Anti Bribery Policy Statement

ANTI-CORRUPTION AND ANTISOBORN COMPLIANCE POLICIES

OBJECTIVE

Anti Bribery Policy Statement – FORSA SA is committed to adhering to the highest ethical standards and complying with all local laws and regulations on anti-corruption and anti-bribery matters, for which its legal representatives as Senior Management of the Company issue the following Compliance Policies of the standards for prevention of transnational bribery.

The purpose of these policies is to mark a course of compliance with the regulations to prevent the risks related to transnational bribery to all partners, employees and / or contractors who carry out activities for or on behalf of FORSA S.A thus achieving, that FORSA S.A. is aligned in its activities with all applicable rules and regulations against corruption and transnational bribery. Clarifying that the Company has zero tolerance for any conduct that could be considered a bribe or that could, in some way, be considered corrupt.

These Policies complement the Code of Ethics, Conduct and Sanctioning Regime adopted by the Company in May 2015.

SCOPE
These Policies apply to the Senior Executives, Associates, Employees and / or contractors of the Company, understood as contractors, the suppliers that perform any activity on behalf of or on behalf of the Company, commercial agents and / or customs agents, all of these subjects included in the Scope of these, they must express their knowledge and acceptance regarding their obligation to comply with the regulations related to the prevention of Transnational Bribery as well as the Business Ethics Program and this document that contains the Compliance Policies, said written statement will be made according to the documents that apply to each class of subject, that is, through the commercial contract, labor contract or document where their legal relationship with the Company is implemented, also said subjects will make this statement in writing according to the format CERTIFICATE OF INFORMATION AND COMMITMENT FRONT OF POLICIES OF ANTI-CORRUPTION AND ANTISOBORN COMPLIANCE GE-FR-05 R1 DOWNLOAD FORMAT

 

RELATIONSHIP WITH OTHER POLICIES AND CODES
This Policy complements and supports the terms of the Code of Ethics, Conduct and Sanctioning Regime, which provides additional information on how to apply this Policy to prevent and detect bribery and corruption.

Anti Bribery Policy Statement

PRINCIPLES AND DECLARATION OF POLICIES
In development of the above, the following is adopted:

 

a) The values ​​and principles that frame the activity of FORSA S.A according to the Code of Ethics, Conduct and Sanctioning Regime are:
Respect, Responsibility, Service, Humility and Honesty.

b) It is the duty of FORSA S.A, of its administration and control bodies, of its Compliance Officer, as well as of the Company’s Representatives, to ensure compliance with these Policies, and to comply with the Anticorruption and Anti-bribery Regulations,
c) It is imperative to prioritize the observance of ethical principles to achieve the goals of FORSA.S.A, considering that it is essential to generate a culture oriented to apply and enforce these Policies.
d) FORSA S.A prohibits and sanctions any type of conduct related to bribery or corruption.
e) Any Employee, Senior Manager and / or Contractor of the Company who suspects or has knowledge of any conduct of corruption or bribery shall report said conduct to the Compliance Officer or report in the Ethics Line. The Compliance Committee will respond appropriately to the reports and suggest the actions to be taken according to the procedure established in this Policy and in the Code of Ethics, Conduct and Sanctioning Regime for Conflict of Interest cases.
f) If an Employee, Senior Manager and / or Contractor receives a request for bribe or suspicious payment from any person or entity, internal or external, this request must be reported immediately to the Compliance Officer or reported to the Ethics Line.
g) Any Employee, Senior Manager and / or Contractor of the Company who reports in good faith a violation of the Policy, or the performance of any conduct of corruption or bribery, will be protected against any type of retaliation.
h) The rules provided in this Policy with respect to the mechanisms for the prevention of corruption or bribery are of imperative compliance, so that they must be observed in each act.
i) FORSA S.A will refrain from receiving or making donations that do not have a lawful purpose or about which there is a suspicion that they will serve to conceal corruption or bribery or to obtain advantages in the business of FORSA S.A. Only donations will be made to non-profit entities.
j) FORSA S.A will carry out the due diligences to adequately know the potential suppliers or agents and, in particular, the connection of the suppliers or agents with government entities or government officials. For this purpose, the rules, objectives and principles regarding the linking of suppliers and agents indicated in the procurement procedure CPR-PR-01 will be applied.
k) FORSA SA will monitor any transaction or doubtful activity that could reasonably lead to suspect that the suppliers or agents are using FORSA SA to transfer, manage, take advantage of or invest monies or resources derived from criminal activities, as well as to carry out acts of corruption or bribery.
l) Employees, Senior Executives and / or Contractors of the Company acting on behalf of or on behalf of FORSA S.A. they are prohibited from conducting conducts tending to conceal, change, omit or distort accounting records to conceal improper activities.

In compliance with the foregoing, the Senior Executives of FORSA S.A. they are obliged to:

i) Implement the previous Policies and the Business Ethics Program
ii) To carry out actions to publicize the policy of intolerance to the Transnational Bribery of the Company.

Likewise, in order to control and supervise the Policies and Business Ethics Program FORSA S.A. perform the following procedures:

i) Supervision of the Compliance Officer and the Statutory Auditor,
ii) The periodic realization of Audits and Due Diligence,
iii) The conduct of surveys of the Employees and Contractors in order to verify the effectiveness of the Compliance Policies.

PROHIBITION OF ACTS OF CORRUPTION AND BRIBERY

What is bribery?

Bribery is the act of giving, offering, promising, requesting or receiving anything of value in exchange for an undue advantage or undue advantage, or as consideration in exchange for performing or omitting an act inherent in a public or private function, independently that the offer, promise, or request is for oneself or for a third party, or on behalf of that person or on behalf of a third party.

FORSA S.A strictly prohibits bribes in any form, including bribes paid directly or indirectly through a third party.

FORSA S.A’s prohibition on bribery includes “commercial bribery”. Commercial bribery generally means the provision of something of value to an intermediary (for example, an employee of a client) without the knowledge of the client’s supervisor or employer, with the intention of improperly influencing the business conduct of the business or to obtain an improper commercial advantage.

Law 1778 of 2016
Pursuant to Law 1778 of 2016 “By which rules are issued on the liability of legal persons for acts of transnational corruption and other provisions are issued in the fight against corruption” the crime of transnational bribery is set within the framework of conduct of its employees, contractors, administrators or associates (own or of any subordinate legal person), give, offer or promise to a foreign public servant, sums of money, any object of pecuniary value or other benefit or utility in exchange for this last perform, omit or delay acts related to the exercise of its functions and in relation to a business or international transaction.

Law 1474 of 2011 of Colombia
Pursuant to Law 1474 of 2011 “By which rules are issued aimed at strengthening the mechanisms of prevention, investigation and punishment of acts of corruption and the effectiveness of the control of public management”, the crime of corruption is configured when a offer to a foreign public servant, for the benefit of this or a third party, directly or indirectly, any money, object of pecuniary value or other utility in exchange for it to perform, omit or delay any act related to an economic or commercial transaction.

The crime of private corruption is configured when directly or through interposed person is promised, offered or granted to directors, administrators, employees or advisors of a company, association or foundation a gift or any unjustified benefit for the benefit of the person or a third party , to the detriment of that.

In addition, the crime of unfair administration is configured when the de facto or de jure administrator, or partner of any company formed or in training, manager, employee or advisor, that for their own benefit or that of a third party, with abuse of the functions of his / her position, fraudulently disposes of the assets of the company or contracts obligations in charge of it, directly causing an economically evaluable loss to its partners.

In accordance with the foregoing, FORSA SA and the Representatives of the Company are prohibited from making or requesting from a third party any type of benefit to be made or not, an act proper to their functions (Example: request a private individual for a reward or something of value , in exchange for granting a contract with the company, or when the individual offers to the Representatives of the Company some kind of benefit in order to perform or not perform an act of their own function).

The legal representatives of the Company, the Senior Executives, the Employees and / or contractors who represent or act on behalf of the Company, will be obliged to comply with their duties of loyalty and probity, and will act in such a way as to protect at all times the the Company’s patrimony generating a culture and commitment of intolerance to Transnational Bribery and any other corrupt practices.

Prohibition of Facilitation Payments:
Facilitation payments are prohibited in FORSA S.A regardless of their amount. Facilitation payments are payments made to government officials in order to ensure or speed up routine government action or procedure, for the benefit of an Employee or FORSA S.A.

Examples of facilitation payments include payments to process visas, expedite customs procedures, etc.

Gallery of Anti Bribery Policy Statement

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FUSIONS AND ACQUISITIONS
In each investment negotiation and analysis process, the Company will conduct due diligence on compliance with Anticorruption Standards before making a final decision on the investment or merger.

Likewise, if the acquisition or merger takes place, FORSA SA will ensure that the acquired company implements, within a reasonable period of time, these policies and the Business Ethics program to prevent Transnational Bribery, as well as the internal control systems and The Code of Ethics, Conduct and Corporate Sanctioning Regime under the existing standards in FORSA SA

CONTRACTS WITH THIRD PARTIES
This Policy also applies to all agents, suppliers, distributors and other third parties that FORSA S.A contracts to do business on behalf of FORSA S.A. Consequently, all contractors, such as agents, suppliers, distributors and other third parties acting on behalf of FORSA SA, must express in writing their knowledge and acceptance of their obligation to comply with the regulations related to the prevention of Transnational Bribery as well as the knowledge and obligation to benefit in all its activity to the Business Ethics Program and this document that contains the Compliance Policies, said written statement will be made according to the documents that apply to each class of subject, ie through the commercial contract or document where their legal relationship with the Company is implemented, said individuals will also make this statement in writing in accordance with the format CERTIFICATE OF INFORMATION AND COMMITMENT AGAINST ANTICORRUPTION AND ANTISOBORN COMPLIANCE POLICIES GE-FR-05 R1 Attachment.

Consequently, all written contracts between FORSA S.A and any contractor acting on its behalf, must contain statements and relevant guarantees on anti-corruption behavior. In addition to declaring and guaranteeing compliance with this Policy and the applicable anti-corruption laws and regulations, contracts shall also include the right of FORSA SA to rescind the contract when a violation of this Policy, Business Ethics Program or any law or regulation occurs. anti-corruption and anti-bribery.

The Compliance Officer is responsible for verifying that such declarations and clauses are included in the contracts.

DONATIONS AND POLITICAL CONTRIBUTIONS
All donations and political contributions made by FORSA S.A must have a lawful purpose and be carried out following the legal procedures for its formalization.

FORSA SA, nor the Representatives, employees and / or senior executives of the Company can make contributions or donations, direct or indirect, to political parties, government entities, organizations, government officials or individuals involved in the policy, without the approval of the committee of the presidency. Donations or contributions can not be made in exchange for obtaining advantages in the business of FORSA S.A or in its commercial transactions.

ACCOUNTING RECORDS
FORSA S.A’s policy is to keep and keep records and accounts that accurately and accurately reflect the transactions and dispositions of the assets of the transactions of FORSA S.A. Company Representatives, employees and / or senior managers can not change, omit or misrepresent records to conceal improper activities or that do not correctly indicate the nature of a registered transaction.

MECHANISMS TO DENOUNCE
The Compliance Officer is in charge of receiving inquiries, complaints and denunciations about possible acts of violation of the Policies, the Business Ethics Program and / or the Anticorruption Regulations.

FORSA SA has also provided an Ethics Line, through which Company Representatives or Employees can safely, confidentially and anonymously – if the person so wishes – inform FORSA SA of any suspicion of violation of the law. Present Policy.

The Ethics Line will be managed and managed by an external company, who once receives a complaint or complaint will inform the Compliance Officer and the Fiscal Auditor.

The information of the complainant, if provided, will be kept confidential.