INTRODUCTION
Our Anti-Corruption policy has the primary objective of affirming that IPNET Growth Partner, as well as the enterprises linked to its brand, does not endorse, promote or engage in acts of corruption. Having the commitment to conduct all its businesses with integrity, ethics, transparency, regularity and in accordance with the current legislation of each of the countries where it provides services directly or indirectly, being guided nationally by Law number 12.846 / 13 (Anti-corruption Act). The content of this policy must be known and observed by all Partners, Administrators, Employees of the Company and third parties, where its breach may be subject to the application of legal and disciplinary measures. In case of doubts about the correct application of the guidelines contained in this policy or its scope, the partners, managers and employees should consult their immediate manager and / or the Integrity Management.
2. TARGET AUDIENCES
This policy applies to the Board of Directors, employees, third parties and any natural or legal person, for profit or not, with whom IPNET, directly or indirectly, maintains a commercial or institutional relationship. It also applies to IPNET’s international operations and to any commercial activity managed or carried out on its behalf by third-party intermediaries.
3. OBJECTIVES
The purpose of this Policy is to describe, although not exhaustively, the prohibitions against bribery and corruption in all types of IPNET trade and / or operation, in addition to highlighting the specific compliance requirements related to these prohibitions, reinforcing the commitment IPNET to the highest standards of honesty and integrity. Legal violations and bribery end up exposing IPNET, the Employees and / or Third Intermediaries involved (regardless of their nationality or place of residence) to criminal, civil and / or administrative responsibilities and related fines and / or penalties.
4. DEFINITIONS
CORRUPTION: It is the deviation of conduct, at any level or instance, by natural or legal persons, whose objective is to obtain an undue advantage for themselves, for others or for a group of people. It can also be understood as the act or effect of degenerating, seducing or being seduced by money, gifts, entertainment or any benefit or advantage that leads someone to retract, act or stop acting in accordance with the law, morals, values ethics and what is considered correct in the social environment. No form of corruption will be tolerated, neither with public entities or agents, nor with individuals.
PUBLIC AGENT: The definition of Public Agent follows the concept provided in Law No. 8,429 / 1992, that is, who exercises, even temporarily or without remuneration, by election, appointment, appointment, hiring or any other form of investiture or bond, mandate, any position, employment or function in any of the Powers of the Union, States, Federal District, Municipalities, Territory, company incorporated into public property or entity for whose creation or financing the treasury has competed or competes with more than fifty percent of the assets or annual income, as well as candidates for public office in all instances (federal, state or municipal and in the executive, legislative or judicial branches).
FOREIGN PUBLIC AGENT: For the purposes of this issue, we follow the concept provided in art. 337-D, of Decree Law No. 2,848 / 1940 (Criminal Code), or by the provisions of art. 5, of Law No. 12846/13, that is who, even temporarily or without remuneration, occupies a position, job or public function in agencies, state entities or diplomatic representations of a foreign country, as well as in public prosecutor’s offices controlled entities, directly or indirectly by the government of a foreign country or in international public organizations.
FOREIGN PUBLIC ADMINISTRATION: For the purposes of this procedure, the concept provided for in art. 5, of Law No. 12846/13, that are state bodies and entities or diplomatic representations of a foreign country, of any level or sphere of government, as well as legal entities directly or indirectly controlled by the government of a country Foreign. International public organizations are on a par with foreign public administration.
ANTI-CORRUPTION LEGISLATION: Defines all national or foreign legislation that mentions anti-corruption practices and their best practices including, but not limited to: Brazilian Law No. 12846/13, which establishes the administrative and civil liability of legal persons for the practice of acts against public administration, national or foreign; Brazilian Decree No. 8,420 / 145, which regulates Law 12,846 / 13, the FCPA (Foreign Corrupt Practices Act), North American legislation designed to combat acts of transnational corruption by certain persons or entities related to the United States; Chilean law 12.121, “La Ley”.
THINGS OF VALUE: It means money, gifts, travels, entertainment, job offers, meals, work, or inside information of any kind. It may also include, but is not limited to, event sponsorship, scholarships, research support, and charitable contributions, even if they are for the benefit of a legitimate charitable organization. It should be noted that gifts of an institutional nature or marketing actions may be accepted, as well as behaviors that are consistent with mere business nobility, provided they do not exceed the value of US $ 100.
FACILITATING PAYMENT: Payments of any amount, made to guarantee, expedite routine actions or induce Public Agents or Third Parties to perform routine functions that they must perform, such as issuing licenses, permits or various inspections. This does not include legally applicable administrative fees.
UNDUE ADVANTAGE: Covers almost all improper payments made in a commercial context, such as paying or giving something of value to a public authority, natural or legal person, directly or indirectly, for:
Influence or prevent a government action, or any other action, such as awarding a contract, imposing a tax or penalty, or canceling an existing contract or contractual obligation;
Obtain a license, permit or other authorization from a state entity or Public Authority to which the Company would not be entitled;
Obtain confidential information about business opportunities, tenders or competitor activities;
Recommend, alter, draft or suggest alterations to documents related to public tenders, requests for information, proposals or third-party quotes that compromise competitiveness or exclude participants, or reduce the best cost / benefit ratio for the company or company;
Influence the award of a contract;
Influence the termination of a contract that is not beneficial to the company, or secure any other undue advantage.
BRIBERY: It consists of the act of inducing someone, whether a Public Agent or a Third Party, to any action or omission for illegal, improper, dishonest or unethical purposes, for their own benefit or that of any other, offering them money, gifts, entertainment, benefits, advantages or anything of value. The Facilitating Payment is also considered a bribe.
5. PROCEDURES
The IPNETERS (collaborators, outsourced, temporary, service providers and IPNET agents) must not commit acts of corruption, bribery, obtain undue advantage, make facilitation payments or bribes, nor must they use intermediaries of any kind, such as: consultants, distributors, agents or other business partners for these purposes. IPNET does not distinguish between public and private officials with respect to the occurrence of acts of corruption and bribery: corruption and bribery are not tolerated, regardless of the position of the recipient.
However, we recognize that acts of this nature, which involve the public administration, generate negative impacts of a greater proportion and reach the whole of society. For this reason, we consider it necessary to adopt even more careful measures in the relationship with public agents and sectors, and this document will be updated in accordance with the measures or additional information that is necessary, and must be explicitly accepted by all members of the organization to authorize them. individually to carry out any activity on behalf of the company.
