Report CopyRight/DMCA Form For : Code Of Business Conduct And Ethics
Employees should conduct themselves in accordance with this Code and seek to avoid even. the appearance of improper behaviour, If a law conflicts with this Code employees must comply with the law If a local custom or. policy conflicts with this Code employees should comply with this Code If you have any. questions about these conflicts you should ask your General Manager how to handle the. Employees who violate the Code may be subject to disciplinary action which could include. the termination of their employment They may also be subject to prosecution under. applicable law If you are in a situation that you believe may violate or lead to a violation. of the Code you should follow the process and guidelines described below under. Reporting Any Illegal or Unethical Behaviour and Compliance Procedures. Compliance with Laws Rules and Regulations, Obeying the law both in letter and in spirit is the foundation on which the Company s. ethical standards are built and is critical to our reputation and continued success All. employees must respect and obey the laws of the various jurisdictions in which the Company. operates Although not all employees are expected to know the details of these laws it is. important to know enough to determine when to seek advice from supervisors managers or. other appropriate personnel Members of the Home Office Corporate Legal Department are. always available to assist employees in determining applicable legal requirements. Anti Bribery Anti Corruption Laws, Employees are prohibited from participating in acts that could be considered bribery and. or improper payments Bribery refers to directly or indirectly offering promising or giving. any financial or other advantage or anything of value to any person in order to influence them. to behave improperly or reward them for behaving improperly in connection with business. or employment activities, Employees must comply with all applicable laws Anti Corruption Laws prohibiting. bribery and improper payments including the Corruption of Foreign Public Officials Act. Canada the Foreign Corrupt Practices Act US and the Bribery Act UK and any law. with similar effect which is applicable, Employees may not authorize or directly or indirectly request agree to receive or accept a. financial or other advantage in return for the improper performance of business or. employment related activities It is important that employees avoid engaging in activities that. might be or might be perceived to be either offering or receiving an incentive or reward for. improper behaviour in connection with the Company s or the hotel s business A breach. may occur regardless of where in the world it occurs and may be a criminal offense subject. to serious consequences including imprisonment Anti Corruption Laws tend to be stricter as. regards government personnel Government personnel is to be interpreted broadly and. includes officials of government entities anyone exercising a public function for or on behalf. of a country for a public enterprise officials or agents of public international organizations. elected politicians and candidates for public office and persons holding a legislative. administrative or judicial position of any kind of a country territory or subdivision of a. country or territory,2 As in effect July 2011, As a result if you have any questions about the application of the Code or Anti Corruption. Laws to a particular situation you should ask your General Manager or a member of the. Home Office Corporate Legal Department, Examples of activities that may raise ethical questions and may be problematic under Anti. Corruption Laws include but are not limited to,i Facilitation Payments. Certain laws prohibit payments to government personnel to facilitate or accelerate the. performance of a routine action such as receiving a building permit but which are not. legitimate payments as part of a formal transparent process to expedite governmental actions. This prohibition does not apply to payments that are specifically permitted by applicable. written law, If such a payment is made in circumstances where an employee reasonably considers that. their personal safety or liberty may be at risk if such a payment is not made it will not be a. breach of this Code, In such circumstances where a payment of this kind is made the employee who made or. authorized the payment must report the incident to the Home Office Corporate Legal. Department as soon as practical Reporting instances of facilitation payments will enable the. Home Office Corporate Legal Department to assess the risk levels and to advise on steps that. might be taken in order to avoid future instances of facilitation payments or demands for. facilitation payments, Business gifts are customary courtesies designed to build goodwill and constructive. relationships among business partners and may include such things as tickets to sporting or. cultural events and other merchandise or services In some cultures they play an important. role in business relationships However gifts may form the basis of an offense under certain. Anti Corruption Laws when these courtesies, 1 compromise or appear to compromise the recipient s ability to make fair and. objective business decisions, 2 are intended or appear to be intended to be an inducement or reward for improper. behaviour to gain an unfair advantage or to unfairly influence a business relationship. 3 are known or suspected to be in breach of the gifts and hospitality policy applicable to. the recipient, Offering or receiving any such gift should be avoided at all times even during traditional. gift giving seasons, As a result gifts may only be offered where they are reasonable proportionate and given in. good faith and where the purpose of the gift is to improve the image of the Company and or. hotel to promote the Company s and or hotel s products or services in an ethical manner or. 3 As in effect July 2011, to enhance relations with the recipient in the normal course of business No gift should ever. be offered given authorized or accepted by any employee or their family members unless it. is not a cash gift is consistent with customary business practices is not excessive in value. cannot be construed as a bribe or payoff and does not violate any laws Each hotel should. have a policy which addresses giving and receiving business related gifts and which. incorporates appropriate approval and recording mechanisms Employees should be familiar. with the policy applicable to them a copy of which policy can be provided by their. department head or Human Resources,iii Hospitality and Entertainment. The provision of and the provision of discounts on hospitality including such things as. accommodation meals beverages services and corporate entertainment at which the host is. present and the receipt of hospitality can raise similar issues as business gifts As a result. hospitality and entertainment are subject to the same parameters as business gifts. Each hotel should have a policy which addresses giving and receiving hospitality and. entertainment and which incorporates appropriate approval and recording mechanisms. Employees should be familiar with the policy applicable to them a copy of which policy can. be provided by their department head,iv Political and Charitable Contributions. Political and charitable contributions must not be used as a means to make payments that. otherwise would be prohibited under Anti Corruption Laws and must not be made. at the request or with the assent of government personnel where the intention is to. influence government personnel and to obtain or retain business or a business. advantage for the Company or, where the intention is to induce or reward improper performance of any person s. functions or activities, Political donations must always be made in compliance with applicable laws on political. donations It should be noted that restrictions on contributions are not limited to monetary. donations but may also apply to the provision of corporate facilities sponsorship of political. dinners provision of corporate services at a discounted rate and to contributions to. organisations other than political parties which have political purposes. Nothing in this Code should be interpreted as restricting the freedom of employees from. making either political or charitable contributions on a purely personal basis. Each hotel should have a policy which addresses giving political and charitable contributions. and which incorporates appropriate approval and recording mechanisms Employees should. be familiar with the policy applicable to them a copy of which policy can be provided by. their department head,v Government Personnel, Employees must exercise particular caution when offering or giving anything of value to any. government personnel This includes business gifts hospitality donations or contributions of. any kind as well as payments for official services. 4 As in effect July 2011, Each hotel should have a policy which addresses giving business related gifts hospitality or. anything of value to government personnel and which incorporates appropriate approval and. recording mechanisms Such controls should take into account the proximity of the gift or. hospitality to the award of a government authorisation or other permit Employees should be. familiar with the policy applicable to them a copy of which policy can be provided by their. department head,vi Receipt of Loans Benefits or Advantages. Employees who are responsible for purchasing goods or services on behalf of the Company. or hotel must take particular care to avoid requesting or accepting any advantage from a. supplier or other third party in circumstances where this might influence or appear to. influence a decision relating to the procurement There are also risks in the context of loans. payments for services or other forms of financial compensation or assistance these should. not be accepted by any employees or their family members from a party with whom the. Company or hotel has a business relationship unless that party is a financial or similar. institution in the business of providing such loans or other financial assistance on. substantially similar terms,vii Agents and Intermediaries. Persons engaged as agents and intermediaries of Four Seasons or the hotel should be made. aware of this Code and the restrictions that it contemplates Agents and intermediaries should. never be used in order to make payments or give advantages on behalf of the Company or. hotel that would be prohibited under Anti Corruption Laws or by this Code Depending on. the circumstances and particularly in situations where an agent or intermediary is being. engaged to win business for the Company or hotel or obtain a business advantage it may. be appropriate to take steps such as those set forth on Schedule A attached hereto. Anti bribery measures taken in relation to agents and intermediaries should be documented. or the reasons why anti bribery measures were not taken and such records kept at least for the. length of the contract Such anti bribery measures should be updated and refreshed as. appropriate, Employees should report any knowledge or good faith suspicions they may have that a. person performing services for the Company or hotel has paid or is paying bribes or. otherwise breaching applicable Anti Corruption Laws in connection with the Company s or. the hotel s business through the procedure described below under Reporting Any Illegal. or Unethical Behaviour and Compliance Procedures,Conflicts of Interest. A conflict of interest exists when an employee s private interests interfere in any way with. the interests of the Company or the hotel A conflict of interest is generally defined as a. business activity or relationship with another company or individual that in the hotel s. judgment may result in questionable business ethics or a compromise in an employee s. loyalty to the Company or hotel A conflict of interest can arise when an employee takes. actions or has interests that may make it difficult for an employee to perform his her work for. the hotel objectively and effectively Conflicts of interest also may arise when an employee. or members of their family have a material interest in a transaction or receive improper. personal benefits as a result of the employee s position with the hotel. 5 As in effect July 2011, It is almost always a conflict of interest for an employee to work at the same time for a. competitor or a person with whom the Company or hotel has a business relationship. Employees are not allowed to work for a competitor as a consultant or board member and. shall not have any beneficial interest in any hotel restaurant or other lodging food and or. beverage business whether competitive or not with the Company s or the hotel s facilities. unless approved in writing by the General Manager or in the case of Planning Committee. level or above by the regional President Operations Employees may not directly or. indirectly maintain outside business and or financial interest or engage in any other outside. business or financial activity that conflicts with the interests of the Company or hotel. Employees must disclose to their supervisor any employment offer accepted by them from a. party with whom the Company or hotel has a business relationship.