Foreign Corrupt Practices Act Policy
Effective Date: November 24, 2015
I. PURPOSE AND SCOPE
Loyola University of Chicago (the “University”) has developed this Foreign Corrupt Practices Act Policy (this “Policy”) to comply with the requirements of the Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). The FCPA is a federal law that prohibits, among other things, corrupt payments of Anything of Value to Foreign Officials for the purposes of obtaining business abroad. This Policy applies to University activities in the United States and throughout the rest of the world and to all University Employees and University Agents.
Anything of Value: Any item of pecuniary value, whether cash or non-cash, including gifts, investment opportunities, promises of future employment, shares or dividends of a company, contracts or other business opportunities, medical, educational or living expenses and travel, meals, lodging, shopping or entertainment expenses.
Foreign Official: Any officer or employee of a foreign government or any department, agency or instrumentality thereof or of any public international organization or any person acting in an official capacity for or on behalf of any such government or department, agency or instrumentality or for or on behalf of any such public international organization.
Routine Governmental Actions: Any action which is ordinarily and commonly performed by a Foreign Official in: (a) obtaining permits, licenses or other official documents to qualify a person to do business in a foreign country; (b) processing governmental papers, such as visas or work orders; (c) providing police protection, mail pick-up and delivery or scheduling inspections associated with contract performance or inspections related to transit of goods across country; (d) providing phone service, power and water supply, loading and unloading cargo or protecting perishable products or commodities from deterioration; or (e) actions of a similar nature.
University Agents: all agents, representatives, contractors, vendors and other third parties conducting business with or on behalf of the University.
University Employees: all University employees (including officers), faculty and staff.
III. POLICY STATEMENT
It is the policy of the University that all University Employees and University Agents comply with the FCPA. Bribery of any kind in the United States or abroad, regardless of foreign custom or practice, is strictly prohibited. No University Employee or University Agent shall make any payment or provide Anything of Value (including any reimbursement of expenses) to any Foreign Official, any foreign political party, any political party official or any candidate for foreign political office, directly or indirectly (i.e., a payment to a person while knowing that that all or a portion of the payment or thing of value will then be offered, given or promised to a Foreign Official, a foreign political party, any political party official or any candidate for foreign political office), for the purpose of influencing an action or decision, inducing the person to do or refrain from doing any act or securing any advantage for the University, including obtaining or retaining business or directing business to any person.
Possible examples of actions prohibited by this Policy include (but are not limited to) payments or providing Anything of Value to: (a) obtain a license or other authorization from a government where the issuance involves a Foreign Official’s or the government’s discretion; (b) obtain confidential information about business opportunities, bids or the activities of competitors; (c) obtain relief from government controls; (d) resolve governmental disputes; and (e) affect the nature of foreign regulations or the application of regulatory provisions.
Please note that the FCPA does not prohibit payments to facilitate or expedite Routine Governmental Actions. Routine Governmental Actions, as more specifically defined above, involve no discretion or decision-making by the Foreign Official. Caution and care must be exercised in determining whether payments to facilitate or expedite Routine Governmental Actions are allowable under the FCPA and this Policy. Any such payments must be thoroughly and accurately documented, with the record retained for a period of five years.
IV. COMPLIANCE, REPORTING AND VIOLATIONS
Each University Employee is responsible for compliance with the FCPA and this Policy within his or her area of authority and for immediately reporting (anonymously or by name) any alleged violations of the FCPA and this Policy to the Senior Vice President for Finance and CFO or through the University’s Ethicsline by telephone at (855) 603-6988 or online at www.luc.edu/ethicsline. University supervisors, managers and officers have a particular responsibility to monitor understanding of and compliance with this Policy by their respective subordinate University Employees and University Agents. If a University Employee is unsure about whether he or she is being asked to make an improper payment, the University Employee should not make the payment and should report their questions and concerns to the University Controller’s Office at 312-915-8706. Please contact the University Controller’s Office to discuss any other questions or concerns about the FCPA or this Policy.
Alleged violations of the FCPA and this Policy will be taken seriously and promptly investigated. The FCPA imposes civil and criminal fines and penalties for violations. Violators of the FCPA and this Policy may also be subject to discipline up to and including termination, depending on the circumstances.
V. ADDITIONAL INFORMATION
The University has prepared a Frequently Asked Questions document (the “FAQ”) relating to the FCPA and this Policy. The FAQ referenced above answers specific questions relating to the FCPA and this Policy and provides more detail about and examples relating to the FCPA and this Policy. The FAQ is available at here. Guidance and additional information on the FCPA can be found at the U.S. Department of Justice website: http://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.