A senior official of a public telecommunications Group is responsible for awarding a public tender for fiber optic cables. The third party sales agent engaged by ENVEA in connection with the tender has suggested that an official will receive a commission from the winning bidder. What should you do?
In the first instance you should speak to your supervisor and/or the Designated Officer. Providing this type of benefit to the public official would be in breach of the Policy and, potentially, French law, the FCPA, and the UK Bribery Act. The potential penalty for doing this is an unlimited fine or imprisonment.
A supplier gives you a bottle of wine as a gift. When you open it, you realise that it is a bottle of very expensive wine. What should you do?
As this gift is more than nominal you should thank the giver but explain that you are not permitted to accept it. If you have accepted the gift before realising its value, then you should either return the wine or, if that is impossible to do in an appropriate manner, gift it to the Group in order that it can give it to charity. In all cases you must inform your supervisor.
A subcontractor who purchases equipment for a telecom network provider’s project from ENVEA tells you that it has been hosting expensive meals and giving gifts to the network’s representatives to try to get ENVEA selected as the preferred supplier of equipment for the network. Is this permitted?
This is not, on the face of it, prohibited. However, the giving of expensive meals and gifts are red flags that the third-party agent may not be acting in compliance with the Policy. In this case further diligence is warranted. Your role is to immediately inform the Designated Officer about your concerns who will instruct you as to what further steps should be taken.
You are involved in applying for a supply contract with the U.S. Government. The public official running the tendering process indicates to you that he has seen a competitor’s bid and that he would like to go to an upcoming Rugby World Cup game in Paris. Can you take him to the match? What should you do?
Given this individual’s role in a current tendering process, this kind of entertainment would not be permissible under the policy and may breach applicable anti-corruption laws. You should refuse the request and inform your supervisor or the Designated Officer.