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Article 1: Extortion and coercion
No one may, directly or indirectly, demand or accept a bribe.
Article 2: Bribery and "Kickbacks"
- No enterprise may, directly or indirectly, offer or give a bribe and any demands for such a bribe must be rejected.
- Enterprises should not
- kick back any portion of a contract payment to employees of the other contracting party, or
- utilize other techniques, such as subcontracts, purchase orders or consulting agreements, to channel payments to government officials, to employees of the other contracting party, their relatives or business associates.
Article 3: Agents
Enterprises should take measures reasonably within their power to ensure:
- that any payment made to any agent represents no more than an appropriate remuneration for legitimate services rendered by such agent;
- that no part of any such payment is passed on by the agent as a bribe or otherwise in contravention of these Rules of Conduct; and
- that they maintain a record of the names and terms of employment of all agents who are retained by them in connection with transactions with public bodies or State enterprises. This record should be available for inspection by auditors and, upon specific request, by appropriate, duly authorized governmental authorities under conditions of confidentiality.
Article 4: Financial Recording and Auditing
- All financial transactions must be properly and fairly recorded in appropriate books of account available for inspection by boards of directors, if applicable, or a corresponding body, as well as auditors.
- There must be no "off the books" or secret accounts, nor may any documents be issued which do not properly and fairly record the transactions to which they relate.
- Enterprises should take all necessary measures to establish independent systems of auditing in order to bring to light any transactions which contravene the present Rules of Conduct. Appropriate corrective action must then be taken.
Article 5: Responsibilities of Enterprises
The board of directors or other body with ultimate responsibility for the enterprise should:
- take reasonable steps, including the establishment and maintenance of proper systems of control aimed at preventing any payments being made by or on behalf of the enterprise which contravene these Rules of Conduct;
- periodically review compliance with these Rules of Conduct and establish procedures for obtaining appropriate reports for the purposes of such review; and
- take appropriate action against any director or employee contravening these Rules of Conduct.
Article 6: Political Contributions
Contributions to political parties or committees or to individual politicians may only be made in accordance with the applicable law, and all requirements for public disclosure of such contributions shall be fully complied with. All such contributions must be reported to senior corporate management.
Article 7: Company Codes
These Rules of Conduct being of a general nature, enterprises should, where appropriate, draw up their own codes consistent with the ICC Rules and apply them to the particular circumstances in which their business is carried out. Such codes may usefully include examples and should enjoin employees or agents who find themselves subjected to any form of extortion or bribery
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