Integrity Program for Banco Nacional de Comercio Exterior, S.N.C,
Development Bank Institution
I. Objective
The aim of this policy is to strengthen BANCOMEXT culture in terms of ethics and prevention of corrupt activities, including domestic and international bribery. Moreover, it aims at promoting communication from collaborators, third parties, and clients, through the channels and means established by the bank for such purposes, about possible alerts and risks. All this can be made with transparency and confidentiality, without fear of retaliation.
Furthermore, it establishes guidelines and directives to be followed by all bank employees as a means to identify such acts, as well as the mechanisms used to face and fight them.
II. Scope
This is a policy of general application and mandatory surveillance for all staff members, clients, Bancomext workers, no matter their working condition, as well as board members and third parties acting on behalf of BANCOMEXT. Additionally, the fulfillment of principles and values contained in this policy will be promoted for the recruitment of suppliers and clients.
III. Precedents
Corruption is a threat to public confidence, economic and social development, and the sustainability of fair trade. It also goes against Bancomext principles, as the bank always demands that its collaborators act with integrity.
Briberies may occur with a government official in relation to their duties, or private sector individuals can be involved (clients and suppliers). Briberies can take many forms: cash, gifts, invitations, trips, charitable contributions, presents, or favors in exchange of illicit and/or preferential management procedures, among others.
Bribery is defined as an act when a person requests, demands, accepts, offers, obtains, or pretends to obtain, by himself/herself or their parties, any benefit not included in his/her wage, no matter if it is money, securities, properties, chattels, discounts, donations, services and other benefits for himself/herself or someone else’s benefit.
- Legal Framework
External regulations and support material
- General Law of the National Anti-Corruption System, foreseen in article 113 of the Political Constitution of the United Mexican States: for the prevention, investigation, and sanction of administrative infractions and corruption acts
- General Law on Administrative Responsibilities
- Federal Law for the Prevention and Identification of Operations with Illicit Proceeds
- Credit Institutions Law
- General Provisions applicable to Credit Institutions
- Foreign Corrupt Practices Act (FCPA)
- UK Bribery Act, 2010
- International conventions such as the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the Recommendation of the Council on Bribery and Officially Supported Export Credits, both issued by the Organization for Economic Co-operation and Development (OECD)
- AGREEMENT by which the Coordinating Committee of the National Anti-Bribery System approves disclosure and sets forth a Protocol to prevent, detect, investigate, prosecute, and punish International Bribery in any way whatsoever, published by the Federation’s Official Gazette dated October 22, 2018.
Internal regulations
- General work conditions
- Current Bancomext Code of Conduct
- Wages, Retirement, Rights and Obligations for Non-Unionized Personnel Manual
V. Policies
- Bancomext demonstrates the commitment to conduct its relationships with accredited entities and third parties in adherence to the integrity, professionalism, and legality principles.
- Bancomext expresses its rejection to corruption and states that the modus operandi of its staff, clients and third parties in accordance with the Code of Conduct represents an essential element to gain the necessary confidence for its business relationships, inversions, and use of resources.
- Bancomext joins the commitment with the applicable regulations when holding negotiations and adheres to the objectives established by the General Law of the National Anti-Corruption System, the General Law on Administrative Responsibilities, the International Anti-Bribery Conventions, and it considers as healthy practices the ones contained in the Foreign Corrupt Practices Act of the United States of America.
- The members of the staff, third parties hired by the Bank, as well as clients benefiting from credits and foreign trade development mechanisms, are committed to comply with the applicable regulations preventing the incidence of corruption, domestic and international bribery.
- Acts of corruption, as well as domestic and international bribery, are forbidden and are not tolerable in terms of what is established in the applicable legal framework. These acts are also prohibited when committed by members of the staff towards the private sector or other individuals, regardless of whether they are committed or not by public officials and the place where they occur.
- The staff, clients, and third parties must be against all forms of corruption, as well as domestic and international bribery and shall promote actions so as to guarantee that they are not incurred during the course of business.
- It is prohibited to allocate the Institution funds to pay bribes, improper or dishonest payments for business purposes, or to influence on policies and decisions. Bancomext has adopted the tenth principle of the United Nations Organization Global Compact, which states: “Businesses should work against corruption in all its forms, including extortion and bribery”, promoting that collaborators are an example with their behavior in any deal on behalf of the Bank.
- The staff adheres to the principles of not offering or accepting, promising or performing, either directly or indirectly, any type of gift, reward, donation, job offer, sponsorship, preferential treatment, leisure activity, or benefit of any kind aiming to influence or try to influence in order to obtain a benefit or unjustified advantage.
- Staff members will not be able to accept from clients, suppliers and/or private individuals, presents, services, or entertainment that are awarded on account of their functions or the dealings that could be carried out on their favor. However, they will be able to accept promotional material presents with nominal value; that is, those presents related to the industry of the client, supplier and/or private individual, and the value of which is not representative or considered as luxury item, save exceptions that the relevant authority determines by means of a notice or statement issued by the Ministry of Public Administration.
- According to the guidelines set out in its Code of Conduct, Bancomext shall support the business decisions based on public interest principles, respect, integrity, transparency, honesty, and impartiality.
- The staff shall promote practices that fight and prevent corruption so as to generate healthy and competitive business relationships.
- The staff shall report expeditiously to the Ethic Committee and/or the Internal Control Unit, as applicable, through the processes set up by Bancomext to that effect, any witnessed or known corruption, as well as domestic and international bribery acts in the performance of his/her work; likewise, acts involving the planning, organization, and/or strategy for a potential future act of corruption or bribery shall also be reported.
VI.Guidelines
a. Acts of corruption
Corruption is the act or omission by which a public official or an individual breaches or inadequately exercises the obligations conferred by their position or imposed by the law to obtain an illegitimate benefit for themselves or another person.
Conducts described by the Mexican Anti-Corruption Regulations and the Foreign Anti-Corruption Regulations are considered acts of corruption, whether of administrative, civil or criminal nature, prohibiting or sanctioning corruption.
Acts of corruption include, but are not limited to:
- Abuse of authority: Members of staff who, with their behavior, delay or refuse the execution of their job functions, illegally appropriate or dispose of the goods and assets under their care, grant or provide a service, charge, commission or agreement knowing full well that it won’t be executed.
- Passive bribery: Members of staff that request, demand, accept, offer, obtain or pretend to obtain, by themselves or through third parties, benefits not included in their remuneration, regardless of whether they consist of cash; securities, estate or personal properties, discounts, donations, services, and other benefits for themselves or another person.
- International bribery: Someone who offers, promises or grants in purpose any monetary or other undue advantage to a foreign public servant, either directly or by third parties, for his/her benefits or the benefit of third parties, so such public servant acts or avoids acting in the compliance of official duties, with the purpose of obtaining a business or any other undue advantage in the handling of international business.
- Collusion: Members of staff that conduct, with one or more individuals, actions implying the obtaining of a benefit or improper advantage on account of a recruitment process.
- Conflict of interest: Affectation on the impartial performance and objective of the staff functions due to personal, familiar, or business interests.
- Extortion: Members of staff that, without being entitled to do so, oblige others to do, stop doing, or tolerate something thus obtaining something for themselves or another person.
- Fraud: Members of staff that deceive others by taking advantage of their mistakes, obtain something illegally, or achieve improper earnings.
- Active bribery: To offer, request, demand, accept, deliver, promise, or authorize a benefit, either economic or of any other kind, that is duly regulated or authorized by a regulation.
- Other acts of corruption include concealment, hiding, incitement, help, coalition, and sponsorship within recruitment or personnel selection processes, as well as diversion of resources.
b. Sponsorships and donations
Bancomext shall exercise due diligence to prevent corruption, international bribery, and extortion practices both in relation to the beneficiary entity and to third parties.
c. Travel and representation expenses
Bancomext shall guarantee that the travel and representation expenses are reasonable and not excessive or out of proportion; they shall not be considered as remuneration to facilitate some type of business. Likewise, all expenses shall be verifiable through invoices, purchase receipts, and sustainable evidence regarding the business purpose.
d. Accounting record and documentation
All payments and financial transactions shall have an accounting support; they might be reviewed by financial and audit control mechanisms.
This means that payments or valuables granted to any person must be correctly registered in the corresponding accounting books and according to the transaction nature.
e. Complaints about non-compliance
Members of staff shall bring to attention suspicious acts from collaborators, clients, suppliers, or any other individual related to Bancomext, through the available complaint channel. The designed and implemented protocols aim at protecting the confidentiality of the gathered information and anonymity.
In case of questions regarding the legality of payments, or if there is suspicion of unusual behaviors, briberies, or any other type of illegal arrangement, the staff shall report it immediately through the available complaint channels: e-mail (codigodeconducta@bancomext.gob.mx), with the person in charge of the Division of Human Resources and Quality and/or Bancomext’s mailbox. For more information about this process, see: Protocol and Procedure for Complaints and Reports regarding the non-compliance of the Code of Conduct of Banco Nacional de Comercio Exterior, S.N.C. (Protocol).
There won’t be retaliation against employees that report in good faith suspicions of breaches. Persons reporting acts of corruption will not be subject to any type of retaliation, including harassment, degradation, or dismissal. Persons retaliating against a complainant shall be subject to the corresponding disciplinary action.
The Institution will adopt measures in order to protect employees against retaliation and make them all feel comfortable when reporting breaches and to protect the institution.
As stated in the Protocol, complaints shall be sent to the Ethics Committee so appropriate actions are coordinated and, if applicable, report to internal competent departments.
In case of complaints for International Bribery, the Legal Area shall, along with Internal Comptroller and the corresponding Department, if applicable, analyze such report and, if enough proof exists, report shall be given to the Attorney General’s Office.
f. Report to the Attorney General’s Office
In case of International Bribery acts, the Legal Area shall submit a writing to the Office of the Attorney General (using the general reception office or “oficialía de partes”) located in Insurgentes 20, Glorieta del Metro Insurgentes, Col. Roma Norte, Cuauhtemoc Municipality, Zip Code 06700, in Mexico City. Once submitted, the Attorney General’s Documentation and Analysis Office shall carry a preliminary analysis and assign this complaint to the appropriate area.
The main data that a complaint must contain are the following:
- Background: Identification of the claimant, address, statement of possible crime, people with knowledge and any other facts known to claimant.
- Description of facts: Detailed explanation of facts, including time, mode, and place.
- Data of Claimant: phone or email.
Also, Bancomext personnel may denounce possible International Bribery cases to the Attorney General’s Office, through the CEDAC (Center for Public Complaint and Attention).
VII. Related policies and protocols
- General work conditions
- Manual regarding remunerations, retirements, rights and obligations applicable to the personnel of confidence.
- BANCOMEXT Code of Conduct
- Protocol and procedure for complaints and reports regarding the non-compliance of the Code of Conduct of BANCOMEXT
- Form of complaints and allegations regarding conducts contrary to the Code of Conduct of BANCOMEXT