Farmaindustria DIATER Global anti-corruption policy
Introduction
DIATER is fully committed to the highest standards of ethical business conduct and to complying with all laws, rules, and regulations that apply to it in any country in which it operates. Thus, DIATER bases its operations on the principles of transparency, fair competition, and equal opportunity, and discards any action aimed at gaining an advantage based on an unlawful act.
As part of this commitment, DIATER has developed this Global Anti-Corruption Policy, which reflects our standards of conduct regarding the prevention and zero tolerance of corruption in all its dimensions.
Scope of Application
This Policy has a global scope, applying to all employees, collaborators, and executives of the DIATER Group, as well as its subsidiaries and companies under its effective control. Third parties operating with DIATER, although not directly bound by this Policy, are expected to maintain equivalent standards that prevent behaviors associated with corruption or bribery.
Compliance with this Policy and anti-corruption laws is mandatory, and DIATER will not participate in or favor any activity contrary to them.
The DIATER Group operates in different countries, so it may be the case that some of these countries establish different legal requirements regarding corruption. In this case, the most restrictive requirement should always be observed.
Responsibilities
It is the responsibility of all persons subject to this Policy to know and respect it, and to ensure (if applicable) that the people in their charge know, understand, and comply with it, leading by example and being a role model for conduct. In case of doubt, or when it is suspected that conduct contrary to this Policy is taking place, the Legal and Compliance Department should be consulted.
The Compliance Committee must ensure the fulfillment of this Policy, disseminating it, resolving doubts about its interpretation, and investigating possible breaches of which it is aware.
Non-compliance with this Policy may result in the corresponding corrective and disciplinary measures.
Prohibition of Corruption
Any form of corruption is strictly prohibited, regardless of whether it is with a public official or a private individual, and regardless of their nationality. Forms of corruption, and therefore prohibited, include any type of bribery and influence peddling.
It will also be considered inappropriate to try to circumvent DIATER requirements in this area by requesting, facilitating, or allowing any third party, as an intermediary, to carry out the prohibited conduct in this Document, even if done with personal funds or assets.
What is meant by "corruption"?
Corruption includes a wide range of actions, the most significant for DIATER in its area of activity being bribery and influence peddling. We understand bribery as the act of offering, giving, receiving, requesting, or accepting (or authorizing to do so) an unjustified benefit or advantage, or offering or promising to obtain it, for oneself or for a third party, as consideration to unduly favor another in the acquisition or sale of goods, in the hiring of services, or in commercial relationships.
In other words, both active corruption (offering or giving an undue benefit) and passive corruption (receiving, requesting, or accepting such benefits) are prohibited.
Bribery can manifest itself as economic amounts or valuable objects. By valuable objects, we mean any non-financial benefit such as gifts, food, entertainment, accommodation, job offers, loans, or donations, among others. It is possible that common business practices or social activities (such as gifts or hospitality) may be considered bribes in certain circumstances, so it is important that all DIATER employees, collaborators, and executives always act with the values and principles established in the DIATER Ethical Code, in this Policy, and in other applicable rules, particularly those related to interactions with Healthcare Professionals and Healthcare Organizations. Likewise, it is important to follow the recommendations of the Legal and Compliance Department, and to refer any related doubts to them before acting.
What is meant by "influence peddling"?
It is understood as any action or strategy aimed at guiding or influencing the action of an official, public official, or authority, using their personal relationship with them or with another public official or authority to achieve a resolution that may directly or indirectly generate an economic benefit or avoid a loss of any kind for the company or a third party.
It is important to note that the term "official" should be interpreted broadly, including all those with the role of officials as defined by law, as well as agents of any public sector organization, or candidates for the same. This also includes any other person employed by a public sector organization, including doctors, pharmacists, nurses, and hospital managers.
Relations with the Administration and Authorities
While all actions of DIATER must be marked by the principles established in this Policy, special care must be taken to ensure that interactions with public officials and authorities are not, nor appear to be, improper. To this end, all interactions with them must be properly documented and recorded, allowing for the traceability of funds or benefits directed to an official or authority.
Payments to public officials or authorities will be limited to compensation for legitimate services provided by them, which have been duly approved by the Company and provided they have followed the established procedure.
Regarding facilitation payments, these are payments or gifts to public officials to guarantee or facilitate an administrative process, obtain licenses or permits, a favor, or a service of any kind. Facilitation payments do not influence the outcome, but the speed with which the process is carried out. These payments are considered a form of bribery and, therefore, are not acceptable.
Regarding contract signing, including the possible incorporation of an authority or official into DIATER's workforce or as part of its executive bodies, the following general rules are established:
- The subjects of this section may not be incorporated into the workforce or as part of the executive bodies while retaining the position of active authorities or officials.
- When it has been less than three years since the person ceased to be an active authority or public official, their possible incorporation into DIATER's workforce or executive bodies must be approved by the Company's Management and the Legal and Compliance Department.
- Service contracts may not be signed, except as provided for contracts with Healthcare Professionals in accordance with internal policies and the Pharmaceutical Industry's Code of Good Practice.
Facilitation Payments
These payments are small amounts given in exchange for ensuring or speeding up the course of a necessary procedure or action over which the facilitator has a granted legal or other right. In other words, the facilitation payment aims to influence the processing speed, but never its result.
However, facilitation payments are considered a form of bribery and, therefore, are completely prohibited.
Gifts, Courtesies, and Hospitality
The delivery, promise, or receipt of gifts, courtesies, or favors is prohibited, with the exception of usual courtesies or commercial attentions (provided they are not prohibited by local legislation). In any case, they will never be acceptable if conditioned to obtain a specific result, nor can they be the consequence of an act or decision made by the recipient. Additionally, if the recipient is a Healthcare Professional, they must comply with the code of conduct restrictions of the country where they practice.
When receiving or giving attention, gifts, or hospitality, it must be occasional, of modest value, not violate any applicable rules to the recipient or the person offering it, and be based on a legitimate reason, implying that no expectation of consideration by the recipient should be generated.
In addition to those that meet any of the above conditions, it is never appropriate nor allowed to give, offer, accept, or request:
- Cash or equivalents (gift cards, loans, shares, charges on bank cards, etc.).
- Gifts, courtesies, or hospitality offered within the framework of a bidding or private contracting process directed at (or offered by) anyone involved in it.
- Gifts to Healthcare Professionals that do not comply with the restrictions of the Farmaindustria Code.
Inappropriate gifts, courtesies, or hospitality according to this Policy cannot be financed with personal funds or resources of the person giving them, nor can they be given, offered, accepted, or requested from a third party linked to the person in question.
In no case should travel and representation expenses be used to cover gratuities to clients, suppliers, collaborators, or healthcare professionals.
In case of doubt about the relevance or suitability of a gift, attention, or hospitality, it should be previously consulted with the Legal and Compliance Department.
Political Contributions
DIATER may have relationships with political parties within the framework established by the legal system of the countries in which it operates and always complying with national laws on the financing of political parties.
In particular, political contributions are strictly prohibited, so no DIATER employee or executive can make contributions to political parties on behalf of or representing the DIATER Group.
DIATER recognizes the right of its collaborators to make individual political contributions according to legal limits, provided it is clear they are made personally.
Donations and Sponsorships
DIATER contributes to the development of the communities it relates to through donations, funding, sponsorships, and patronage of projects with social, cultural, or scientific content. According to this commitment, any donation, funding, sponsorship, or patronage made must:
- Have the necessary internal and, if applicable, external authorizations.
- Be made to entities with an appropriate organizational structure to ensure the proper administration of resources.
- Be faithfully reflected in accounting records.
- Not be used as a means to cover an improper payment or bribe.
- Be avoided if it may pose a conflict of interest for any of the parties.
Additionally, donations made to the mentioned institutions will be done transparently and reasonably monitored to ensure they are used for the established purposes.
Individual donations to healthcare professionals are not allowed, except for collaboration or sponsorship to attend events and meetings as provided by the codes of conduct of the country where the professional practices.
Relations with Third Parties
Third-party hiring processes will be conducted impartially and objectively, applying quality and cost criteria in these processes.
Agreements signed with third parties must be formalized in writing and specify the goods or services contracted, which must correspond to the business's own and legitimate needs. All payments must be reasonable and set according to their market value.
DIATER expects third parties it works with, and particularly when acting in any form of representation of DIATER, to maintain anti-corruption standards equivalent to this Policy. The lack of such standards, depending on its severity, may be considered an impediment to contracting with them.
Reporting Violations
This Policy establishes essential principles of the business conduct of the DIATER Group. Any violation of it may result in corresponding sanctions and legal and corrective actions.
Likewise, any DIATER employee or collaborator who becomes aware that one of their collaborators has been or is being accused, investigated, or convicted of corruption or any other illegal conduct, or that another person within the Organization is or may be violating the Anti-Corruption Policy must promptly inform the Legal and Compliance Department at the following address: legalcompliance@diater.com or through the Ethical Channel: canaleticodiater@atcode.es.
In accordance with the internal rules on the operation of the Channel, and in line with the Whistleblower Protection Law1, all persons who report in good faith any of the facts described in the previous paragraph will have the following rights:
- Confidentiality: The informant's identity remains absolutely confidential at all stages of the process and at all levels. It will only be known by those necessary to carry out the investigation.
- No Retaliation: Any form of retaliation, penalty, or detriment against those who submit a report or inquiry through the Channel is strictly prohibited, provided they act in good faith.
- Receive a Response: All communications and inquiries will receive a response as soon as possible and, in any case, within three months of receipt2. If contact details have not been provided, it will be posted in the relevant section on the website www.canaletico.com, and the communicator will be responsible for checking it.
References
1 Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption.
2 In particularly complex cases, the period may be extended up to an additional three months.
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