legal and regulatory compliance at hp...training objective introduction ensure compliance with legal...
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© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice.
Legal and Regulatory Compliance at HP
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 2
Table of Contents
• Introduction
• Executive Summary
• Anti-Corruption
• Foreign Corrupt Practices Act
• UK Bribery Act
• Export Control Compliance
• Privacy
• Additional Information
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 3
How to Use this Document Introduction
Educate and inform company personnel • HP strives to conduct business with the highest ethical standards.
HP expects our partners and suppliers to maintain the highest standards of business ethics and become familiar with and comply with all applicable legal and regulatory laws that are relevant when conducting business with and for HP.
• Please use this document within your organization to educate and inform your personnel in relation to your company’s compliance responsibilities.
• This document is not intended to be a comprehensive reference, therefore on the last slide we suggest additional links for more information on this topic.
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 4
Training Objective Introduction
Ensure compliance with legal and regulatory requirements • HP today conducts business in over a hundred and seventy-five
countries. HP partners, suppliers, sub-contractors, agents, and third parties around the world have the responsibility to comply with all applicable global anti-corruption laws.
• HP has established the HP Legal and Regulatory Compliance Program to ensure compliance with the laws and regulations of the United States and other countries in which HP conducts business, especially anti-corruption laws and global trade requirements.
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 5
Leading with integrity
Executive Summary
HP is committed to building and maintaining a channel program that exemplifies the highest standards of integrity and compliance
The HP Compliance Program is designed to accomplish the following objectives:
• To raise awareness of the legal and regulatory requirements for doing business with HP as partner or supplier
• To identify any existing compliance risks and non-compliant activities and work with the partner or supplier to take corrective measures
• In the case of violations, to be able to mitigate damage by showing that both HP and its partners or suppliers took all possible preventative measures through due diligence
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 6
Compliance with laws Anti-Corruption
Prominent anti-corruption laws
• The United States Foreign Corrupt Practices Act (FCPA)
• United Kingdom Bribery Act (UKBA)
• Organization of Economic Co-operation and Development (OECD)
– The OECD has established a Convention on Combating Bribery of Foreign Public Officials in international business transactions
• Virtually all countries have laws that prohibit corruption and bribery
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 7
Prohibits corrupt payments Foreign Corrupt Practices Act (FCPA)
The FCPA prohibits companies from • Offering, promising, or giving anything of value including gifts and donations,
directly or indirectly to:
– Any government official outside of the U.S or – Official of an international organization
• Influencing official acts to obtain or retain business or to secure any other improper advantage
• Failing to maintain accurate books and records
FCPA enforcement and penalties • The FCPA is enforced by the United States Department of Justice (DOJ) and the
Securities and Exchange Commission (SEC).
• Penalties for violating the FCPA include:
– Company – Criminal fines and civil penalties – Individuals – Jail plus fines and civil penalties wherein the penalties cannot be
reimbursed by the company – Suspension or debarment from federal contracts – Ineligibility to export or re-export – Other potential penalties
Examples of prohibited recipients of corrupt payments are: • Any official of a public international
organization • Government officials • Officials of state-owned enterprises • Political party, political official, any
candidate for political office
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 8
Expanded focus on commercial bribery UK Bribery Act
Applies to individuals
• With a ‘close connection’ to the UK
• Who are in the UK
• Specific rules for ‘senior officers’ of a company
Fines and penalties
• Up to 10 years in prison
• Unlimited fines
• Possible debarment from obtaining public contracts from EU government entities
New ‘extra-territorial’ law which prohibits
• Bribery of any kind including commercial or government recipients
• Companies failing to prevent bribery (by the company or via their 3rd parties)
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 9
Compliance with Export Requirements
Export Control Compliance
• The U.S. Government and other national governments are concerned with measures taken by exporters and re-exporters to prevent and detect illegal re-exports and diversions of U.S. products and technology.
• HP Partners are required to establish and maintain auditable procedures to screen customer orders for these concerns.
• More specific guidance and other tools for meeting these obligations can be found in the U.S. Department of Commerce's "Export Management Systems" guidelines which are available at: http://www.bis.doc.gov/complianceandenforcement/emcp.htm
• HP Partners may learn more about Export Administration Regulations at:
http://beta-www.bis.doc.gov/index.php/compliance-a-training/export-administration-regulations-training
• HP provides additional information in the “Compliance” section of the HP Partner Portal. HP Smart Portal - HP Partner Program Portal
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Compliance with Export Requirements Export Control Compliance
Key risks that must be managed • The Denied Parties List: The U.S. Government publishes a list of companies and
individuals who have violated U.S. export laws. This list also includes individuals and companies sanctioned by other Government agencies. Transactions with companies or individuals on these lists are not permitted.
• Nuclear, Missile Technology, and Chemical/Biological Weapons Proliferation
Users/Uses: The U.S. and other governments have signed agreements to prevent the proliferation of weapons of mass destruction, including weapons connected with nuclear, chemical and biological warfare, and the missiles used to deliver them. Transactions with end-users involved in such activities may be subject to export license requirements.
• Embargoes and Trade Sanctions: Certain countries are considered embargoed both by the U.S. Government and many other governments. For a current listing and advice, please contact your local U.S. embassy and local authorities.
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 11
Compliance with Export Requirements Export Control Compliance
Key risks that must be managed (continued) • Diversion Risks (Illegal Re-exports): Internationally, there is a real
danger that some countries, companies, firms or individuals will attempt to acquire U.S. technology by illegal means. Please review the list of red flag indicators contained in the documents posted in the Compliance section of the HP Partner Portal.
• Trade Boycott Requests: U.S. and other national laws prohibit participation, directly or indirectly, in trade economic boycotts.
• Re-exports after Delivery: Exporters are obliged to check what authorization is required from their Ministry or Customs office responsible for foreign trade. In addition, they need to check if a re-export authorization is required from the U.S. Government.
• Additional Guidance: Available at the Partner Portal under Trade Requirements for Business Partners: http://partnerportalpro.houston.hp.com/DownloadModule/GetContent?4OyqKb0FZonHl4qIVdlyIPeGDhDzxt7Pv9q5L8QypZ2yTcdfsb7iNwvHlNLmis5eRa5M0z%2FOXOSTj9bmxLNrPYxWHoBEGW10
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Compliance with Privacy Laws
Privacy
HP Global Master Privacy Policy • The HP Legal and Regulatory Compliance Program will ask you
to provide HP with personal data relating to your employees, directors, owners and shareholders and their family members
• HP may collect additional personal data via publicly available on and off-line resources if necessary
• Personal data provided to or collected by HP will only be processed by HP to undertake due diligence activities in relation to the program
• HP shall process personal data in compliance with applicable privacy laws and the HP Global Master Privacy Policy
• You must provide a copy of the privacy notice to each individual whose data is provided to HP through this program
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. 13
Links related to this topic
Additional Information
HP Ethics and Compliance
HP Standards of Business Conduct
HP Partner Code of Conduct
HP Electronic Industry Code of Conduct (Suppliers)
The United States Department of Justice- FCPA
UK Bribery and Corruption
Organization of Economic Co-operation and Development
HP’s Anti-Corruption Compliance Program Overview
For more information, please contact the following:
Americas: [email protected] Asia Pacific and Japan: [email protected] Europe, Middle East, and Africa: [email protected]
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice.
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