ANTI-BRIBERY POLICY OF TOSHIBA INDIA PRIVATE LIMITED
Introduction
Toshiba India Private Limited ("Company”) has formulated an internal policy to meet International standards to combat bribery, bribe solicitation, and corruption (“Policy”). This Policy has been formulated based on the Toshiba Group Standards of Conduct, in order to avoid any act of bribery against public officials and any persons in the private sector and to ensure that ethical, transparent and consistent business practices related to the interaction with public officials and persons in the private sector are observed, consistent with the laws and regulations in the relevant jurisdictions.
1. General Policy on Prohibition of Bribery
This Policy is applicable to all officers and employees (including temporary or short-term contract workers) of the Company (hereinafter called as “Employees” or “Employee”). All concerned parties must ensure that they:
- DO NOT give or offer any bribe to Public Officials or to any persons within the private sector.
- DO NOT provide any cash to Public Officials.
- DO NOT make facilitation payments to Public Officials.
- DO NOT provide gifts/entertainment or pay business travel expenses to Public Officials to any persons within the private sector without obtaining the necessary pre-confirmation required herein.
All gifts and entertainment given, offered or received and the payment of business travel expenses to Public Officials or to any persons within the private sector must comply with all applicable laws and regulations.
This Policy shall be complied with the affiliate company, agent, distributor, sales promoter, consultant or subcontractor (for example a trading firm, business development firm, custom agents, transporters, compliance management consultant, permit agency etc., referred as “Associate Persons”) who are engaged by the Company for its business development, dealings/liaison with Public Officials for business development, compliance or any other matters.
2. Public Official
In this Policy, “Public Official” shall mean:
(i) Any person holding a legislative, executive, administrative or judicial office of a country, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority;
(ii) Any other person who performs a public function, including for a public agency or public enterprise (which includes state owned enterprise), or provides a public service, as defined in the domestic law of each country and as applied in the pertinent area of law of that country;
(iii) Any other person defined as “official”, “public officer”, “mayor”, “minister” or “judge (including prosecutors and holders of judicial offices)” in the national law of the country in which the person in question performs that function and as applied in its criminal law;
(iv) Any international civil servant working for an international public organization or any person who is authorized by such an organization to act on behalf of that organization.
3. What is bribery?
A bribe is the promise, offer or provision of a benefit in order to obtain, or as a reward for receiving, an improper advantage. These benefits can range to include gifts, entertainment, loaning of property, relationships, provision of a professional service etc., in fact any form of interest that satisfies needs or desires. Whether the bribe was provided before or after the opposite party conducted the act in question is irrelevant.
Bribery is constituted at the point an offer of a bribe is made; it is an act of encouraging the opposite party to receive a bribe. Therefore, even if the favourable treatment sought or anticipated from the recipient of an offer or benefit is not obtained, it is still a bribe. Under our Policy, “Public Official” includes both domestic and foreign officials.
4. Act through Third Party/ Use of Personal Funds
It is prohibited to let the Associate Persons carry out any of the acts prohibited or restricted in this Policy by instructions, requests or calls made by Employees. It is also prohibited to conduct acts prohibited in this Policy in relation to the Company’s business affairs even if they are done by appropriation of personal funds. The source of funds used for the acts prohibited or restricted in this Policy does not alter the fact that they may be cases of improper business practices.
If an Employee of the Company requests/instructs/directs the Associate Person to carry out any act in contravention of this Policy, the Associate Person shall immediately report to the contact address provided in Point No. 7.
5. General Guidelines for Interactions with Public Officials
In general, it is not advisable to give gifts to or to provide any entertainment to a Public Official, as they are usually discouraged from accepting gifts/entertainments from those who have had or may have official dealings with them. However, when giving gifts to or entertaining Public Officials, Employees and Associate Persons of the Company must consider carefully and take cautious action and refrain from any actions that may possibly raise suspicion of being acts of bribery from third parties, or in contravention of the anti-corruption regulations.
6. Consequences of Non-Compliance
If at any time the Company suspects that (or any of its employees, agents or Associate Persons acting for or on behalf of the Company) has committed or is likely to commit any breach of the anti-corruption obligation under the Policy or applicable Laws, the Company may immediately terminate the agreement with Associate Person or on such date as it may specify, or suspend the agreement for such period as it may specify, in any case, by giving written notice to Associated Person. Any suspension can be extended by the Company for successive period(s) as it decides. Any termination can occur during or following any period(s) of suspension. In addition, Associated Person shall be liable for any direct or indirect loss, damages, compensation, penalty or any other liability incurred by Company due to the non-compliance or breach of anti-corruption obligations by the Associated Person.
7. Information Reporting
Associate Person who becomes aware of an actual or suspected violation of this Policy is requested to report the issue to compliance@toshiba-india.com
