Bribery and corruption are illegal. We live our values of trust and authenticity by preventing bribery and corruption. We do this even if it carries a cost, or we lose an opportunity. No amount of profit is worth the sacrifice of our values.
Our Marketplace
Preventing Corruption and Bribery
We do not engage in any behaviour involving bribery or corruption.
Why It Matters.
How We Deliver.
- We never offer, promise, or give anything of value to anyone to gain an improper advantage.
- We don’t pay facilitation payments, even if the amounts are small, common or expected.
- We ensure that gifts, whether given or received, are always appropriate. We never give lavishly or to inappropriately influence the recipient.
- We never engage in entertainment or gift-giving that is illegal or improper, or that causes the recipient to violate their own policies.
- We understand the reason for a payment. We confirm it is legitimate and approved according to the Global Authority Limits Policy.
- We keep accurate and complete records of all transactions.
- We know that engaging a third party can increase the risk of bribery and corruption. We are careful when hiring third parties to act on our behalf.
- We never use or permit a third party to do anything we may not do ourselves.
- We know that transactions with governments are covered by special legal rules. It is not the same as conducting business with private companies.
- We ask a member of the Legal & Compliance team for guidance, and report any concerns.
Key Terms.
Here are some important definitions to help you understand bribery and corruption.
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Bribe
Anything of value offered to improperly influence a business decision or obtain an improper benefit.
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Facilitation Payment
Anything of value offered to secure or speed up a transaction. This can include paying a government official for getting a permit expedited.
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Government Official
Includes anyone with the ability to act or make decisions in a governmental capacity. This can include any government officer, employee or representative. It includes any person acting in an official capacity for any level of a government, a supranational or international organization, or a state-owned or controlled enterprise. Also included are:
legislative, administrative or judicial officials; law enforcement; employees of public hospitals; candidates for public office; and officials of a political party or other publicly-funded institution. The same rules about bribery and corruption also apply to close family members of government officials. -
Nominal Value
The value of goods or services not likely to influence, or be perceived to influence, the recipient to provide an unfair business advantage. For the purpose of gifts and entertainment, McCain defines nominal value as CAD $100 or less. Regional or local leaders can set nominal value to a lower amount where appropriate.
Examples of gifts below nominal value include McCain-branded materials that are provided to customers, such as pens, coffee mugs, water bottles and notebooks.
Good Ethics.
The risks of bribery and corruption can be higher when we use third parties. This includes agents and any parties who sell products or act on our behalf. We conduct due diligence before engaging them. This ensures they adhere to the same high standards of ethics that we do.
Good Business.
A: It was right not to engage. However, you also need to tell your manager or a member of the Legal & Compliance team. If the vendor is making offers in an attempt to win your favour, he may also conduct business in other unethical ways. It’s especially risky since a general contractor is often responsible for hiring others for McCain! We should know not to engage with this vendor going forward.
A: We understand that situations do arise where it is culturally inappropriate to refuse a gift. Notify your manager or a member of the Legal & Compliance team for direction. You can also consult the Global Procurement Policy for guidance on what to do.
A: Notify a member of the Legal & Compliance team. This is clearly an inappropriate offer to provide an improper benefit in exchange for this action, and must be refused.
A: Yes, there are several problems with this situation. First, since the vendor did not attend the event, it makes the tickets a gift (as opposed to a business courtesy to facilitate a business discussion). Second, the value of the seats is most likely above the limit that we are allowed to receive. In any event, the gift appears lavish. Therefore, the manager should have declared the gift and refused it if possible. All employees must follow our Code of Conduct, regardless of their role, level, seniority or work ethic.
Food for Thought
“No amount of profit is worth the sacrifice of our values.”