Offering or Accepting Gifts & Hospitality

CODE PRINCIPLES

Giving or receiving reasonable gifts, meals or entertainment can sometimes be a part of maintaining and developing business relationships. Bribery and corruption risk can arise, however, when anything of value is provided to, or accepted from, a third party.

  • We only offer, provide or accept gifts, hospitality or anything else of value when there is a genuine business purpose, it is in the ordinary course of business and of a reasonable value.
  •  We prohibit bribery of anyone, including those who can provide an improper advantage, including government officials, persons working in the private sector, trade union leaders and company employees.
  • We also prohibit improperly influencing an individual indirectly by offering or providing anything of value to:
    • their spouses, partners or relatives;
    • their close friends, associates or business partners;
    • a company in which the individual has a direct or indirect ownership interest; and
    • an organization with which the individual is associated (e.g. a charity).
  • We do not solicit gifts, hospitality or anything else of value in exchange for a decision favoring the provider.
  • We do not accept gifts, hospitality or anything else of value if it could affect, or be seen to affect our business judgment.
  • We adequately identify any gift or hospitality that we provide, along with the identity of the recipient in our business expense claims and provide appropriate supporting documentation.

Our Code Principles in Action

In accordance with the Gifts & Hospitality Policy you must not:

  • provide or accept gifts of cash, cash equivalents or loans of any value;
  • offer or provide anything of value that the recipient is not permitted to accept under his or her employer’s policy or local law;
  • offer anything of value (other than working meals of a modest value) to a decision maker who is evaluating an application or proposal involving Albemarle (e.g. to a government official during a license or permit process or during a tender when the customer is a state-owned or controlled enterprise); or
  • solicit anything of value in exchange for a decision favoring the provider.

Exceptions to this prohibition may only be authorized by both the Chief Compliance Officer and General Counsel.

When offering or providing anything of value:

    • follow the Code (Traveling on Business) if it involves the provision of transportation or accommodation, and book any travel using the authorized travel office; and
    • Submit a detailed and accurate expense claim in accordance with this Code (Managing Your Business Expenses) clearly identifying the recipients, the recipient’s organization and title and provide all supporting receipts, related invoices and evidence of any required pre-approvals.
Are you offering something of value?

Are you offering anything above $150 in value to any third party?

Obtain pre-approval from Global Ethics & Compliance before offering or providing anything above $150 in value to anyone outside of Albemarle Corporation.  Pre-approval can be obtained by submitting a request in Concur in a timely manner, and at least a week in advance of the anticipated expense being incurred.

The structuring of the offer or provision of anything of value to avoid this pre-approval requirement is prohibited.

Are you intending to accept something of value?

Are you intending to accept entertainment over $150?

You must obtain email approval from the GBU president or Head of Function before accepting entertainment (e.g. sporting, musical, or other event) above $150 from any third party. 

Are you intending to accept something else over $150?

You must make an email disclosure to your supervisor before accepting anything else of value  (e.g.a gift, meal) above $150 from any third party.

Are You Thinking of Offering or Accepting Anything of Value?

The offer, provision or receipt of anything of value should be for a legitimate business purpose (for example, not to a government employee evaluating an Albemarle submission during a licensing, permitting or tendering process), in the ordinary course of business and of a reasonable, and not extravagant, value.

Before offering, providing or accepting anything of value, you should consider the following:
  •  Is there a legitimate business purpose?
  • Does it involve activity that overshadows the given business purpose?
  • How will the provision or receipt of it appear to others?
  • Is it openly incurred, with no effort to conceal?
  • Is it of a reasonable nature and value, taking into account local law, culture and practice?
  • Does the recipient have actual or potential influence over a recent, pending, or future decision affecting Albemarle?
  • Could it impose a sense of obligation on the recipient?
  • Has the recipient received other items of value from the same party in the last year?
  • Are you able to verify whether the recipient is authorized to receive it?
  • How will it be paid for? Company or personal funds?
  • Are you aware of any restrictions under local law or the recipient’s Code of Conduct?
  • Could it be perceived as potentially influencing the judgment of the recipient?

Contact Global Ethics & Compliance or the Legal Department if you are unsure as to whether offering or accepting something of value is appropriate.

DEFINED TERMS

Bribery

Bribery means offering, providing or receiving anything of value with the intent of improperly influencing any person to take an action to obtain an improper advantage. This includes, for example, improper influence over the:

  • the decision whether to accept an application, official form or any other type of paperwork;
  •  the grant or revocation of a permit, license, quota, visa or any other award which allows the recipient to undertake a specified activity;
  • the award of a commercial procurement or sales contract;
  • the decision to enforce, or not enforce, a particular law or regulation against a company or individual;
  • the decision to enforce, or not enforce, contractual terms such as performance guarantees;
  •  the decision to require, or not require, a payment to be made or how much is to be paid (e.g. taxes); and
  • the sponsoring or approval of a change in existing law.

Bribery also includes the making of facilitation payments.

Corruption

Dishonest or unethical conduct by someone in a position of influence or authority for his or her personal benefit.

Anything of Value

is broadly defined to include any type of benefit to the recipient, such as:

  • money (all currencies including bitcoin, and method of delivery such as cash, check, wire, electronic, mobile transfer);
  • cash equivalents such as gift, store, discount, mobile phone or stored value cards
  • Gifts;
  • meals, entertainment and other hospitality;
  • travel, including flights and accommodation;
  • offers of employment or an internship;
  • a contract for the procurement or sale of goods or services;
  • a contract for the procurement, sale or lease of property;
  • a charitable donation or contribution to a community project;
  •  a commercial sponsorship;
  • confidential information;
  • investment opportunity; and
  • any other form of personal favor.
Government Official

Defined broadly, and can include:

  • an officer, employee or anyone acting on behalf of any government body including a department or agency at any level (national, regional, or local). Examples include a government minister, regulator, judge, city mayor, police officer, soldier, customs official or chemistry professor at a public university;
  • an employee of public international organizations such as the United Nations and World Bank;
  • an employee of state-owned or controlled enterprises, such as refineries;
  • a political party, party official or candidate for political office; and
  • a person holding an appointment, position or office created by custom or convention, such as, an indigenous community leader or member of a royal family.
Relative

An individual’s spouse or spousal equivalent; the individual’s and the spouse’s grandparents, parents, siblings, children, nieces, nephews, aunts, uncles, and the spouse or spousal equivalent of any of these people; or anyone who shares the same household.

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