Anti-Corruption Policy

OBJECT: This Policy is the company’s main document describing the basic principles and requirements for the purpose of ensuring the Company, top management, executive bodies, employees and all other individuals who may act on behalf of  and/or represent the company to comply with the rules of the anti-corruption laws and regulations and of preventing corruption.

Policy has been prepared in consideration of the requirements of the standard principles and norms of the relevant laws of the United States of America, company’s articles of association, international laws and documentation and other internal documentation of the company.

Illegal abuse of authority for the purpose of gaining benefits which appears in the form of bribery, mediation in bribery, abuse of authority, commercial corruption activities, provision of convenience in payment, acquisition of money/articles of value/other assets/ services/any right for himself or for others or illegal provision of rights and benefits to such individual by others are, as a rule, considered corruption and corruption/bribery practices/activitiesin the US and worldwide.

Corruption constitutes a threat to supremacy of law, democracy and human rights, violates the principles of good management, equity and social justice, affects competition, hinders economic development and jeopardizes the stability of the democratic institutions and ethical foundations of our society.

This policy represents the company’s and our management team’s commitment to higher ethical standards, clear and fair-trading principles, focus to improve our corporate culture, its eagerness to pursue the best practices of corporate management and to maintain the company’s commercial standing of Compliance, Integrity, Service and Security

Company has chosen the following goals:

  • To minimize the risk of the company, top management, employees and trusted business partners from involvement in corruption activities;
  • To create a clear and precise culture of the company policy as to the fact that corruption must be strictly denied in all its forms within our company, our employees, our trusted and vetted business partners and at all levels.
  • To summarize and detail the basic requirements of the anti-corruption laws of the United States and US Customs and Border Protection and related government agencies which may be applicable to our company and employees;
  • To follow all anti-corruption laws and regulations, principles and requirements of this policy and to ensure situational awareness by the company, employees and partners so that they may detect, report, eradicate and apply anti-corruption policies. 

SCOPE: All our staff members working at the JOBCO Laredo office, and all foreign branch offices/agents throughout the United States and Mexico are covered by this policy. Further, principles and requirements of this policy shall apply to any individuals who are authorized to act on behalf of and for the benefit of the company, management of the company, direct employees, sub contracted employees, trusted/vetted business partners/contracting companies, if they are assigned with any relevant responsibilities directly or through contracts and internal documents as a result of the Anti-Corruption Regulations of the United States of America and other parties. 

SUPPORTING DOCUMENTS:

  • American Anti-Corruption Act (AACA),
  • United States Department of State https://www.state.gov/policy-issues/anti-corruption-and-transparency
  • United Nations Anti-Corruption Convention ttps://www.unodc.org/unodc/en/treaties/CAC/
  • Anti-Border Corruption Act of 2010 -Committee on Homeland Security and Governmental Affairs United States Senate https://www.congress.gov/111/crpt/srpt338/CRPT-111srpt338.pdf
  • US Customs and Border Protection Regulations 19 CFR Part 111 Customs brokers–  19 CFR 111.1, 111.4, 111.5, 111.28, 111.29, 111.31, 111.34, 111.36. 111.37, 111.39, 111.42
  • JOBCO Trade Services Inc – Employee Manual, CTPAT Anti-Corruption policies and procedures CTPAT-AC

RESPONSIBLE PARTIES: JOBCO President/Licensed US Customs Broker and General Manager are responsible for the organization of the main activities for the implementation of the principles and requirements of this Policy, for the continual improvement, implementation and control of the anti-corruption policy and for the appointment of the personnel responsible for the approval of any relevant policies and other measures.

All employees, trusted business partners and agents of our company must comply with the requirements of this policy and strictly fulfil the principles and requirements of this policy.

DEFINITIONS / ABBREVIATIONS:

USA: United States of America  

USCBP:  United States Customs and Border Protection

DHS:  Department of Homeland Security

CFR:  Code of Federal Regulations 

CTPAT:  Customs Trade Partnership Against Terrorism 

APPLICATION:

  1. ANTI-CORRUPTION LEGISLATION OF THE UNITED STATES OF AMERICA:

The American Anti-Corruption Act is model policy that sets a framework for city, state and federal laws to fix our broken political system. It fundamentally reshapes the rules of American politics and restores the people as the most important stakeholders in our political system. An Anti-Corruption Act has three primary goals:

  • Stop political bribery so special interests can’t use job offers and donations to influence politicians.
  • End secret money so people know who’s buying political power.
  • Fix our broken elections so the people, not the political establishment, are the ones in control.

Legislation is comprised of the laws of the United States, government agencies and guiding international documents, regulations and actions plans. Company considers all anti-corruption regulations framed with the Anti-Corruption framework of which the basic requirements are the prohibition of abuse of confidence, forgery of official documents, impairment, destruction or concealment of official documents, forgery of private documents, bid rigging, fraud in the fulfilment of execution, disclosure of information or documentation of trade secret, banking secret or customer secret nature, embezzlement, corruption, negligence in the duty of inspection, bribing and being bribed, provision of benefits for any work in which he is not authorized, abuse of authority, disclosure of counter party-related secrets, laundering of assets arising from an offense, commercial corruption transactions and mediation in bribery and the rules related to prohibitions of the other imperative laws to be basic rules and obliges both the company and all its employees to comply with such basic rules.

  1. PRINCIPLES, STANDARDS AND REQUIREMENTS TO BE COMPLIED WITH:

Company and its employees must comply with generally accepted principles and standards of the international laws, treaties and the anti-bribery and anti-corruption laws of the United States of America as well as policy principles and requirements of all countries with which we do commercial transactions.

All employees of the company are strictly prohibited to perform the following transaction directly or indirectly in person or through the mediation of third parties:

  • To participate in any corruption activities, offer bribes, give bribes, promise to give bribes, ask or receive bribes or make or offer to make payments in the form of monetary assets, articles of value, services or other benefits to any person, corporations including business enterprises/ organization/corporations, regulatory bodies, public officials, private companies and individuals who act for their own interests or on behalf of their companies in order to facilitate any administrative, bureaucratic or other formalities;
  • To conspire to receive favorable results in any proposal or bid;
  • To abuse confidence or his/her position;
  • To forge public and/or private documents;
  • To impair, destroy or potentially conceal any actual private or public document;
  • To devise or perform any fraudulent scheme in the fulfilment of execution;
  • To disclose information of confidential nature or make it easy for others to obtain such information;
  • To gain benefits for a work in which he/she is not authorized;
  • To afford any unfair advantages or benefits through persuasion/coercion or otherwise;
  • To commit the act of misappropriation;
  • To get involved, participate in or set up a scheme for the commitment or attempt to commit any abovementioned prohibited acts; to assist in, encourage, facilitate or lead the commitment of such acts;
  • To exercise physical force, threaten or intimidate or promise, offer or provide any unfair benefits in order to interfere in ensuring unreal witness statement, testifying or producing evidence in any lawsuits related to the commitment of any abovementioned prohibited acts;

Provided that they are not limited to what is entered below, summary explanations concerning the abovementioned prohibited transactions are provided here below so that they may guide to all employees and parties:

Conspiration to rig the bid: To conspire to rig the bids related to the purchases or sales or leases of goods or services carried out by or on behalf of our company. Bids are deemed to have been conspired to rig in the following cases:

Fraudulent behaviors:

  • To prevent any people/companies that have competence or conditions to participate in any bids from participating in the bid or transaction in the bidding process;
  • To ensure any people/companies that do not have the competence or conditions to participate in bids to participate in such bids;
  • To exclude any offered goods from assessment, saying that they do not have the properties specified in the specifications although they have them;