DOWNEAST Anti-Corruption Policy

All business activities pursuant to agreements with DownEast (including all of its subsidiaries) shall be undertaken in accordance with this DownEast Anti-Corruption Policy (the “ DownEast Policy”) and the Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (the “FCPA”).

Section 1.  Anti-Corruption Compliance
No payments of money, or anything of value, shall be made, nor shall such be offered, promised or paid, directly or indirectly, to a government official (described herein) with the intent to influence the acts of such official in his official capacity or to induce him to use his influence with a government to obtain or retain business or gain an improper advantage in connection with any business venture or contract in which DownEast is a participant.

A government official can include an official (elected, appointed, or career) or employee of a government, including inspectors, customs officials, police officers, etc.  The term “government” or “government official” includes, as applicable:

  • any governmental agency, department, instrumentality, ministry, commission, committee or any other body of a non-U.S. national, state or local government;  

  • an officer or employee of a government-owned or government-controlled business, corporation, company or organization (Note in some countries, an employee of the chamber of commerce or other pro-business entity may be considered a quasi-governmental official under the FCPA);  

  • an official or employee of a public international organization (e.g., Olympics Committees, United Nations, World Bank, World Trade Organization, World Customs Organization);  

  • an individual acting for or on behalf of a government or public international organization even though he may not be an employee of such government or organization (such as an uncompensated honorary official or a member of a royal family);  or

  • a political party or official thereof, or a candidate for political office.

The DownEast Policy and the laws in some countries in which DownEast conducts business, such as China and Hong Kong, also prohibit commercial bribery, which refers to the practice of giving something of value to an intermediary (i.e., a customer’s employee), usually without the knowledge of upper management, and with the intention of influencing the customer’s commercial conduct.  Accordingly, the DownEast Policy prohibits DownEast’s employees and agents from giving or receiving anything of significant value for the purpose of gaining an improper advantage in any transaction with actual or potential customers, vendors or suppliers.  

Section 2.  Acknowledgment
Any party that contracts with DownEast agrees to immediately inform DownEast should information arise that the contracting party or any of its employees, agents or related parties have engaged in any activities that appear to be in violation of the DownEast Policy or the FCPA.

DownEast reserves the right to immediately terminate a contract should DownEast become aware that a contracting party has acted in a manner inconsistent with the DownEast Policy or the FCPA.

Upon entering into agreements with DownEast, each contracting party acknowledges that it has read, understood, and will be subject to and comply with the foregoing DownEast Policy.

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