There are no exceptions to this policy, even if our competitors engage in improper behavior, or corruption is an accepted practice in a country where we operate. You are required to adhere to both the spirit and the letter of this policy with respect to our business anywhere in the world.
Anti-Corruption
1. You may not offer, provide or authorise cash payments (such as bribes or kickbacks) or anything else of value directly or indirectly to any person to improperly benefit Alphaa AI. This applies to anyone, including foreign officials, as well as private individuals or corporations. A foreign official is any officer or employee of a government department or agency, at any level.
2. You may not request, agree to receive, or accept money or anything else of value from any person to improperly benefit Alphaa AI.
3. Merely offering a bribe is enough to violate this policy, it does not need to be accepted. It also does not matter whether you use company money or personal funds for a bribe.
4. You have a duty to prevent bribes or kickbacks involving Alphaa AI if you become aware they might occur, even if you are not directly involved.
Accounting Requirements
You must comply with all of Alphaa AI’s internal controls, especially those designed to ensure accurate and complete books and records, as well as those that prevent corruption, self-dealing, embezzlement, fraud, money laundering, or other improper activities.
Violations of accounting standards can occur if you conceal bribes or falsify other transactions or expenses, even if they are not related to a bribe, in Alphaa AI’s ledgers or other records. Even small misreported amounts may be a violation.
Conflicts of Interest
Conflicts of interest can be a violation of anti-corruption laws. You must disclose any actual or potential conflicts of interest to Alphaa AI’s ComplianceOfficer. Examples of conflicts of interest:
a. Any Alphaa AI employee or contractor who is a government official or customer responsible for regulating or providing business to Alphaa AI.
b. Contracting with a vendor that is wholly or partially owned by you, a member of your family, a personal friend, or other Alphaa AI employee/contractor.
c. Alphaa AI retains a relative of a government official or customer as an employee or contractor in exchange for a regulatory approval or business opportunity.
Expediting Payments
This policy prohibits all corrupt payments or benefits, including so-called grease, speed or facilitating payments provided to government officials in their personal capacity to expedite or secure routine government actions. It is permitted to pay a government agency’s official fees, such as to expedite passports, licenses, or other services, provided that the fees are paid to the government, an official receipt is provided, and the expense is accurately recorded in Alphaa AI’s books.
Partners and Intermediaries
It is still a violation of this Policy if a bribe or improper payment is routed through a third party, such as a consultant, lobbyist, vendor or reseller. Several FCPA and other anti-corruption lawsuits have been triggered by companies working with third parties who used their fees, commissions, discounts, markups, or private funds to finance bribes to government officials.
You and Alphaa AI can be held liable even if you do not expressly authorise a third party to engage in corruption. You must notify the Compliance Officer if you learn of any Alphaa AI partner or vendor that engages in corrupt or other improper practices. All payments to partners or vendors must be accurately reported in our books and records in accordance with accounting requirements.
Gifts, Travel, & Entertainment
Reasonably priced gifts, meals or entertainment and other benefits provided for non-corrupt business promotion or goodwill purposes are generally acceptable. For example, a plastic pen, a t-shirt or coffee mug of moderate value with Alphaa AI’s logo will not be a violation (e.g., less than $100 value would likely be considered a reasonably priced gift). However, an expensive item of clothing, a car, or a vacation will raise concerns, especially if provided to a government official or other person who is responsible for making decisions in relation to Alphaa AI’s business. Cash or cash equivalent gifts are always prohibited.
In addition to complying with the FCPA and UKBA, you must ensure that the provision of a gift or other benefit does not violate local laws or policies that apply in the country where the recipient is located. Some countries impose express limits on the value of gifts/benefits that a recipient can accept; other countries ban such gifts/benefits altogether even if given with no corrupt or improper intention.
Tax Evasion
Tax evasion, defined as a purposeful, illegal attempt to evade the assessment or the payment of tax imposed by law, is a violation of this policy. It is also considered a criminal offence under many federal and state statutes. Examples include, reporting sales in a separate country or jurisdiction with the intent to lower taxes, inflating payroll deductions, misrepresenting the type of goods or services sold with the intent to evade taxes, etc. You have an obligation to report any tax evasion by an employee or other individual or entity (including partners, vendors, customers, and other third parties) to Alphaa AI’s Compliance Officer (contact information below) or Alphaa AI’s hotline. Even small misreported amounts may be considered a violation.
Violations and Consequences
A violation of this policy will result in appropriate disciplinary action, including demotion, reassignment, additional training, probation, suspension, or even termination. If criminal penalties under the FCPA, POCA and UKBA apply, the government could impose further sanctions including imprisonment of up to 20 years and unlimited monetary fines.
The U.S., India and U.K. governments enforce these rules against individuals and entities around the world. There have been instances where non-U.S. individuals have been extradited to the United States to face charges under the FCPA and other U.S. laws. This policy applies to all world-wide directors, officers, employees, and individuals serving as independent contractors of Alphaa AI regardless of nationality or residency.
Training and Materials
All designated personnel must undergo anti-corruption training provided by Alphaa AI. The nature, content, and frequency of that training will be determined by Alphaa AI based on the risks associated with your specific role. We encourage all of our business partners to provide training to their personnel as well.
Reporting/Questions
You have an affirmative obligation to report all violations of this policy to Saurabh Moody, Alphaa’s CEO. His contact information is + 91 8826935555, legal@alphaa.ai.com. Reports may also be submitted anonymously. Please refer to Alphaa AI’s Code of Business Conduct and Ethics and our Policy for Reporting Complaints Regarding Accounting and Auditing Matters for further information regarding reporting concerns. We welcome any comments or questions that you may have regarding the substance and implementation of this policy. Please direct such communications to the CEO.
