Newmont Mining Corporation

It is often customary to exchange gifts and entertainment with customers and suppliers.

The key is to keep an arm's length relationship. We should always avoid gifts that may influence our ability to perform our jobs objectively. Also, we must avoid giving or receiving lavish gifts that may give the appearance of undue influence.

Here are guidelines to assist you when faced with a gift exchange situation with a customer or supplier:

• First, you must never solicit or encourage a supplier or customer to give any item or service to you regardless of its value, no matter how small.
• If an unsolicited gift or entertainment is offered, under no circumstances should you or your family members accept it if it might influence or appear to influence your judgment.
• You and members of your family may not accept from an actual or prospective customer or supplier any item or service offered to you regardless of its value, if a decision relating to that actual or prospective customer or supplier is pending or will be pending in the near future, even if you will not be directly involved in making the decision.
• If the receipt of the item would not influence your judgment and no decision relating to the supplier or customer is pending or imminent, then you (and members of your family) may accept from an actual or prospective customer or supplier only unsolicited items of token value (less than $100).
• At no time can you accept any gift, entertainment or other favor that is of more than token value ($100), unless you are in a position to reciprocate under normal expense account procedures without your manager's approval.
• At no time can you accept any compensation, advance or loan from an actual or prospective customer or supplier (except from established financial institutions on the same basis as the institution's other customers).

If you or your family member receives an unsolicited gift prohibited by our Code, you should report it to Newmont through your manager or the legal department and return it to the person making the gift. In some situations, and in some cultures, returning the gift would be considered an insult. If this is the situation, deliver the gift to the legal department and they will appropriately dispose of it.

Entertainment and services offered by a supplier or customer and valued at more than $100 may be accepted if he or she is associated with a business meeting, there is a business reason for the event or services, and the supplier or customer provides them to others as a normal part of its business. Examples of such entertainment and services are: transportation to and from the supplier's or customer's place of business, hospitality suites, golf or sporting outings. and business meals for visitors at the supplier's or customer's location. However, acceptance of all such entertainment and services must be pre-approved by your manager or the legal department, and will only be approved if there is no imminent decision associated with that supplier or customer.