1. RESPONSIBILITIES AND CONSEQUENCES OF NON-COMPLIANCE:
All Engimark Personnel and Third-Party Representatives are expected to be aware of, and comply with this Policy and immediately report, actual or suspected violations to Engimark’s management in accordance with Section 3 below.
Managers are expected to oversee their direct reports’ understanding and compliance with this Policy and Anti-Bribery and Anti-Corruption Laws.
Violations of this Policy by any Engimark Personnel may result in disciplinary action up to termination of employment as well as the potential for prosecution, fines or imprisonment in accordance with applicable laws. Any Third-Party Representatives who violate this Policy may face termination of contracts and business relations with Engimark.
2. GENERAL GUIDELINES FOR ENGIMARK’S BUSINESS ACTIVITIES AND INTERACTIONS
2.1 Prohibited Payments
Engimark Personnel and Third-Party Representatives are prohibited from giving, offering, promising or receiving Anything of Value, directly or indirectly, with the intent to obtain an improper business advantage for Engimark. In some cases, even payments not intended to be improper can appear to be so and expose the individual and company to potential liability. As a result, Engimark Personnel and Third-Party Representatives must transparently consult with their Legal and Business Conduct colleagues as required by this Policy.
Below is a non-exhaustive list of activities and interactions where particular care needs to be taken to comply with this Policy.
2.1.1 Consulting Arrangements
Consulting arrangements with third parties present a heightened risk if a third party is business advantage. Accordingly, consulting arrangements, including arrangements with Public Officials (e.g., speaker engagements, advisory engagements), may only be entered into if there is a bona fide and legitimate business need for the services, compensation does not exceed fair market value, the arrangement is permitted by applicable laws and the arrangement complies with this Policy.
2.1.2 Gifts, Hospitality and Entertainment
Gifts, hospitality and entertainment may only be provided if they are of a reasonable value, made for a legitimate business purpose, are not prohibited by applicable laws and comply with this Policy. Some countries may prohibit or strictly limit the value of gifts, hospitality or entertainment that may be provided to Public Officials, HCPs and/or patient organizations. No gifts, hospitality or entertainment may be provided with the intent to obtain an improper business advantage for Engimark. Reasonable hospitality is only permitted if incidental to a legitimate business meeting.
2.1.3 Providing Funding or Other Support to Third Parties (including Sponsorships, Grants and Donations)
Providing funding or other support to third parties, such as through sponsorships, grants and donations, may create a heightened risk if such support is provided – or may reasonably be perceived to be provided – in exchange for an improper business advantage. Accordingly, funding
or support to third parties may only be provided if permitted by applicable laws, are of a reasonable value, made in direct support of a legitimate business purpose, such as supporting medical education or improving patient welfare, and follows this Policy. Some country laws prohibit or
strictly limit the nature or value of sponsorships that may be provided to Public Officials. Funding or support to third parties may not be provided with the intent to obtain an improper business advantage for Engimark.
2.1.4 Facilitation Payments
Engimark prohibits all Engimark Personnel from offering or authorizing the offer of “facilitation payments,” which are small, unofficial payments (sometimes referred to as “tips” or “grease payments”) to Public Officials to expedite the performance of routine government actions. All requests for facilitation payments (either direct or indirect) must be reported to Engimark’s management.
2.2 Retention and Oversight of Third-Party Representatives
Engimark may face liabilities relating to violations of Anti-Bribery and Anti-Corruption Laws by its Third-Party Representatives, even in situations in which Engimark is unaware that illegal payments have been made.
Engimark engages Third Party Representatives to provide services for or on behalf of the company in the normal course of business. Engimark Personnel who retain Third Party Representatives are responsible for appropriate oversight of the conduct of the Third-Party Representatives.Prior to engaging a Third-Party Representative, Engimark conducts reasonable due diligence regarding the proposed Third-Party Representative. The level of due diligence undertaken depends on the nature of services provided and other circumstances outlined in this Policy
3. REPORTING VIOLATIONS
If any Engimark Personnel or Third Party Representative is taking actions or may be considering taking actions that are suspicious and that you think may be a violation of this Policy, you must immediately report these actions (actual or potential) or suspicions to Engimark’s management or Engimark’s administration email admin@engimark.co.tz.