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            Welcome to
            Ethics and
      Code of Conduct Training




1
Ethics and Compliance Training
    Purpose of Meeting:

     Understanding and adhering
     to the Code of Ethics and
     Standards of Conduct
     Guidelines is critical to the
     success of our business and
                                      Badge 12034
                                      Employee


     is a condition of employment
     The purpose of this session is
     to provide you with
     information regarding
     individual and organizational
2    responsibilities
Ethics and Compliance Training


    •Your Company is committed to:
      – High moral and ethical standards
      – Conducting business with honesty
        and integrity
      – Complying with all applicable laws
      – Meeting obligations to all who have a
        personal, professional or financial
        stake in what we do
3
Ethics and Compliance Training


                                     Who me?

     We are all personally
     responsible     and accountable
     for achieving the highest
     standards of conduct in all
     aspects of our work

4
Ethics and Compliance Training

     Along with other USA leading
     organizations, we have pledged to
     promote ethical business conduct through
     the implementation of policies,
     procedures, and programs in several
     areas, including:
        conducting regular ethics training
        developing internal reporting mechanisms for
         alleged misconduct
        self-governance through the implementation of
         processes to monitor compliance and voluntary
         disclosure of violations to the government
        accountability to the public
5
Ethics and Code of Conduct Training


                               2012

    Code of Ethics                        Code of
                                           Ethics
    The principles that
    govern us in our daily             Standards
                                      of Conduct
    work

    Standards of Conduct
    Your Company’s
    policies that are in
    compliance with laws
    and regulations
    applicable to our
6
Ethics and Code of Conduct Training
    Ethics and Code of Conduct Guidelines Cover:

     1.     Business courtesies       If you don’t
                                    understand your
     2.     Kickbacks               responsibilities,
                                    ask questions.
     3.     Conflicts of interests
     4.     Confidential information
     5.     Use of company
            resources
     6.     Complete and accurate
            books, records, and
            communications
     7.     Bidding, negotiation, and
7
Ethics and Code of Conduct Training
    ……..Continued
    7. Charges to the government
    8. Relationships with suppliers and
       representatives
    9. Violation of standards by others
    10.Insider information and investment in
       securities
    11.Antitrust and restriction of trade
    12.International business practices
    13.Work place relationships and proper
       conduct
    14.Corporate citizenship and relations
       with the community
8   15.Political contributions
Ethical Principles Applied to Your Work Life

     • Adhering to all the codes and
       standards identified in our
       guidelines is important and
       fundamental to staying in
       business
     • For purposes of this session, we
       will focus on 6 of the areas
       identified, because:
        – experience tell us that we need
          to clearly communicate what is
          expected from employees in
9
          these areas
Ethics and Code of Conduct Training

       • Before we get started :
          – It is critical to understand that many of the
            laws and regulations are more complicated
            than the examples illustrated. The examples
            are for given purposes.
          – Be sure and contact the appropriate expert
            resource to understand the business
            requirements. Never assume that you know
            all the answers.
             • Remember, honest mistakes can
               result in phenomenal penalties for
               your company
10
Ethics and Code of Conduct Training

                   Today’s Areas of Focus
                   Conflicts of interests
                   Confidential
                   information
       Complete and accurate books,
        records, and communications
       International business practices
       Use of company resources
       Work place relationships and
11
Ethics and Code of Conduct Training
     Conflict of Interest




       •Employees are prohibited from
        having personal, business, or
        financial interests that are in
        conflict with their responsibility to
        your company
       •All business decisions should be
12
        made in the best interests of your
Ethics and Code of Conduct Training
     Conflict of Interest

     • Company policy prohibits employees
       from serving as consultants to, or as
       directors, officers, or part-time
       employees of companies that
       compete or deal with your company,
       or that seek to do so, unless the
       required management approval has
       been given in accordance with
       company “Standards of Conduct”
     • Employees are required to report
       and disclose to appropriate company
       personnel all their outside business
13     activities that may be a conflict of
Ethics and Code of Conduct Training
     Confidential Information

      •All employees must protect company
       confidential and intellectual property
      •Intellectual property includes:
        – Patents and copyrights - exclusively federal
          rights
        – Trademarks - can be federal, state or common-
          law
        – Trade secrets (proprietary or confidential
          information that is not in public domain)
      •Theft of trade secrets is a Federal criminal
       offense under the Economic Espionage Act
       and can be punishable by fines and
14     imprisonment
Ethics and Code of Conduct Training
     Confidential Information

     •Your company restricts the
      usage of confidential and
                                               XYZ
      intellectual property                 COMPETITOR

       – Prohibits unauthorized
         possession,use, alteration,
         destruction, or disclosure of
         company sensitive data          Proprietary
                                         Information
       – Cautions employees to
         ensure that all suppliers’,
         customers’ and joint venture
15
         partners’ proprietary and
Ethics and Code of Conduct Training
     Confidential Information

       • Confidential Information Includes:
         – Acquisition-related information,
           proprietary and source selection
           information
         – Information regarding
           employees or former employees
           given to outside organizations or
           individuals
         – Employees seeking or accepting
           information from a competitor or
           customer to which the company
16         is not legitimately entitled
Ethics and Code of Conduct Training
     Complete & Accurate Books, Records, & Communication


      • All company documents, including
        internal or external
        correspondence, or
        communications of any type, must
        be prepared completely,
        accurately and honestly, i.e., test
        and inspection reports, proposals,
        safety records
      • All disbursements of funds and
17      receipts, such as expense reports
Ethics and Code of Conduct Training
     Complete & Accurate Books, Records, & Communication

       • Remember:
         – Cost or Pricing Data Disclosure -
           never intentionally withhold pertinent
           cost or pricing data from the
           customer during negotiations
         – Contract Performance - never
           conceal information concerning
           substandard or non- performance
           issues, where such issues might not
           be apparent to the customer
         – Support to Post Award Audits or
           Investigations - never intentionally
18
           withhold or destroy data requested in
Ethics and Code of Conduct Training
     Complete & Accurate Books, Records, & Communication


       • Inaccurate description of           Our rates are too high?
                                                       or
         labor costs, such as                  You are over the

         falsifying a timecard, is              budgeted hours
                                             Charge the remainder
         strictly prohibited                       to ……….


       • Employees shall not
         intentionally allocate
         costs to contracts
         contrary to contract
         provisions
       • Managers or supervisors
         shall not direct any
19
         employee to submit time
Ethics and Code of Conduct Training
     International Business Practices


       Your Company is a global
       organization
        – Many domestic employees are
          involved in International
          business       transactions
        – International transactions must
          conform to both United States
          and any foreign laws that
          govern these transactions
        – Employees need to understand
          the legal requirements when
          conducting international
20        business transactions
Ethics and Code of Conduct Training
     International Business Transactions Examples - Not Inclusive

       • Implementing programs that have
         international work
         including discussing cost and price data
         with a non-US customer
       • Conducting any business transaction with
         individual(s) who is not a US citizen or a
         Permanent Resident
       • Hiring employees to work outside of in
         the USA
       • Transferring information that is outside of
         public domain (faxing information,
         Intranet, cc:mail, etc.)
       • Record keeping
21
       • Escorting a non-US citizen/Permanent
Ethics and Code of Conduct Training
     International Business Practices

 • Foreign Corrupt Practices Act
     – Employee may not corruptly offer or give
       money or anything of value, directly or
       indirectly, through agents or intermediaries,
       to foreign officials or political candidates to:
        • assist in obtaining or retaining business
        • secure any improper advantage


22
Ethics and Code of Conduct Training
     International Business Practices
      • The Arms Export Control Act Prohibits:
         – Sending or taking a Defense article out of
           the US
         – Disclosing or transferring by any means
           technical data to a non-US citizen in the US
           or abroad without export approval from the
           State Department
      • When in doubt, always contact the Export
        Administrator or the Legal Department
23
Ethics and Code of Conduct Training
     International Business Practices
                                        I need to
                                        make a
     • Employees dealing with           call.

          international customers
               and suppliers should
       contact              the Legal
       Department to:
       – Ensure that they are complying
               with the Foreign laws and
         US        legal requirements
       – Identify any specific training
         needs
24
Ethics and Code of Conduct Training
     Use of Company Resources

     •Company policy prohibits the
      improper or personal use of company
      or customer assets, including:
       – computer
                                Proprietar
       – software               y
                                Informatio
       – technology and patentsn
       – communication and copying
          equipment
       – office supplies

25
Ethics and Code of Conduct Training
     Use of Company Resources


     • Misuse of Company Resources
       Includes:                 My kids could really
       – Unauthorized destruction of school supplies...
                                        use some new


         property
       – Taking company property for
          unauthorized personal use
       – Inappropriate use of the Internet
       – Using the company telephone,
              credit card, etc., for
26
Ethics and Code of Conduct Training
     Use of Company Resources


      • Protecting all
        company assets,
        including physical
        property and
        intangible assets
        (such as data and
        software) against
        loss, theft and misuse
27      is every employee's
Ethics and Code of Conduct Training
     Workplace Relationships and Proper Conduct

     • Employees must be fair, honest
       and in compliance with the law in
       all business relationships
     • Discrimination against any
       employee or individual involved
       in our daily business dealings is
       prohibited
     • Harassment of any kind or
       nature, including sexual
28
       harassment, is prohibited and
Ethics and Code of Conduct Training
      Workplace Relationships and Proper Conduct

     • Illegal possession, use,
       manufacture, distribution,
       dispensing, sale, purchase or
       transfer of drugs or other controlled
       substances while on company
       premises or while conducting
       company business is prohibited
     • If you have a substance abuse
       problem or concern, contact your
29
Ethics Scenarios
                         I know a way
                       to get easy money                      Never! I don’t
        Gosh, I am         and relax!                         care what the
         so tired,                                           temptations are!
     overworked and
       underpaid....



                                     Trade
                                     Secrets




     In the following section, there are 17 hypothetical
     scenarios that identify “possible consequences” of
     an individual’s behavior. Examples provided are
     for illustrative purposes only.
30
Ethics Scenarios

     Each scenario has a “Situation” viewgraph
      followed by a viewgraph that identifies
      “Perceptions” and/or “Possible
      Consequences”.
     Consequences identified in the Scenarios
      can vary based on circumstances and
      situations.
     Before we proceed to the “Perceptions”
      and/or “Possible Consequences” viewgraph,
      think about the possible consequences...
31
Ethics Scenarios

     Your company reserves the right to determine the
      appropriate corrective action based on the
      individual situation and circumstances.
     Remember, consequences for violations of the
      Code of Ethics and Standards of Conduct
      Guidelines can vary depending on many different
      circumstances.
     Corrective action (disciplinary action can range
      from a verbal warning up to and including
      termination of employment.)

32
Conflict of Interest
     Scenario 1
     Situation:
     A vendor knows a company
     employee loves to play golf and
                                What’s the
     invites the employee to a golfin a
                                harm

     tournament. Vendor wines and
                                little golf?


     dines the employee and pays
     for all expenses.



33
Conflict of Interest
     Scenario 1

     Employee’s Perception:
     •Employee believes that the
      activity is okay since it is not
      during business hours.

     Possible Consequences:
     •Competing vendors may claim
      contract award violated
      government procurement
      guidelines
     •Employee receives corrective
34
      action for inappropriate behavior
Confidential Information
     Scenario 2
      Situation:
      Your company has a partnership
      with a business that is also a
      competitor, Company Z.

      A manager of your company is
      hosting a meeting and allows
      Company Z free access to the
      facility. Company Z has not signed a
      confidentiality agreement and has no
      restrictions or identifying
      information on visitor badge.
35
Confidential Information
     Scenario 2
     Manager’s Perception:
     •Competitor is a “nice guy”,
      wouldn’t harm a fly

     Possible Consequences:
     •Company is violating security
      regulations
     •Company sensitive
      documentation can be stolen,
36
      observed or photographer
Confidential Information
     Scenario 3

     Situation:
     Employee discusses complexities
     associated with composite
     materials with a customer, who is
     having difficulty with a math
     problem. Employee won’t give out
     the document because it is marked
     “Proprietary Information,” but
     gives some of the information
     contained in the document
37   including the mathematical
Confidential Information
     Scenario 3
     Possible Consequences:

     • Verbal disclosure of data offers no
       protection from misuse or further
       disclosure of the information unless
       the customer signed a confidentiality
       agreement, or employee informed
       customer the information to be
       disclosed is confidential.
     • Divulging information could jeopardize
       your company’s future success,
       proprietary data can be a strategic
       advantage against competitors.
38   • Employee receives corrective action.
Confidential Information
     Scenario 4
     Situation:
     Employee Z has access to
     Employee B’s records, i.e.,
     performance appraisal and salary
     information. Employee Z is very
     upset because Employee B
     received an “Exceptional” rating
     and believes the manager is
     playing favorites. Employee Z
     tells a co-worker about the
     situation.
39
Confidential Information
     Scenario 4

     Possible Consequences:
     •Employee Z receives corrective
      action for violating
      confidentiality related to another
      employee’s records
     •Employee Z is reassigned to a
      position where confidentiality is
      not required
     •Employee B finds out about
40    breach of confidentiality and
Use of Company Resources
     Scenario 5

      Situation:
      Employee is accessing
      pornographic material through
      the Internet               No one will
                               know if I visit this
                                  web site
      during non-working hours




41
Use of Company Resources
     Scenario 5

      Employee’s Perception:
      •Employee believes he/she is
        not hurting anyone, after all, it
        is after hours and he/she has
        already worked 8 hours
      Possible Consequences:
      •Routine audits of Internet
        usage reveals
         company policy is violated
42
      •
Use of Company Resources
     Scenario 6

      Situation:
      Employee brings home
      excess
      equipment that appears to
      be
      discarded



43
Use of Company Resources
     Scenario 6
      Perceptions:
      • Co-workers would have liked to have an
        opportunity to “take home” equipment
      • Employee believes he/she was doing the
        company “a favor” by off-loading
        discarded equipment


      Possible Consequences:
      • Equipment is the property of the
        government and restitution must be made
      • May affect approval of property system
      • Employee receives corrective action for
        misuse of company property
44
Charges to the Government
     Scenario 7

     Situation:
     Employee frequently leaves work
     early yet indicates he/she worked
     8 hours.
     Supervisor knowingly signs
     the timecard each Friday.




45
Charges to the Government
     Scenario 7

     Possible Consequences:
     • Employee and supervisor receive
       corrective action including possible
       termination of employment

     • Inappropriate time charging must be
       reconciled

     • Government criminal prosecution
       resulting in fines and or penalties for
       employee and supervisory
46
Charges to the Government
     Scenario 8
      Situation:
      Employee’s supervisor is
      putting pressure on an
      employee to keep indirect or
      project costs down. Supervisor
      suggests that the
      employee use an incorrect
      charge number and the
      employee complies.

47
Charges to the Government
     Scenario 8
      Possible Consequences:
      •Employee and supervisor both
       receive corrective actions up to
       and including termination of
       employment
      •Inappropriate time charging
       must be reconciled
      •Adverse government action
       (debarment for fraudulent labor,
       criminal action resulting in fines
48
       and possible prison terms)
Complete and Accurate Books, Records,
     and Communications - Scenario 9
     Situation:
     Employee attends company
     sponsored training. Submits
     Expense Report for meals not
     eaten or inflates the amount
     of the cost of the meals.    $36




49
Complete and Accurate Books, Records,
     and Communications - Scenario 9
     Employee’s Perception:
     Everyone does it - they get a per diem
       so it is okay
     Possible Consequences:
     • Employee receives corrective action
     • Inappropriate charging must be
       reconciled
     • Government decrements company
       overhead rates due to perceived lack
       of controls
     • Government mandates receipts for
       all expenses before allowing charges
50
Complete and Accurate Books, Records,
     and Communications - Scenario 10
      Situation:
      Employee signs off on an
      inspection check that never
      occurred.




51
Complete and Accurate Books, Records,
     and Communications - Scenario 10
      Employee’s Perception:
      Employee is in a hurry to get home
      and believes that “no harm” can
      occur given the nature of the check.

      Possible Consequences:
      •Employee receives corrective
      action
      •Faulty or unsafe product
      •Adverse government action ranging
      from increased government
      inspection and/or oversight to
52
      potential prosecution
International Business Practices
     Scenario 11

     Situation:
     Domestic employee arranges a
     site visit for a group of foreign
     nationals who are potential
     customers and will
     have access to technical data
     without obtaining a foreign Welcome to the
                                  United States
     export license


53
International Business Practices
     Scenario 11
      Perception:
      •Employee is acting pro-actively
       and in the best interests of the
       company.
      Possible Consequences:
      •Employee failed to adhere to
       federal laws/ITAR regulations
      •Embarrassment to a potential
       client
54    •Loss of security clearance
International Business Practices
     Scenario 12
      Situation:
      A company vendor wants to ship
      parts to company’s overseas
      customer. Vendor requests
      company’s export license
      information and ships parts.
      Vendor ships the parts not
      covered by export license.


55
International Business Practices
     Scenario 12

     Perception:
     •Harmless, honest mistake
     Possible Consequences:
     •US Government seizure of parts
      and everything related to export
      license
     •Jeopardizes company’s ability to
      do Defense work in international
      arena
56
     •Heavy fine sanction against
Workplace Relationships and Proper
     Conduct, Scenario 13


      Situation:
      Employee receives an
      e-mail from an outside
      party that has several
      offensive jokes.
      Employee copies the
      jokes and distributes
      them to several co-
      workers.
57
Workplace Relationships and Proper
     Conduct, Scenario 13

      Employee Perception:
      •The jokes are harmless and
       were given
       to friends
      •No offense or harm was meant
      Possible Consequences:
      •Receiving employee(s) was
       offended and reports the
       incident
      •Federal & State laws &
58
       Company policy violated
Workplace Relationships and Proper
     Conduct, Sexual Harassment, Scenario 14

      Situation:
      Female supervisor is                  Good morning Bob,
      always standing very                you’re looking
                                               good today.
      close to her employees,               About that report...

      frequently touching them
      (in a non-sexual manner),
      when she discusses
      business.
      She is very
      complimentary, always
      telling the employee
59
      he/she looks nice today,
Workplace Relationships and Proper
     Conduct, Sexual Harassment, Scenario 14

      Employee Perception:
      •Employee feels sexually harassed
       by supervisor.
      Possible Consequences:
      •Supervisor may have meant no
       harm and uses the same
       approach with everyone, male or
       female.
      •Supervisor is counseled on
       interpersonal skills; for instance,
60
       not touching employees, giving
Workplace Relationships and Proper
     Conduct, Sex Discrimination, Scenario 15

      Situation:                 May I have
      Supervisor is always giving the
                                this dance?

      “preferred assignments” to
      opposite sex employees X & Y
      who report to him/her.
      Supervisor
      and employees X & Y are also
      recreational friends, go
      bowling,
      dancing, a couple of drinks on
61
      Friday nights, etc.
Workplace Relationships and Proper
     Conduct, Sex Discrimination, Scenario 15

      CoWorker’s Perceptions:
      • Supervisor is discriminating
        against individuals that do not
        “hang out with” him/her.
        Impacts promotions, etc.
      Possible Consequences:
      • Supervisor is using poor
        discretion in the type of
        socializing he or she is doing
        with employees X & Y.
62
      • Supervisor is counseled on
Workplace Relationships and Proper
     Conduct, Harassment, Scenario 16

      Situation:
      Employee finds notes left on
      his/her desk first thing in the
      morning. Notes have harassing
      and threatening statements and
      inappropriate pictures drawn on
      them.



63
Workplace Relationships and Proper
     Conduct, Harassment, Scenario 16

      Employee’s Perceptions:
      • He/she is being harassed and or
        discriminated against because of their
        religion, sex, sexual preferences,
        color, age, weight, race, etc.
      Possible Consequences:
      • If the individual leaving the notes is
        caught, this person could be
        terminated on first offense depending
        on the seriousness.
      • Individual being
64      harassed/discriminated against can
Workplace Relationships and Proper
     Conduct, Drug or Alcohol, Scenario 17

      Situation:
      Employee frequently returns to
      work after lunch with alcohol on
      his/her breath and acts
      disoriented. Employee refuses to
      take a drug/alcohol test or seek
      help through the EAP program
      when confronted by HR and their
      manager.

65
Workplace Relationships and Proper
     Conduct, Drug or Alcohol, Scenario 17

      Possible Consequences:
      •If this is a first time occurrence,
       the employee has an
       opportunity to seek help
       through the EAP or a qualified
       Rehabilitation program.
      •If employee refuses to seek
       help or if the employee has
       violated an agreement
       regarding rehab, termination of
66
       employment can result.
Ethics and Code of Conduct Training

     Remember,
     •Consequences for violations of
      the Code of Conduct and Ethics
      Guidelines can vary depending on
      many different circumstances.
     •Ask questions. Although it was
      evident in many of the situations
      that the employee had violated
      company policies and procedures,
      some of the stituations could have
      been avoided if the individual had
      understood their responsibilities
67
Ethics and Code of Conduct Training
     Purpose of Training:
      Now that you have had an
       opportunity to complete this
       Ethics and Compliance training
       session, remember:

      • Understanding and adhering to       Badge 12034
        the Code of Ethics and Standards    Employee

        of Conduct Guidelines is critical
        to the success of our business
        and is a condition of employment
      • You are personally responsible
        and accountable for achieving the
        highest standards of conduct in
        all aspects of our work
68
Ethics and Code of Conduct Training
     It is your personal responsibility to:
     • Become familiar with the Code of
       Ethics and Standards of Conduct
       guidelines and abide by them
     • Promptly and accurately report
       violations -   you can do so
       without fear of retaliation
     • Talk to your supervisor, manager
       or HR representative if you have
       questions or concerns
     • Ask a company expert for
       guidance in areas that are
69
       unclear to you, such as
Ethics and Code of Conduct
      Training Ethics Program
     • Call the Ethics Helpline if
       you have questions or
       concerns at 1*888*xxx-
       xxxx
     • Access Intranet to learn
       more about your
       company’s Ethics
       Program, WWW.xxxx.COM/
     • Obtain a postage paid
70
       Ethics Write-It (located in
Ethics and Code of Conduct Training




       Your company’s success
       and reputation are
       dependent upon our
       collective efforts to create
71     and maintain an ethical
Ethics and Code of Conduct Training




           Ethics ...
           Take It With You




72

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Ethics Briefing

  • 1. INSERT COMPANY NAME Welcome to Ethics and Code of Conduct Training 1
  • 2. Ethics and Compliance Training Purpose of Meeting: Understanding and adhering to the Code of Ethics and Standards of Conduct Guidelines is critical to the success of our business and Badge 12034 Employee is a condition of employment The purpose of this session is to provide you with information regarding individual and organizational 2 responsibilities
  • 3. Ethics and Compliance Training •Your Company is committed to: – High moral and ethical standards – Conducting business with honesty and integrity – Complying with all applicable laws – Meeting obligations to all who have a personal, professional or financial stake in what we do 3
  • 4. Ethics and Compliance Training Who me? We are all personally responsible and accountable for achieving the highest standards of conduct in all aspects of our work 4
  • 5. Ethics and Compliance Training Along with other USA leading organizations, we have pledged to promote ethical business conduct through the implementation of policies, procedures, and programs in several areas, including: conducting regular ethics training developing internal reporting mechanisms for alleged misconduct self-governance through the implementation of processes to monitor compliance and voluntary disclosure of violations to the government accountability to the public 5
  • 6. Ethics and Code of Conduct Training 2012 Code of Ethics Code of Ethics The principles that govern us in our daily Standards of Conduct work Standards of Conduct Your Company’s policies that are in compliance with laws and regulations applicable to our 6
  • 7. Ethics and Code of Conduct Training Ethics and Code of Conduct Guidelines Cover: 1. Business courtesies If you don’t understand your 2. Kickbacks responsibilities, ask questions. 3. Conflicts of interests 4. Confidential information 5. Use of company resources 6. Complete and accurate books, records, and communications 7. Bidding, negotiation, and 7
  • 8. Ethics and Code of Conduct Training ……..Continued 7. Charges to the government 8. Relationships with suppliers and representatives 9. Violation of standards by others 10.Insider information and investment in securities 11.Antitrust and restriction of trade 12.International business practices 13.Work place relationships and proper conduct 14.Corporate citizenship and relations with the community 8 15.Political contributions
  • 9. Ethical Principles Applied to Your Work Life • Adhering to all the codes and standards identified in our guidelines is important and fundamental to staying in business • For purposes of this session, we will focus on 6 of the areas identified, because: – experience tell us that we need to clearly communicate what is expected from employees in 9 these areas
  • 10. Ethics and Code of Conduct Training • Before we get started : – It is critical to understand that many of the laws and regulations are more complicated than the examples illustrated. The examples are for given purposes. – Be sure and contact the appropriate expert resource to understand the business requirements. Never assume that you know all the answers. • Remember, honest mistakes can result in phenomenal penalties for your company 10
  • 11. Ethics and Code of Conduct Training Today’s Areas of Focus Conflicts of interests Confidential information Complete and accurate books, records, and communications International business practices Use of company resources Work place relationships and 11
  • 12. Ethics and Code of Conduct Training Conflict of Interest •Employees are prohibited from having personal, business, or financial interests that are in conflict with their responsibility to your company •All business decisions should be 12 made in the best interests of your
  • 13. Ethics and Code of Conduct Training Conflict of Interest • Company policy prohibits employees from serving as consultants to, or as directors, officers, or part-time employees of companies that compete or deal with your company, or that seek to do so, unless the required management approval has been given in accordance with company “Standards of Conduct” • Employees are required to report and disclose to appropriate company personnel all their outside business 13 activities that may be a conflict of
  • 14. Ethics and Code of Conduct Training Confidential Information •All employees must protect company confidential and intellectual property •Intellectual property includes: – Patents and copyrights - exclusively federal rights – Trademarks - can be federal, state or common- law – Trade secrets (proprietary or confidential information that is not in public domain) •Theft of trade secrets is a Federal criminal offense under the Economic Espionage Act and can be punishable by fines and 14 imprisonment
  • 15. Ethics and Code of Conduct Training Confidential Information •Your company restricts the usage of confidential and XYZ intellectual property COMPETITOR – Prohibits unauthorized possession,use, alteration, destruction, or disclosure of company sensitive data Proprietary Information – Cautions employees to ensure that all suppliers’, customers’ and joint venture 15 partners’ proprietary and
  • 16. Ethics and Code of Conduct Training Confidential Information • Confidential Information Includes: – Acquisition-related information, proprietary and source selection information – Information regarding employees or former employees given to outside organizations or individuals – Employees seeking or accepting information from a competitor or customer to which the company 16 is not legitimately entitled
  • 17. Ethics and Code of Conduct Training Complete & Accurate Books, Records, & Communication • All company documents, including internal or external correspondence, or communications of any type, must be prepared completely, accurately and honestly, i.e., test and inspection reports, proposals, safety records • All disbursements of funds and 17 receipts, such as expense reports
  • 18. Ethics and Code of Conduct Training Complete & Accurate Books, Records, & Communication • Remember: – Cost or Pricing Data Disclosure - never intentionally withhold pertinent cost or pricing data from the customer during negotiations – Contract Performance - never conceal information concerning substandard or non- performance issues, where such issues might not be apparent to the customer – Support to Post Award Audits or Investigations - never intentionally 18 withhold or destroy data requested in
  • 19. Ethics and Code of Conduct Training Complete & Accurate Books, Records, & Communication • Inaccurate description of Our rates are too high? or labor costs, such as You are over the falsifying a timecard, is budgeted hours Charge the remainder strictly prohibited to ………. • Employees shall not intentionally allocate costs to contracts contrary to contract provisions • Managers or supervisors shall not direct any 19 employee to submit time
  • 20. Ethics and Code of Conduct Training International Business Practices Your Company is a global organization – Many domestic employees are involved in International business transactions – International transactions must conform to both United States and any foreign laws that govern these transactions – Employees need to understand the legal requirements when conducting international 20 business transactions
  • 21. Ethics and Code of Conduct Training International Business Transactions Examples - Not Inclusive • Implementing programs that have international work including discussing cost and price data with a non-US customer • Conducting any business transaction with individual(s) who is not a US citizen or a Permanent Resident • Hiring employees to work outside of in the USA • Transferring information that is outside of public domain (faxing information, Intranet, cc:mail, etc.) • Record keeping 21 • Escorting a non-US citizen/Permanent
  • 22. Ethics and Code of Conduct Training International Business Practices • Foreign Corrupt Practices Act – Employee may not corruptly offer or give money or anything of value, directly or indirectly, through agents or intermediaries, to foreign officials or political candidates to: • assist in obtaining or retaining business • secure any improper advantage 22
  • 23. Ethics and Code of Conduct Training International Business Practices • The Arms Export Control Act Prohibits: – Sending or taking a Defense article out of the US – Disclosing or transferring by any means technical data to a non-US citizen in the US or abroad without export approval from the State Department • When in doubt, always contact the Export Administrator or the Legal Department 23
  • 24. Ethics and Code of Conduct Training International Business Practices I need to make a • Employees dealing with call. international customers and suppliers should contact the Legal Department to: – Ensure that they are complying with the Foreign laws and US legal requirements – Identify any specific training needs 24
  • 25. Ethics and Code of Conduct Training Use of Company Resources •Company policy prohibits the improper or personal use of company or customer assets, including: – computer Proprietar – software y Informatio – technology and patentsn – communication and copying equipment – office supplies 25
  • 26. Ethics and Code of Conduct Training Use of Company Resources • Misuse of Company Resources Includes: My kids could really – Unauthorized destruction of school supplies... use some new property – Taking company property for unauthorized personal use – Inappropriate use of the Internet – Using the company telephone, credit card, etc., for 26
  • 27. Ethics and Code of Conduct Training Use of Company Resources • Protecting all company assets, including physical property and intangible assets (such as data and software) against loss, theft and misuse 27 is every employee's
  • 28. Ethics and Code of Conduct Training Workplace Relationships and Proper Conduct • Employees must be fair, honest and in compliance with the law in all business relationships • Discrimination against any employee or individual involved in our daily business dealings is prohibited • Harassment of any kind or nature, including sexual 28 harassment, is prohibited and
  • 29. Ethics and Code of Conduct Training Workplace Relationships and Proper Conduct • Illegal possession, use, manufacture, distribution, dispensing, sale, purchase or transfer of drugs or other controlled substances while on company premises or while conducting company business is prohibited • If you have a substance abuse problem or concern, contact your 29
  • 30. Ethics Scenarios I know a way to get easy money Never! I don’t Gosh, I am and relax! care what the so tired, temptations are! overworked and underpaid.... Trade Secrets In the following section, there are 17 hypothetical scenarios that identify “possible consequences” of an individual’s behavior. Examples provided are for illustrative purposes only. 30
  • 31. Ethics Scenarios Each scenario has a “Situation” viewgraph followed by a viewgraph that identifies “Perceptions” and/or “Possible Consequences”. Consequences identified in the Scenarios can vary based on circumstances and situations. Before we proceed to the “Perceptions” and/or “Possible Consequences” viewgraph, think about the possible consequences... 31
  • 32. Ethics Scenarios Your company reserves the right to determine the appropriate corrective action based on the individual situation and circumstances. Remember, consequences for violations of the Code of Ethics and Standards of Conduct Guidelines can vary depending on many different circumstances. Corrective action (disciplinary action can range from a verbal warning up to and including termination of employment.) 32
  • 33. Conflict of Interest Scenario 1 Situation: A vendor knows a company employee loves to play golf and What’s the invites the employee to a golfin a harm tournament. Vendor wines and little golf? dines the employee and pays for all expenses. 33
  • 34. Conflict of Interest Scenario 1 Employee’s Perception: •Employee believes that the activity is okay since it is not during business hours. Possible Consequences: •Competing vendors may claim contract award violated government procurement guidelines •Employee receives corrective 34 action for inappropriate behavior
  • 35. Confidential Information Scenario 2 Situation: Your company has a partnership with a business that is also a competitor, Company Z. A manager of your company is hosting a meeting and allows Company Z free access to the facility. Company Z has not signed a confidentiality agreement and has no restrictions or identifying information on visitor badge. 35
  • 36. Confidential Information Scenario 2 Manager’s Perception: •Competitor is a “nice guy”, wouldn’t harm a fly Possible Consequences: •Company is violating security regulations •Company sensitive documentation can be stolen, 36 observed or photographer
  • 37. Confidential Information Scenario 3 Situation: Employee discusses complexities associated with composite materials with a customer, who is having difficulty with a math problem. Employee won’t give out the document because it is marked “Proprietary Information,” but gives some of the information contained in the document 37 including the mathematical
  • 38. Confidential Information Scenario 3 Possible Consequences: • Verbal disclosure of data offers no protection from misuse or further disclosure of the information unless the customer signed a confidentiality agreement, or employee informed customer the information to be disclosed is confidential. • Divulging information could jeopardize your company’s future success, proprietary data can be a strategic advantage against competitors. 38 • Employee receives corrective action.
  • 39. Confidential Information Scenario 4 Situation: Employee Z has access to Employee B’s records, i.e., performance appraisal and salary information. Employee Z is very upset because Employee B received an “Exceptional” rating and believes the manager is playing favorites. Employee Z tells a co-worker about the situation. 39
  • 40. Confidential Information Scenario 4 Possible Consequences: •Employee Z receives corrective action for violating confidentiality related to another employee’s records •Employee Z is reassigned to a position where confidentiality is not required •Employee B finds out about 40 breach of confidentiality and
  • 41. Use of Company Resources Scenario 5 Situation: Employee is accessing pornographic material through the Internet No one will know if I visit this web site during non-working hours 41
  • 42. Use of Company Resources Scenario 5 Employee’s Perception: •Employee believes he/she is not hurting anyone, after all, it is after hours and he/she has already worked 8 hours Possible Consequences: •Routine audits of Internet usage reveals company policy is violated 42 •
  • 43. Use of Company Resources Scenario 6 Situation: Employee brings home excess equipment that appears to be discarded 43
  • 44. Use of Company Resources Scenario 6 Perceptions: • Co-workers would have liked to have an opportunity to “take home” equipment • Employee believes he/she was doing the company “a favor” by off-loading discarded equipment Possible Consequences: • Equipment is the property of the government and restitution must be made • May affect approval of property system • Employee receives corrective action for misuse of company property 44
  • 45. Charges to the Government Scenario 7 Situation: Employee frequently leaves work early yet indicates he/she worked 8 hours. Supervisor knowingly signs the timecard each Friday. 45
  • 46. Charges to the Government Scenario 7 Possible Consequences: • Employee and supervisor receive corrective action including possible termination of employment • Inappropriate time charging must be reconciled • Government criminal prosecution resulting in fines and or penalties for employee and supervisory 46
  • 47. Charges to the Government Scenario 8 Situation: Employee’s supervisor is putting pressure on an employee to keep indirect or project costs down. Supervisor suggests that the employee use an incorrect charge number and the employee complies. 47
  • 48. Charges to the Government Scenario 8 Possible Consequences: •Employee and supervisor both receive corrective actions up to and including termination of employment •Inappropriate time charging must be reconciled •Adverse government action (debarment for fraudulent labor, criminal action resulting in fines 48 and possible prison terms)
  • 49. Complete and Accurate Books, Records, and Communications - Scenario 9 Situation: Employee attends company sponsored training. Submits Expense Report for meals not eaten or inflates the amount of the cost of the meals. $36 49
  • 50. Complete and Accurate Books, Records, and Communications - Scenario 9 Employee’s Perception: Everyone does it - they get a per diem so it is okay Possible Consequences: • Employee receives corrective action • Inappropriate charging must be reconciled • Government decrements company overhead rates due to perceived lack of controls • Government mandates receipts for all expenses before allowing charges 50
  • 51. Complete and Accurate Books, Records, and Communications - Scenario 10 Situation: Employee signs off on an inspection check that never occurred. 51
  • 52. Complete and Accurate Books, Records, and Communications - Scenario 10 Employee’s Perception: Employee is in a hurry to get home and believes that “no harm” can occur given the nature of the check. Possible Consequences: •Employee receives corrective action •Faulty or unsafe product •Adverse government action ranging from increased government inspection and/or oversight to 52 potential prosecution
  • 53. International Business Practices Scenario 11 Situation: Domestic employee arranges a site visit for a group of foreign nationals who are potential customers and will have access to technical data without obtaining a foreign Welcome to the United States export license 53
  • 54. International Business Practices Scenario 11 Perception: •Employee is acting pro-actively and in the best interests of the company. Possible Consequences: •Employee failed to adhere to federal laws/ITAR regulations •Embarrassment to a potential client 54 •Loss of security clearance
  • 55. International Business Practices Scenario 12 Situation: A company vendor wants to ship parts to company’s overseas customer. Vendor requests company’s export license information and ships parts. Vendor ships the parts not covered by export license. 55
  • 56. International Business Practices Scenario 12 Perception: •Harmless, honest mistake Possible Consequences: •US Government seizure of parts and everything related to export license •Jeopardizes company’s ability to do Defense work in international arena 56 •Heavy fine sanction against
  • 57. Workplace Relationships and Proper Conduct, Scenario 13 Situation: Employee receives an e-mail from an outside party that has several offensive jokes. Employee copies the jokes and distributes them to several co- workers. 57
  • 58. Workplace Relationships and Proper Conduct, Scenario 13 Employee Perception: •The jokes are harmless and were given to friends •No offense or harm was meant Possible Consequences: •Receiving employee(s) was offended and reports the incident •Federal & State laws & 58 Company policy violated
  • 59. Workplace Relationships and Proper Conduct, Sexual Harassment, Scenario 14 Situation: Female supervisor is Good morning Bob, always standing very you’re looking good today. close to her employees, About that report... frequently touching them (in a non-sexual manner), when she discusses business. She is very complimentary, always telling the employee 59 he/she looks nice today,
  • 60. Workplace Relationships and Proper Conduct, Sexual Harassment, Scenario 14 Employee Perception: •Employee feels sexually harassed by supervisor. Possible Consequences: •Supervisor may have meant no harm and uses the same approach with everyone, male or female. •Supervisor is counseled on interpersonal skills; for instance, 60 not touching employees, giving
  • 61. Workplace Relationships and Proper Conduct, Sex Discrimination, Scenario 15 Situation: May I have Supervisor is always giving the this dance? “preferred assignments” to opposite sex employees X & Y who report to him/her. Supervisor and employees X & Y are also recreational friends, go bowling, dancing, a couple of drinks on 61 Friday nights, etc.
  • 62. Workplace Relationships and Proper Conduct, Sex Discrimination, Scenario 15 CoWorker’s Perceptions: • Supervisor is discriminating against individuals that do not “hang out with” him/her. Impacts promotions, etc. Possible Consequences: • Supervisor is using poor discretion in the type of socializing he or she is doing with employees X & Y. 62 • Supervisor is counseled on
  • 63. Workplace Relationships and Proper Conduct, Harassment, Scenario 16 Situation: Employee finds notes left on his/her desk first thing in the morning. Notes have harassing and threatening statements and inappropriate pictures drawn on them. 63
  • 64. Workplace Relationships and Proper Conduct, Harassment, Scenario 16 Employee’s Perceptions: • He/she is being harassed and or discriminated against because of their religion, sex, sexual preferences, color, age, weight, race, etc. Possible Consequences: • If the individual leaving the notes is caught, this person could be terminated on first offense depending on the seriousness. • Individual being 64 harassed/discriminated against can
  • 65. Workplace Relationships and Proper Conduct, Drug or Alcohol, Scenario 17 Situation: Employee frequently returns to work after lunch with alcohol on his/her breath and acts disoriented. Employee refuses to take a drug/alcohol test or seek help through the EAP program when confronted by HR and their manager. 65
  • 66. Workplace Relationships and Proper Conduct, Drug or Alcohol, Scenario 17 Possible Consequences: •If this is a first time occurrence, the employee has an opportunity to seek help through the EAP or a qualified Rehabilitation program. •If employee refuses to seek help or if the employee has violated an agreement regarding rehab, termination of 66 employment can result.
  • 67. Ethics and Code of Conduct Training Remember, •Consequences for violations of the Code of Conduct and Ethics Guidelines can vary depending on many different circumstances. •Ask questions. Although it was evident in many of the situations that the employee had violated company policies and procedures, some of the stituations could have been avoided if the individual had understood their responsibilities 67
  • 68. Ethics and Code of Conduct Training Purpose of Training: Now that you have had an opportunity to complete this Ethics and Compliance training session, remember: • Understanding and adhering to Badge 12034 the Code of Ethics and Standards Employee of Conduct Guidelines is critical to the success of our business and is a condition of employment • You are personally responsible and accountable for achieving the highest standards of conduct in all aspects of our work 68
  • 69. Ethics and Code of Conduct Training It is your personal responsibility to: • Become familiar with the Code of Ethics and Standards of Conduct guidelines and abide by them • Promptly and accurately report violations - you can do so without fear of retaliation • Talk to your supervisor, manager or HR representative if you have questions or concerns • Ask a company expert for guidance in areas that are 69 unclear to you, such as
  • 70. Ethics and Code of Conduct Training Ethics Program • Call the Ethics Helpline if you have questions or concerns at 1*888*xxx- xxxx • Access Intranet to learn more about your company’s Ethics Program, WWW.xxxx.COM/ • Obtain a postage paid 70 Ethics Write-It (located in
  • 71. Ethics and Code of Conduct Training Your company’s success and reputation are dependent upon our collective efforts to create 71 and maintain an ethical
  • 72. Ethics and Code of Conduct Training Ethics ... Take It With You 72