruption often results from patronage and is associated with bribery.
Receiving a Bribe
Arjun works in the Supply Chain Management Department in Zen Automobiles. A regular supplier offers a job for Arjun’s cousin but makes it clear, that in return they expect Arjun to use his influence to ensure Zen Automobiles continue to do business with the supplier.
Gifts and Hospitality
Employees or members of their immediate families (spouse, mother, father, son, daughter, brother, sister, or any of these step- or in-law relationships, whether established by blood or marriage including common law marriage) should not provide, solicit or accept cash or its equivalent, entertainment, favors, gifts or anything of substance to or from competitors, vendors, suppliers, customers or others that do business or are trying to do business with HYPRO. Loans from any persons or companies having or seeking business with HYPRO, except recognized financial institutions, should not be accepted. All relationships with those who HYPRO deals with should be cordial but must be on an arm’s length basis. Nothing should be accepted, nor should the employee have any outside involvement, that could impair, or give the appearance of impairing, an employee’s ability to perform his/her duties or to exercise business judgment in a fair and This Policy does not prohibit normal and appropriate gifts, hospitality, entertainment and promotional or other similar business expenditure, such as calendars, diaries, pens, meals and invitations to theatre and sporting events (given and received), to or from Third Parties. However, the key determining factor for appropriateness of the gift or hospitality and/or its value would be based on facts and circumstances under which such gift or hospitality is provided. The practice of giving gifts and hospitality is recognized as an established and important part of doing business. However, it is prohibited when they are used as bribes. Giving gifts and hospitality varies between countries and sectors and what may be normal and acceptable in one country may not be so in another. To avoid committing a bribery offense, the gift or hospitality must be a. Reasonable and justifiable in all the circumstances b. Intended to improve the image of HYPRO, better present its products and services or establish cordial relations The giving or receiving gifts or hospitality is acceptable under this Policy if all the following requirements are met: a. It is not made with the intention of influencing a Third Party to obtain/ retain business or a business advantage or to reward the provision or retention of business or a business advantage or in explicit or implicit exchange for favors/ benefits or for any other corrupt purpose It does not include cash or a cash equivalent (such as gift certificates or vouchers) It is appropriate in the circumstances. For example, small souvenirs at festivals. It is given openly, not secretly, and in a manner that avoids the appearance of impropriety Examples of Token Gifts: Corporate calendar, pens, mugs, books, T-shirts, wine bottles, a bouquet of flowers, or a pack of sweets or dry fruits. If the gifts or hospitality given or received is more than a token gift or modest meal/ entertainment in the ordinary course of business, you must obtain prior written approval from your vertical head and must notify the Whistleblower Committee at Hypro for recording in the gift and hospitality register. This hospitality would constitute bribery as it would be made with the intention of influencing the potential client to obtain business. The timing of this hospitality is important. If there was no RFP deadline you may be able to entertain the potential clients without breaching the law. This is because the intention of the hospitality would be then to improve the Company’s image, better present the products and services, and establish cordial relations with the potential client.
Willful Blindness
If an employee willfully ignores or turns a blind eye to any evidence of corruption or bribery within his / her department and/or around him/her, it will also be taken against the employee. Although such conduct may be “passive”, i.e. the employee may not have directly participated in or may not have directly benefited from the corruption or bribery concerned, the willful blindness to the same can, depending upon the circumstances, carry the same disciplinary action as an intentional act.
Facilitation Payments and Kickbacks
Neither an employee of HYPRO nor any person acting on behalf of HYPRO shall make and shall not accept facilitation payments or “kickbacks” of any kind. “Facilitation Payments” are typically small, unofficial payments (sometimes known as “grease payments”) made to secure or expedite a routine government action by a government official. “Kickbacks” are typically payments made to commercial organizations in return for a business favor/ advantage, such as a payment made to secure the award of a contract. You must avoid any activity that might lead to or suggests that a Facilitation Payment or Kickback will be made or accepted by HYPRO.
Guidance on How to Avoid Making Facilitation Payments
Corrupt government officials demanding payments to perform routine government actions may often put people acting on behalf of HYPRO in very difficult positions. Therefore, there is no easy solution to the problem. However, the following steps may help: Report suspicions, concerns, queries, and demands for Facilitation Payments to the higher-ups and to local enforcement authorities and refuse to make such payments.
Charitable Donations
As part of its corporate citizenship activities, HYPRO may support local charities or provide sponsorship, for example, to sporting or cultural events. We only make charitable donations that are legal and ethical under local laws and practices and also within the corporate governance framework of the organization.
Political Activities
We are apolitical, advocate government policies on sustainability and do not contribute financial or in-kind to political parties, politicians and related institutions in any of the countries.
We do not make contributions to political parties, political party officials or candidates for political office.
You should not make any political contribution on behalf of HYPRO, use any HYPRO resources to assist a candidate or elected official in any campaign or coerce or direct another employee to vote a certain way. You should never attempt to offer any incentives to public officials in the hopes of influencing the decision of that individual.
What We Expect of a Team Member
HYPRO team members are the pillars of this organization and are behind each HYPRO success story. Every employee must ensure that he/she shall read, understand, and comply with this Policy. If any employee has doubts or concerns, he/she should contact his / her Manager or the Whistleblower Committee. The prevention, detection, and reporting of bribery and other forms of corruption are the responsibility of all those working for HYPRO or under HYPRO’s control. Employees are required to avoid any activity that might lead to or suggest a breach of this Policy.
Employees must notify his / her Manager and the Whistleblower Committee as soon as possible if you believe or suspect that a breach of or conflict with 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. We reserve our right to terminate our contractual relationship with you if you breach this Policy. Any breach of this Policy would also result in the imposition of large fines/ imprisonment on the individual/ the Company as the case may be or termination of the contract with a Third Party.
Protection
Those who refuse to accept or offer a bribe or those who raise concerns or report another’s wrong-doing are sometimes worried about possible repercussions. We 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 that no one suffers any detrimental treatment as a result of refusing to take part in bribery or corrupt activities or because of reporting their suspicion in good faith that actual or potential bribery or other corruption offense has taken place or may take place in the future. If any employee believes that he/she has suffered any such treatment, he/she should inform your Manager or the Whistleblower Committee.
