Conduct that may be acceptable in the commercial business environment may not be acceptable in relations with government officials. Government officials play a special role in society. It is your obligation to understand whether someone you are dealing with is a government official. When in doubt, consult with the legal department.
We do not seek to influence any government official's judgment or conduct by any unlawful inducement. We use only appropriate and lawful means to persuade public government officials to render decisions or exercise discretion for the benefit of Newmont. Efforts in matters affecting Newmont's interests must be based solely on the merits of the matter and pursuant to proper procedures. We shall not offer, provide or solicit, directly or indirectly, any special treatment or favor from a public government official in return for anything of economic value or the promise or expectation of future value or gain. How we interact with government officials is outlined in our International Anti-Corruption Compliance Manual ("Manual") and we must make ourselves familiar with the Manual and follow the policies set forth therein.
In addition, individual agencies or governmental units often have detailed written codes of conduct covering relations between government officials and their constituency. For example, some allow acceptance of gifts or entertainment of nominal value, such as a lunch or other entertainment, but many do not. We must be familiar with and adhere to the written codes of conduct, rules and regulations of governmental units within our areas of responsibility. It may not be clear if an "unwritten" custom or practice conforms to written code or law. In determining whether to follow an "unwritten" custom or practice that does not conform to a written rule or regulation, consult with the Manual. If you are still in doubt as to the appropriate action to take, please consult the legal department and, if found to be acceptable, keep a record of such "customary" expenses.
Furthermore, there are numerous anti-corruption laws enacted throughout the world. As a U.S.-based company, we are required to adhere to all standards set forth in the U.S. Foreign Corrupt Practices Act. This responsibility applies to each of us, regardless of nationality. A violation of the Foreign Corrupt Practices Act can result in criminal charges against Newmont, our officers, directors and the individuals directly or indirectly committing the violation, regardless of the person's nationality. As citizens of other countries, we may be subject to other similar laws as well. A violation of the law or of the policies in the Manual may subject an employee to discipline, up to and including termination of employment.
Finally, our commitment to anti-corruption measures goes beyond our legal obligations. As a founder of the Partnering Against Corruption Initiative (PACI), we are committed to a series of rigorous anti-corruption principles designed to raise the anti-bribery standard for industry, and contribute to the goals of good governance and economic development throughout the world. This additional commitment reflects our values and demonstrates our company's commitment to being a leader in the global fight against corruption.
