Anti-corruption policy of Suntech
Introduction
Suntech S.A. has zero-tolerance policy towards corruption.
It is our duty to create a healthy business environment. We adopt a policy of zero tolerance towards corruption with respect to all areas of Suntech S.A.’s business activity.
The zero-tolerance policy towards corruption applies to all of us, including those who act on our behalf.
1. Purpose
The purpose of this Anti-corruption Policy is to provide all Suntech S.A. staff and employees with a code of conduct defined as a set of principles to comply with in all our business operations, and a set of prohibited conducts that may qualify as corruption or influence peddling.
This Policy is addressed to Suntech S.A. employees, co-workers and management.
As part of our communication activities aimed at preventing any forms of corruption, this Anti-corruption Policy should also reach all Suntech S.A. stakeholders (including customers and suppliers).
It is important that the Anti-corruption Policy does not become the sole source of information or interpretation for any business situation taking place in or outside Suntech S.A.. Therefore, each of us is required to acknowledge the regulations concerning corruption and influence peddling.
2. Definition of corruption and influence peddling
Corruption is defined as the unlawful proffering, offering or promise to offer, either directly or indirectly, or the unlawful request or acceptance, either directly or indirectly, of any bribe or undue benefit of any kind, in order to distort proper carrying out of one’s duty or to distort one’s behavior.
Crimes related to corruption have been defined in the Penal Code.
Corruption, as understood in this Policy, shall include bribery and laundering the proceeds of such practices.
Bribery means:
- proposing, promising or giving (the active form)
- soliciting, requiring or accepting a bribe, i.e. venality (the passive form)
in any form, of any value, which may be deemed to be an encouragement of (active or passive) bribery, which is contrary to the adopted principles of conduct or illegal, may amount to corruption, is unethical or in breach of law.
Influence peddling is regarded as claiming one’s influence in an organization that has public funds at its disposal, or convincing or asserting another person in the belief that such influence exists, while proffering (passive influence peddling) one’s mediation services in a specific case, or seeking (active influence peddling) such mediation services, with a view to obtaining employments, contracts or financial support, or any other material or personal profits, or a promise thereof.
3. Principles of the Anti-corruption Policy
3.1. Transparency of the Corporate Governance
We act with fairness, honesty and honor. We endeavor to be modern, dynamic and friendly while ensuring the openness and transparency of our activities. With this attitude, we are perceived by our shareholders and customers as an innovative, responsible and trustworthy Company. We comply with the applicable law. Suntech S.A. adopts a zero-tolerance policy towards corruption and influence peddling in all aspects of its activity.
In accordance with the adopted Policy, actions listed below are always forbidden, whatever their form may be, and whether they are direct or indirect, both within Suntech S.A. and in relationships with its stakeholders:
- bribery,
- extortion or solicitation,
- influence peddling,
- legalization of revenue from bribery.
Any person who reports a suspected violations or refuses to participate in an act of corruption or influence peddling, will not face any adverse consequences of his/her decision.
3.2. Compliance with applicable laws and international conventions
In most countries, actual or attempted bribery is considered to be a crime which carries important penal sanctions in the form of pecuniary penalties or imprisonment, imposed both on companies and employees.
Some of these regulations are international acts of global reach aimed at the fight against bribery and corruption (e.g. the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the United Nations Convention against Corruption).
As a global company headquartered in Poland whose shares are listed in Warsaw Stock Exchange, Suntech S.A. is subject to applicable Polish anti-corruption laws, including the legislation addressing transparency, anti-corruption and economic modernization as well as to applicable local law in the jurisdictions in which it operates and/or has subsidiaries.
4. Corruption risk areas
Reasonable gifts and invitations (meals, events, and entertainment) may support the process of initiating, maintaining and developing important business relationships.
In such situations, Suntech S.A. does not want its employees to be exposed to accusations of maintaining business relationships by breaching applicable standards and regulations. Making or accepting gifts in a manner deemed inappropriate may expose our employees and our Company to accusations of beaching the anti-corruption legislation.
Thus, before you accept a gift or before you propose one, make sure your behavior complies with principles adopted by Suntech S.A..
Below, you may find some examples or actions we find unacceptable:
- delivering, promising to deliver, offering or soliciting a consideration in the form of payment, gift, travel, invitation or other benefit in order to obtain, or in return for obtaining, a specific business benefit,
- delivering, promising to deliver or offering a consideration in the form of payment, gift, travel, invitation (meals, events, entertainment) or other benefits to a state official or agent in order to improve or accelerate the course of routine procedures,
- payments promised by, or accepted from, third parties if you suspect or are sure that such parties expect specific business benefits in return,
- gifts, travels, invitations (meals, events, entertainment) or other benefits promised by, or accepted from, third parties.
We neither pay nor accept any bribes (pecuniary considerations). Usually, such considerations are amounts of money that are supposed to guarantee or accelerate the routine tasks of officials. Whenever facing a situation where your only choice is to pay a bribe because your life, health or freedom is threatened, do whatever is necessary in self-defense. Then, report such event as quickly as possible to your superior.
Third parties are required to adhere to our Policy and will be retained after appropriate due diligence is conducted.
5. Measures to prevent corruption and influence peddling
5.1. Raising awareness and training
Suntech S.A. provides its managers, employees and associates relevant guidelines that enable them to identify and prevent corruption risks in relationships with their business partners (representatives, consulting companies, suppliers, distributors, subcontractors and contractors’ collaborators).
5.2. Getting advice and information
If unsure how to react when facing a risk of corruption or influence peddling, you should contact your superior.
Your responsibility, and the responsibility of your subordinates, is to prevent, detect and report cases of bribery and of other forms of corruption, as well as cases of influence peddling. All Suntech S.A. employees are required to avoid any actions that could result in infringing that principle.
If you suspect such infringement has taken place or may take place in the future, report it as soon as possible through the dedicated channel.
5.3. Whistleblowing mechanism
Suspected violations of Suntech S.A.’s Anti-corruption Policy or other legal regulations can be reported via the same channel that is used for notifying of any unethical actions:
Suntech S.A. employees, acting in good faith, may report their concerns or ask for advice if suspecting an infringement of the Suntech S.A. Anti-corruption Policy or of other regulations of the law. When doing so, they should not be afraid of any repressive measures, acts of discrimination or disciplinary proceedings. Reports are confidential and are examined with due diligence. The originator of any misuse of the whistleblowing mechanism may face disciplinary and/or legal proceedings.
The data that can be used to determine the identity of the reporting person may be disclosed only with the consent of that person, unless disclosed at the request of a legitimate body acting under the law, in particular a court of law or the public prosecutor.
The data that can be used to determine the identity of the reporting person may be disclosed only after the report has been recognized as legitimate, unless disclosed at the request of a legitimate body acting under the law, in particular a court of law or the public prosecutor.
5.4. Record keeping, transparency and auditing procedures
Suntech S.A. implements and maintains accounting and operational control procedures aimed at ensuring that the financial statements are not used to cover up corruption or influence peddling. All registers, invoices, memos and other documents related to transactions with third parties such as customers, suppliers and other business partners, must be prepared, maintained and controlled with the utmost level of accuracy and completeness.
If an employee finds him/herself in a situation where he/she must make a payment on behalf of the company, he/she must always be aware of the purpose of such payment and assess whether it is proportionate to the product(s) or service(s) provided. He/she must always ask for a receipt or an invoice specifying the reasons for such payment. If there are any doubts or queries in relation to a payment, he/she must refer to his/her manager, the Compliance Coordinator of his/her business area, and if required, to the Compliance Officer of Suntech S.A..
5.5. Document retention
Suntech S.A. has appropriate procedures in place in order to ensure that all documents are archived in a way that shows the implementation and efficiency of its approach to prevent corruption and influence peddling.
5.6. Staff responsibility
Any non-compliance with provisions set forth in the Anti-corruption Policy constitutes a breach of employee’s obligations and may result in taking relevant disciplinary measures, as defined in the Working Regulations, and in criminal liability, as imposed by the generally applicable legislation.
5.7. Management of the Anti-corruption Policy
The Management Board of Suntech S.A. is responsible for ensuring that the Anti-corruption Policy complies with the legal system, good practices and business ethics standards, and that everyone under its control complies with the Policy provisions.
Warszawa, 12 stycznia 2018
