Purpose
The purpose of this Anti-Bribery and Anti-Corruption Policy is to set out the Yücel Cultural Foundation’s principles, prohibitions, control mechanisms and reporting obligations concerning bribery and corruption.
Scope
This policy applies to the following persons and organisations:
- All employees of the Yücel Cultural Foundation, including members of the Board of Directors.
- Persons and organisations acting on behalf of the Foundation, as well as suppliers, service providers, consultants, lawyers, external auditors and other business partners.
This policy forms an integral part of:
- Our Code of Business Ethics, approved by the Board of Directors of the Yücel Cultural Foundation and made publicly available.
- The principles that the Foundation has committed to uphold under the United Nations Global Compact.
- Human-resources practices and internal-control processes.
Definitions
Corruption
The direct or indirect abuse of authority arising from a person’s position in order to obtain any form of gain.
Bribery
The direct or indirect offering, promising, giving, requesting or accepting of an advantage, or acting as an intermediary, in order to cause a person to act contrary to the requirements of their duties.
Roles and responsibilities
The Board of Directors is responsible for implementing and updating this policy. Within this framework:
- Senior management assesses risks in accordance with the principles determined by the Board of Directors and ensures that appropriate control mechanisms are established.
- Internal-audit and legal functions monitor, within their respective areas of responsibility, whether the Foundation’s activities are carried out safely and in compliance with applicable law.
- Reporting, review and sanction mechanisms are operated where policies, rules or regulations are not followed.
All employees have the following responsibilities:
- To comply with the policies determined by the Board of Directors.
- To manage effectively the risks relating to their own areas of activity.
- To work in compliance with applicable legislation and the practices of the Yücel Cultural Foundation.
- To report conduct, activities or practices that may breach this policy to the Ethics Representative or the Ethics Committee.
Business partners
When selecting business partners, the Foundation considers ethical standards and a reliable record in relation to bribery and corruption, in addition to criteria such as experience, financial performance and technical competence.
The Foundation does not work with persons or organisations where there is serious adverse information concerning bribery or corruption, even where other criteria are met. Appropriate research and assessment are carried out before entering into a business relationship.
Suppliers and other business partners are expected to comply with this policy and applicable legislation. A business relationship may be terminated in the event of a serious or repeated breach.
Policies and procedures
Bribery and Corruption
- Corruption may give rise to civil, administrative or criminal consequences in every area in which the Foundation operates.
- Bribery may take the form of directly or indirectly offering, promising, authorising, requesting, giving or receiving a personal advantage. Conduct carried out through an intermediary is also covered.
- Both the person offering a bribe and the person accepting it may face legal, criminal, administrative and contractual consequences.
- It is prohibited to provide, offer or promise a benefit to a public official or a third party in connection with an official act.
- Using Foundation assets without authority for the purpose of bribery may also constitute a breach of trust and cause loss to the Foundation.
Gifts, Invitations and Hospitality
No gift, invitation, donation, assistance or other benefit may be accepted where it could influence, or appear to influence, the outcome of a decision, order, tender or contract.
Gifts from Suppliers, Service Providers or Other Business Partners
All employees, particularly those involved in procurement and supply processes, must be aware that suppliers or business partners may make unethical or inappropriate offers.
- Suppliers are selected solely on the basis of competition, competence, quality, cost and institutional needs.
- Attempts to influence employees’ decisions through gifts, assistance, donations or other benefits are not permitted.
- Employees may not directly or indirectly accept improper benefits, valuable items, loans, commissions, securities, release from debt, employment advantages or similar benefits.
A gift or invitation may be considered only in exceptional circumstances where all of the following conditions are met:
- It is not frequent and does not occur more than once or twice a year from the same business partner.
- The total value received from the same person or organisation in a calendar year is less than TRY 250.
- It arises solely from ordinary business practices or reasonable hospitality and accommodation connected with business.
- It does not breach any law, regulation or institutional policy.
- It has no effect on any current or prospective tender, order, contract or decision and does not create such an appearance.
Examples that may be acceptable depending on the circumstances include:
- Pens, calendars, notebooks, mugs and similar promotional items that generally have no material value.
- Business meals of reasonable value where the business purpose is clear and the invitation is consistent with ordinary business practice.
- Invitations to sporting, musical, cultural, trade-fair or conference events with a direct business purpose, subject to managerial approval and no more than once or twice a year.
The following prohibitions apply in all circumstances:
- Any situation in which a gift or invitation may be connected with an order, tender, contract or other decision.
- The acceptance of cash, gift cards, vouchers or cash equivalents for personal use or for the benefit of a third party.
- Payment by a supplier of an employee’s or accompanying person’s travel or accommodation expenses, unless an exceptional written approval has been obtained in advance.
- Invitations extended to spouses, partners or friends must be declined.
A gift or invitation that cannot be accepted must be declined politely with reference to this policy. A gift sent in advance must be returned. Suspicious offers must be reported immediately to the relevant manager or through the ethics reporting mechanism.
Public Authorities and Public Officials
The rules governing gifts and invitations also apply to public authorities, public officials and third parties connected with them.
- No gift or benefit may be offered where it could influence a public official’s decision in the performance of official duties.
- Offering, promising, giving or authorising money, cash equivalents, gifts, assistance or donations is prohibited as a general rule.
- Ordinary business meals involving public officials require prior managerial approval.
- Facilitation payments intended to secure or accelerate routine actions are prohibited in all circumstances.
Staff Rotation and Internal Controls
- In addition to appropriate recruitment and training practices, internal controls are implemented to reduce corruption risks.
- Where circumstances permit, changes of duty or staff rotation are considered for positions exposed to corruption risks.
- A dual-control principle is applied to commercial transactions of significant value.
- As far as practicable, decisions to place orders, review invoices and approve or allocate payments are carried out by different persons.
- Proportionate exceptions may apply only to very low-value and routine transactions.
Accurate record-keeping
The Foundation’s accounting and record-keeping systems are maintained accurately, completely, transparently and in compliance with applicable legislation.
- Accounts, invoices, contracts and documents relating to suppliers and other third parties are recorded and retained completely and reliably.
- Accounting or other business records may not be altered, and the true nature of a transaction may not be concealed or misrepresented.
Agents and consultants
Prohibitions on bribery and corruption may not be circumvented by appointing an agent, intermediary or consultant. Such relationships must serve a legitimate institutional purpose, be documented in writing and remain auditable.
The following matters are considered in agreements with agents and consultants:
- The identity, address, representative authority and payment bank accounts of the parties are clearly stated.
- Appropriate identity, trade-register and corporate-existence checks are carried out for new or previously unused business partners.
- Enhanced care is exercised where an organisation’s ownership or beneficial owner cannot be identified or where only a post-office-box address is used.
- The scope of services, expected deliverables, success criteria, duration, renewal conditions and fee are clearly defined.
- The fee must be reasonable and proportionate to the services provided.
- The method, frequency and supporting evidence for reporting are defined in the agreement; appropriate records are also maintained for oral work.
- The agreement includes obligations to comply with tax, anti-corruption, competition and other applicable legislation.
- A serious compliance breach gives the Foundation the right to terminate the agreement immediately.
- Transactions requiring legal assessment are submitted in good time to the relevant adviser or legal function.
- Except in exceptional and lawful circumstances, public authorities, public officials or politicians are not made parties to agency or consultancy agreements.
Training
- Employees whose duties may expose them to bribery or corruption risks receive training on their obligations under this policy.
- The policy and related matters are explained during induction and onboarding.
- The policy is published electronically in a form accessible to employees.
- Follow-up training is provided, where necessary, through internal specialist meetings or external training programmes.
- Initial and follow-up training is documented, and relevant employees are expected to receive training at least once every two years.
Reporting policy breaches
Where there is a reasonable belief, suspicion or information that an employee or a person acting on behalf of the Yücel Cultural Foundation has breached this policy, the matter must be reported to the Ethics Representative or the Ethics Committee.
The identity of persons making a good-faith report and the content of their reports are handled with the highest practicable level of confidentiality. No person may be subjected to pressure, punishment, discrimination or any other adverse treatment because of such a report.
A person who believes that they have been subjected to retaliation or adverse treatment should report the matter to the Ethics Committee. Business partners are also expected to inform their employees about reporting channels and encourage good-faith reporting.
Policy breaches
Actual or suspected breaches are reviewed by the Ethics Representative and the Ethics Committee. Where misconduct is established, appropriate measures may be taken according to the circumstances, including disciplinary action, termination of the relevant agreement, recovery of losses and, where necessary, reporting to the competent authorities.
Entry into force
This policy was brought into force by Resolution No. 175 of the Board of Directors of the Yücel Cultural Foundation dated 23 July 2019. The Board of Directors is responsible for its implementation.