global business standards training for fujitsu channel

INTERNAL USE ONLYINTERNAL USE ONLY Copyright 2017 FUJITSU LIMITED

Global Business Standards Training for Fujitsu Channel Partners

v 1.0

0

INTERNAL USE ONLYINTERNAL USE ONLY 1 Copyright 2017 FUJITSU LIMITED

Fujitsu is committed to ethical business practices worldwide

We expect our channel partners (including their employees, agents, and subcontractors – collectively “channel partners”) to conduct business in accordance with the “Fujitsu Way,” including, but not limited to Fujitsu’s Global Business Standards, and any applicable criminal, anti-corruption, antitrust, anti-money laundering and export control laws.

Fujitsu will only do business with ethical and law-abiding channel partners

This training is developed to ensure that our channel partners do business in accordance with Fujitsu’s standards

You should be aware that, despite your location, the antitrust, anti-corruption, anti-money laundering and export control laws of other countries might be applicable to you.

NOTE: This training is a complement to and does not replace the provisions and terms and conditions of the applicable partner agreement

Fujitsu’s Commitment to Compliance


General Provisions Interaction with government officials or competitors

If you are a channel partner who interacts with a government official or a competitor, you must exercise caution to avoid even the appearance of impropriety; in every instance you must apply the highest standards and comply with applicable laws and regulations.

Gifts, travel, entertainment, and hospitality Any gift, travel, entertainment, and hospitality provided or received by channel partners in connection with their work for Fujitsu must be consistent with the provisions of the Fujitsu Way and the Global Business Standards.

Facilitation payments Small, routine payments to facilitate or expedite a routine government action are strictly prohibited, and any requests for such payments must be reported immediately to Fujitsu’s Legal and/or Compliance Department.


General Provisions cont’d Accurate books and records

Channel partners must record payments and other compensation accurately in their corporate book and records, and all invoices and other documentation provided to Fujitsu must be accurate and provide sufficient detail. Fujitsu may request information or conduct an audit at any time to ensure compliance by a channel partner.

Internal controls Channel partners must develop and maintain a system of internal controls to prevent the payment of bribes and provide reasonable assurance that financial statements and reporting, and all documentation provided to Fujitsu, are accurate

Reporting Concerns Channel partners must promptly report any concerns or any possible violation of any anti-corruption, antitrust, anti- money laundering and export control laws in connection with their work for Fujitsu to Fujitsu’s Compliance Depart- ment and/or via Fujitsu Alert.


Fujitsu’s Due Diligence Process for Channel Partners

All channel partners must undergo Fujitsu’s compliance due diligence process and procedures

Partners must comply with these procedures and requests for information prior to commencing business with Fujitsu

Fujitsu expects its Channel Partners to fully cooperate with the due diligence procedures

A refusal to participate or cooperate with that process will lead to termination of the relationship


Bribery Basics Bribery is:

• a corrupt payment (including request for, agreeing to receive or accept, and offer, promise, or authorization to pay, either directly or indirectly) of

• anything of value

• in order to influence an official act or decision, induce the violation of a lawful duty, or to secure an improper business advantage

Bribery can occur in the public or private

Fujitsu prohibits both public and private sector bribery


Bribery Basics cont’d

Offering, promising, authorizing, giving, requesting, accepting or agreeing to receive a corrupt payment is strictly prohibited • A bribe need not be accepted in order to be illegal

• Even if the payment is eventually not made or if the payment is refused, the offer of a bribe is illegal

• Using personal funds to make payments is still a bribe

“Anything of value” • Can include: cash, gifts, entertainment, travel, charitable donations,

or job opportunities

• No de minimis exception

• Need not directly benefit the recipient


Bribery Basics cont’d

Recipient of a bribe • Can be government officials, or instrumentalities or agents of a foreign

government

• Recipient can also be in the private sector – a customer, vendor, supplier, or any person, as well as the spouse or family member of that person

Directly or Indirectly • Making an improper payment indirectly through an intermediary or other

third party can lead to liability

• Channel partners are also responsible for the actions of their employees, agents, and subcontractors

“Corruptly” — i.e. to obtain a benefit • Any attempt to improperly influence or affect the decision-making of

any individual is strictly prohibited


Fujitsu is committed to observing the applicable antitrust or competition laws and expects its partners to comply with these laws at all times.

You must not agree with any competitor to fix or control prices or price-related terms; structure or orchestrate bids to direct a contract to a certain competitor or reseller (bid rigging); boycott suppliers or customers; divide or allocate markets or customers; limit the production or sale of products or product lines; or exchange competitive information.

You must not engage in discussions of such matters with Fujitsu, with other Fujitsu partners or representatives of other companies.

You must also refrain from discussions with competitors about (1) prices, (2) costs, (3) profits or profit margins, (4) production volumes, or (5) bids or quotes for a specific customer’s business.

Antitrust and Competition Basics


Certain sales tactics or other arrangements with customers or suppliers may also raise antitrust and competition law risks if they unfairly restrain or prevent competition (a) by your competitors or (b) among your customers.

• Examples of sales arrangements that have been found to violate the antitrust laws include pricing below cost, exclusive dealing contracts, bundled or tie-in sales, agreements with customers about resale prices, and charging different prices to competing customers.

You must not enter into any such agreements or arrangements in connection with your work for Fujitsu without having them reviewed and approved by Fujitsu’s Legal and/or Compliance department.

Unfair methods of competition and deceptive practices are also prohibited.

• Examples of these include making false or misleading statements about your or Fujitsu’s products or services, falsely disparaging an Fujitsu competitor or its products or services, making product or service claims without facts to substantiate them, or using Fujitsu’s or another company’s trademarks in a way that confuses the customer as to the source of the product or service.

Antitrust and Competition Basics cont’d


Fujitsu requires that you comply fully with all local, U.S., EU and applicable foreign and multilateral export laws.

• Violation of these laws may result in fines and imprisonment

For example, United States Export Control Laws govern all exports, re-export, and use of U.S.-origin commodities and technical data, wherever located.

Channel partners must:

• Understand product/service classification controlled by technical specification

• Screen the transaction for “Use” and “End-User”

• Consider local export control laws, the laws of the destination, as well as the laws of Japan, the US and other jurisdictions that may be relevant, depending on transaction

Export Control Basics


You are responsible for understanding how the Export Control Laws apply and for conforming to these laws to ensure no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws.

Key risks that must be managed include:

• Embargoes and Trade Sanctions

• The Denied Parties List

• Trade Boycott Requests

• Nuclear, Missile Technology, and Chemical/Biological Weapons Proliferation

• Diversions Risks (Illegal Re-exports)

• Re-exports after Delivery

You may be in violation of security export control regulations if you knew or had “a reason to know” of a violation.

Export Control Basics cont’d


A government official recommends that you hire a specific intermediary in connection with a deal or a government approval.

A government official or commercial customer is requesting gifts, entertainment, or other favors in connection with securing a deal or government approval.

There is a discussion with the customer/a third party/a public official regarding the need for an urgent payment in order for an approval to be obtained or a deal to go through.

A colleague/a Fujitsu employee/third party claims to know in advance the outcome of a competitive bidding process, offers sensitive information or to agree on the allocation of customers.

A customer or government official requests a donation to a charity affiliated with that customer or government official.

A government official requests a small expediting fee be paid directly to that official in order to secure a visa, customs clearance, license or other regulatory approval.

A customer orders items which are incompatible with the technical level of the country to which they are to be shipped or deliveries are requested to out of the way destinations.

Works/services are paid through intermediaries for no apparent business reason or you are unsure about the sources of a company’s financial resources.

Examples of Red Flags


You must not make any payment or provide anything of value if you are concerned about potential corruption risks.

You must not participate in any interactions with competitors where anticompetitive behavior is considered, discussed, or implemented.

You must not complete any transactions that may result in the violation of any export control laws.

Use Fujitsu Alert or contact Fujitsu’s Compliance Department directly if any improper requests are being made or if you learn of any improper activity in connection with Fujitsu’s business.

What to Do if You Spot a Red Flag


Contacts

Fujitsu Alert www.mycompliance-reporting.com/

Compliance Mailbox [email protected]

http://www.mycompliance-reporting.com/



mailto:[email protected]





global business standards training for fujitsu channel

Documents