GLOSSARY

ANTI-BRIBERY AND CORRUPTION (ABAC)

It includes all elements of risk assessment and risk monitoring related to corruption and bribery.

ASSET MISAPPROPRIATION

This includes both the theft and the voluntary misuse of company assets. It can be related to: cash, inventory and all other assets (accounts receivable, fixed assets as well as any IT data related to the company organization or its business partners e.g., client or supplier technical information, confidential information etc.).

ADP INTERNATIONAL PERIMETER

ADP International Perimeter includes ADP International headquarters, subsidiaries and shareholdings, offices and joint-ventures, ADP Ingénierie and its subsidiaries, TAV Holding and its subsidiaries.

COMMERCIAL INTERMEDIARY
OR AGENT

A commercial intermediary/agent is a company used by ADP International Perimeter in order to extend or develop a local network, provide local business intelligence and develop new business opportunities in a country or limited area.

The agent receives a commission for the services actually provided.

COMPLIANCE

Compliance requires employees to abide by laws and regulations as well as by ADP International Perimeter self-regulatory procedures & policies, internal directives and ethical principles. Business partners and third parties are strongly encouraged to adopt ADP International Perimeter compliance standards.

CORRUPTION

Corruption is an offer, payment, promise to pay, give, or authorizing the giving or payment of any money or anything of value to anybody (foreign official or private person) for the purpose of influencing any act or decision of this person in his or her capacity.

Bribery is an act of giving (or having the intent to give or authorizing such a payment) directly by a company employees or indirectly by a third party intermediary to obtain or retain business or gain an improper advantage. Bribery is the most common type of corruption.

- Illegal gratuities are something of value given to an employee to reward a decision after it has been made rather than influence it before the decision is made. This offense is similar to bribery except that an illegal gratuity does not require proof of intent to influence the employee‘s decision-making.

- Economic extortion means obtaining money, property, or services from a person, entity, or institution, having been induced by wrongful use or threatened or forced by fear.

FACILITATION PAYMENTS

These are payments aimed to persuade governemental officials to perform functions or services which they are already obliged to perform as part of their governmental responsibilities:

- under the UK Bribery Act, facilitation payments are prohibited;

- under the Foreign Corrupt Practices Act, the facilitating payments exception applies only when a payment is made to further “routine governmental action” that involves non-discretionary acts.

Examples of “routine governmental action” include processing visas, providing police protection or mail services, and supplying utilities like phone services, power, and water.

FRAUDULENT STATEMENTS

Financial statements fraud is defined as deliberate misstatements or omissions of amounts or disclosures of financial statements to deceive financial statements users, particularly investors and creditors. It may involve for example the falsification or alteration of material financial records; the deliberate misapplication of accounting principles; the misrepresentations of transactions, the intentional omissions of disclosure, etc.

Non-financial statements fraud is defined as a voluntary misstatements or omissions of any information (HR, market information, etc.) which is disclosed publicly with the intention to mislead the reader.

HARASSMENT

Harassment is defined as repeated acts (including written and verbal language) by an individual, that are intended to, or that result in, degrading another individual’s working conditions and therefore causing causing degradation to their rights at work dignity, mental or physical health, on professional evolution.

JOINT VENTURE

JV refer to a contractual business arrangement between two or more parties where they agree to pool their resources for the purpose of accomplishing a specific task (project or any other business activity), during a period of time. The goals of the JV and the mutual responsibilities of the parties are defined on the JV agreement. Depending on the legal framework, JV may not always be considered as a legal entity/person.

THIRD PARTY

A third party or intermediary refer to any external service providers who act on behalf of the Company or in the name of the company with third parties.

Intermediaries can be customs agents, business finders/developers, consultants, travel agents, tax advisers, law firms, external auditors, brokers, etc.

Summary