Preventing and eliminating bribery and corruption
|The Code applies to me.|
|Bribery is defined as offering, promising, giving, receiving or soliciting anything of value in order to influence how
someone carries out a public, commercial, social or legal duty.
The breaching of anti-bribery and anti-corruption laws is a serious offence and a violation of this Code. Companies and individuals breaching these laws may be punished by fines, and individuals could face imprisonment. Most countries, including those in which we operate, have laws prohibiting bribery and corruption. These often include actions carried out beyond the country’s borders – including bribes paid to someone in another country.
All employees, officials and directors must comply with these laws as even the perception of a breach of anti-bribery and anti-corruption laws can damage Gold Fields’ reputation. All attempted bribes must be recorded in the Bribery Attempts Register.
Gold Fields does not engage in bribery, extortion and corruption in any form, whether in the private or public sector.
You are not permitted to solicit, offer, promise, authorise or accept a bribe, kickback or any other improper payment – including facilitation payments.
Gold Fields complies with all laws and regulations that prohibit bribery and corruption, and we expect and do everything possible to ensure our suppliers, contractors and joint venture partners do the same.
All third parties who represent or act on behalf of Gold Fields are expected to comply with applicable bribery and corruption laws and where appropriate they should show they have appropriate policies and procedures or contractual terms in place. For additional guidance in this regard, consult the Gold Fields Group ABC Policy.
Facilitation payments (or grease payments) to government officials or any intermediary on behalf of Gold Fields, are strictly prohibited by Gold Fields under any circumstances and irrespective of how small the amounts are. Facilitation payments involve the payment of small sums to government officials to obtain routine services to which Gold Fields would otherwise be legally entitled, e.g. issuing of licenses or releasing goods held in customs. Making facilitation payments may amount to a criminal offence. If you are in any doubt regarding the nature of a payment, seek advice from your VP: Head of Legal, VP: Group Compliance and/or EVP: Group General Counsel. Any request by a third party for a facilitation payment must immediately be reported to your Manager or VP: Head of Legal and recorded in the Bribery Attempts Register.
In extreme and exceptional cases certain payments are required to ensure, as far as possible, the safety of employees and third parties. Gold Fields views such payments as a form of extortion, but they may nevertheless be paid without violating this policy should circumstances dictate that such payment was necessary and unavoidable. Affected employees should, if time permits, consult either (1) their Manager, (2) VP: Head of Legal or VP: Group Compliance or (3) the EVP: Group General Counsel and ultimately, the CFO and VP: Head of Finance in the Region as soon as possible after any payment is made, but by no later than 24 hours after the payment. This exception is only allowed to be used in isolated and serious conditions and abuse of this exception will not be tolerated. This should also be reported in the Bribery Attempts Register.
ANTI-BRIBERY AND ANTI-CORRUPTION (ABC) LAWS
- prohibit the offering or providing of payments, services, gifts, entertainment or ‘anything of value’ to government officials and private individuals to improperly influence them, to obtain or retain business, or to gain a business advantage;
- forbid the making of improper payments through third parties; and
- require companies to keep accurate books and records – and maintain adequate internal controls thereby ensuring payments are honestly described and company funds are not used for unlawful purposes.
- If Gold Fields fails to prevent bribery by someone acting on its behalf, it may mean that Gold Fields has committed an offence.
- Anything of Value’ includes any type of benefit to the recipient. It includes, but is not limited to, cash, loans, gifts, jobs, tuition, scholarships, entertainment, travel and contributions irrespective of the monetary value. It also covers intangible benefits – e.g. hiring someone’s relative or donating to their favourite charity with an improper intent. See the Gold Fields Group ABC Policy for more information.
- ‘Acting on Gold Fields behalf’ includes employees, contractors, agents, joint ventures, suppliers or subsidiaries.
- ‘Government officials’ includes any minister, elected or appointed official, director, officer or employee of any government (whether at a national, state/provincial or local level) or any department, agency or instrument of it, and/or any enterprise in which a government owns an interest, and or any official administrative, legislative or judicial capacity for or on behalf of any such government or department, agency, instrument of it, company, or public international organisation. Also includes political parties and candidates for public office. Members of customs offices, traditional leaders and other figures with influence within the community, or who hold public office positions or associations that perform governmental or quasi governmental functions, or individuals who are members of military and police organisations are all considered government officials.
Report your concerns to the VP: Head of Legal and/or EVP: Group General Counsel at once. No such payment should be made until the Company has investigated your concerns.
No, you should never give anything of value to a government official without the approval from the Regional Head of Legal or EVP: Group General counsel. Legal Counsel would advise you that the giving of anything of value to the regulator’s employee under these circumstances could be perceived as a bribe intended to influence the respective employee’s state of mind ahead of the audit.
|If you are unsure whether a person is a government official, contact the EVP: Group General Counsel.|