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Anti-Bribery Policy

Corporate_responsibility

It is TOMRA's policy to comply with all applicable anti-bribery laws, including the Norwegian Anti-Corruption Act (Korrupsjonslovgivningen), U.S. Foreign Corrupt Practices Act and all applicable local laws where TOMRA and its subsidiaries operate, and to accurately reflect all transactions in TOMRA's books and records. It is also TOMRA's policy to encourage those agents, consultants and business partners who work on TOMRA's behalf to comply with these same laws and practices.

Bribery is defined as:
The offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal or a breach of trust. (Source: Transparency International 2009)

What it means
TOMRA requires that:

  • Our employees do not engage in acts or omissions that offer, authorize or give a bribe to a public official or business associate, or create the impression that a bribe has been offered, authorized or given, even if this may lead to the loss of business;
  • Our employees take affirmative steps to prevent those doing business directly or indirectly on TOMRA’s behalf from engaging in bribery;
  • Our employees adhere to TOMRA’s Code of Conduct at all times;
  • Our employees scrutinize activities of certain acquisition targets and joint venture partners to identify and address potential bribery issues;
  • Our employees promptly report to TOMRA any suspected violations by TOMRA employees or others doing business before a public official or business associate on TOMRA’s behalf; and
  • Our internal audit team audit TOMRA’s businesses as appropriate for potential bribery activities and risks.
    (See section 2 of TOMRA’s Code of Conduct for details of how to report any concerns)

Key Areas
In addition to those obligations set forth above and in line with existing legislation, TOMRA requires specific due diligence, internal approvals, and maintaining of records in the following areas:

  1. TOMRA sponsorship of any travel-related benefits for any public official
  2. Gifts to, entertainment for, or charitable contributions on behalf of any public official
  3. Political contributions to any government official, political party, candidate or political organization
  4. Use of consultants and sales agents who may interact with public officials on TOMRA’s behalf

What to Avoid

  • The direct or indirect provision of cash or anything of value to a public official or business associate to obtain an unfair business advantage or to obtain or retain business. This includes facilitation payments, although such payments may be permitted when there is a threat to an individual’s life or health. Any such payments must be reported to the Compliance Officer.
  • Authorizing or providing travel benefits, entertainment, or political contributions for the benefit of a public official or business associate without the required due diligence assessment and internal TOMRA approvals.
  • Entering into a consultant or sales agent agreement that will result in contacts with public officials without conducting due diligence, obtaining the required internal approvals, and maintaining the necessary records.
  • Making any incomplete, false or inaccurate entries in TOMRA's books and records.

Key Areas – Additional Requirements
As stated in the anti-bribery policy, TOMRA requires specific due diligence, internal approvals, and maintaining of records in the following areas due to their associated risk and sensitivity. Details of the requirements are shown below:

  1. TOMRA sponsorship of any travel-related benefits for any public official
    a. Shall be approved in advance by a member of Group Management
    b. Written records shall be retained for 10 years
    c. Contribution shall be clearly recorded in TOMRA’s financial records
    d. Contributions shall not be made directly to the Public Official
  2. Gifts to, entertainment for, or charitable contributions on behalf of any public official
    a. Shall be approved by a member of Group Management
    b. Written records shall be retained for 10 years
    c. Contribution shall be clearly recorded in TOMRA’s financial records
    d. Contributions shall not be made directly to the public official
  3. Political contributions to any government official, political party, candidate or political organization
    a. Shall be approved in advance by a member of Group Management
    b. Contributions shall be clearly recorded in TOMRA’s financial records
    c. Written records shall be retained for 10 years
    d. Summary of contributions shall be reviewed by the CR committee annually on behalf of the Board of Directors
  4. Use of consultants and sales agents who may interact with public officials on TOMRA’s behalf
    a. Assess consultants and sales agents to establish if there are any “red flags”
    b. Ensure they are aware of TOMRA’s anti-bribery policy
    c. Record the due diligence review in writing

Last Board review: February 2014


Definitions

Public Official
These include people who hold a legislative, administrative or judicial office (either appointed or elected); any person exercising a public function, including for a public agency or a public enterprises (e.g. a state owned enterprise); any official or agent of a public international organisation. (Source: OECD)

Corruption
The misuse of power by someone to whom it has been entrusted, where bribery is the most common form.

Acceptable Gifts
TOMRA employees can receive small items of limited value on an occasional basis. Gifts to others shall be modest and comply with local practices and laws.

Business Entertainment
Reasonable, hosted entertainment which is in the legitimate interests of the business is acceptable. An event which is not hosted is defined as a gift.

Travel-related Benefits
Where appropriate, travel expenses for customers and others may be paid, provided they are reasonable, agreed in advance and properly documented.

Red flags
Items that may indicate the need for further investigation include:

  • Large or numerous cash payments
  • Use of third parties in transactions
  • Reimbursement methods – agency/vendor vs official
  • Excessive commissions or success fees
  • Large charitable contributions in foreign countries
  • Insufficient supporting documentation for payments to consultants
  • Claims for large “facilitation” payments

Facilitation Payments
Small amounts demanded by providers of services to secure a service to which you are entitled. Generally illegal.

Sources of Information

Transparency International; www.transparency.org

Confederation of Norwegian Enterprise (Næringslivets Hovedorganisjon); www.nho.no/etikk/