Anti-corruption policy

1. purpose

DVKG, its subsidiaries and business partners worldwide are committed to conducting our business with honesty, integrity, reliability and accountability. This is the core of our Code of Business Conduct and Ethics (the„Code“).

We are responsible for complying with all applicable laws in the countries in which we do business.

 

Our policy is clear: All employees, executives, board members (either of DVKG or any of its subsidiaries or business partners) and others acting on behalf of DVKG („DVKG employees“) must not pay bribes;(„DVKG employees ) may not pay bribes or otherwise attempt to influence government or private sector persons, even if such a payment is requested and is labeled as a bribe. This applies whether an improper payment is made directly through a DVKG employee or through a third party, such as an agent, representative, vendor, customer, partner or other service provider.

 

2. this policy applies to every employee of DVKG and its subsidiaries

This policy applies to all DVKG employees and its subsidiaries, wherever they are located.

All DVKG employees are responsible for complying with this policy in relation to their conduct on behalf of the company.

DVKG management is responsible for ensuring that employees under its supervision and authority comply with this policy.

Management has assigned compliance tasks to certain employees. Compliance personnel will assist DVKG employees in understanding and complying with this Policy and will take steps to maintain and implement the anti-corruption program, with responsibility for compliance with this Policy resting with DVKG employees.

DVKG's business activities in certain countries require additional specific anti-corruption guidelines to comply with local laws or to reflect local circumstances. Additional country-specific guidelines must comply with this policy. Violations of federal, state or foreign laws are not permitted and will not be tolerated.

 

3. Supervision and Administration

The management of DVKG is responsible for the oversight of this policy and the company's anti-corruption program.

DVKG prohibits all forms of bribery and corruption in connection with the Company's business activities.

DVKG employees caught engaging in bribery or corruption will face disciplinary action up to and including dismissal, fines and possible criminal prosecution.

 

4. We prohibit all forms of bribery and corruption

What is considered bribery and corruption?

Bribery occurs when benefits (things of value) are provided directly or indirectly to persons, including government officials, business partners, customers or potential customers, for their personal benefit in order to influence their actions or decisions in their official or business capacity.

Bribery can sometimes be very obvious and sometimes very subtle. DVKG employees are responsible for recognizing warning signs that may indicate bribery or corruption and responding to them in an appropriate manner as set out in this policy.

Current laws prohibit bribery and corruption of government officials and private individuals. Particular care should be taken when DVKG employees transact business with government officials, as bribery of a company or individuals in the public sector can have particularly serious consequences.

 

What kind of benefit do „things of value“ represent?

„Things of value“ is a broad term that includes cash, cash equivalents (such as gift certificates), meals, entertainment, travel, gifts, employment, contracts, services, such as repair work on a person's home, and other things of value.

Gift vouchers include gift certificates, meals, entertainment, travel, gifts, employment, contracts, services such as repair work on a person's home or similar types of goods or services that have a material value.

 

Who are government officials?

Government officials are broadly defined in anti-corruption laws, and may include:

Heads of state, ministers and other political office holders;

Civil servants;

Full-time or part-time employees of a public authority;

Private individuals acting in an official capacity;

Security personnel (military, police, secret services);

Judges and legislators;

Executives and employees of state-owned or state-controlled companies (e.g. a state-owned oil company or airline)

and

Employees of other public institutions, including universities, laboratories, hospitals and the like.

The fact that a particular country does not treat individuals as government officials under local laws does not mean that the individuals in question are not treated as government officials under other applicable laws. If there is any doubt, Compliance personnel can provide guidance.

 

5. Permissible business expenses

DVKG and its subsidiaries are aware that gifts, entertainment, sponsorship or travel services are a legitimate part of doing business in many countries. However, it is your responsibility to comply with the Gifts, Entertainment and Sponsorship Policy, as such activities may be considered corrupt services in certain circumstances.

 

6. We do not allow facilitation payments

What are acceleration payments?

“Facilitation payments“ is a term that is interpreted very differently around the world. In some countries, facilitation payments are a euphemism for bribery. In other countries, such as the US, facilitation payments (FCPA) are a narrowly defined term that refers to certain small, facilitating payments, so-called „kickbacks“ which, even if not illegal, must be properly controlled and recorded in the company's accounts.

Accelerated payments are illegal under the laws of most countries around the world. In accordance with its compliance policy to comply with all applicable laws, DVKG does not allow facilitation payments. If you receive a request for an improper acceleration payment, you should refuse it. It is not permissible to make such payments in the course of your work for a company, even if you are personally responsible for such costs and are not seeking reimbursement. All requests for expedited payments should be reported to the Managing Director.

 

7. Corporate resources must not be used for political contributions and activities

It is not permissible to use company assets, property or other resources for contributions or to give anything of value to a political candidate, political party or party official. Our company does not provide reimbursement for personal contributions made for political purposes. Everyone is welcome to participate in political activities in their free time and at their own expense, as long as these do not conflict with the performance of their duties for the DCG and its subsidiaries and are not carried out on behalf of the DCG and its subsidiaries. Such payments are not only prohibited under the Company Policy, but may also raise anti-corruption issues.

 

8. Donations to charitable organizations and event sponsorship require special consideration

The DVKG and its subsidiaries are committed to serving the communities in which they do business. Anti-corruption laws do not prohibit legitimate donations and sponsorship.

However, we are committed to ensuring that the funds we provide for such purposes are used for the intended purpose and not diverted, and that they go to the proper recipients for the proper purposes. Donations and event sponsorships to known charities for legitimate business purposes that are modest in amount and do not raise special concerns may be made under this policy without pre-approval.

Donations and event sponsorships that raise questions must be approved in advance by management

What do we mean by „special concerns“? Some examples:

• The charitable organization or event sponsorship is believed to be closely associated with a government official or a close family member of the business partner or government official in question.
• The donation or event sponsorship is requested by a government official
• The charity or event organizer is not transparent about how the funds will be used.
The company applying for the funds is not an established, well-known company.The charity or event organizer requires that the donation be made in the form of cash.Other factors or circumstances that cause you to question whether the donation will be used appropriately

 

9. We must keep accurate books and records

.

We are known for honesty and trustworthiness in all areas of our business. DVKG and its subsidiaries are required by law to maintain complete and accurate books, records and accounts. Expenditures must be fully and accurately described in all business records, not only in terms of the amount of the expenditure, but also in terms of the nature and purpose of the expenditure. You should never create false or misleading records or accept records from suppliers or other third parties that do not meet our requirements. All business information, including financial transactions, must be reported in a timely and complete manner. Financial information must reflect actual transactions and generally comply with applicable accounting principles.

No one is permitted to establish secret or unrecorded funds or assets.

 

10. Requests for payment and extortion must be reported

In the event that a government official or other person (e.g. a potential customer) requests an unauthorized payment from you, this is no excuse for violating this policy. DVKG employees and its affiliates should refuse such requests or solicitations and report them or any extortion immediately to the Chief Executive Officer.

Note on the guidelines: Requests for payment should be refused politely but firmly. You do not want your response to give the impression that you agree. Remind the person that the DVKG adheres to strict guidelines and that you will lose your job if you display behavior that violates these guidelines.

 

11. We expect the same behaviors from our business partners

The DPA Directive prohibits bribery and corruption, whether direct or indirect. In some countries, it is common practice to hire intermediaries or so-called "finders" with good connections to identify and solicit new business opportunities, to introduce themselves to potential clients or to lobby government officials. This can lead to bribery activities. We expect our agents, consultants, joint venture partners or other third parties acting on our behalf („business partners“) to provide legitimate services and to adhere to the standards of ethical and professional behavior as described in this policy and the Code of Conduct.

 

What are warning signs in relation to our business partners?

Warning signs („red flags“) are facts or circumstances, a pattern of behavior, a procedure or a specific event that indicate the possibility of corruption. There are many examples of such warning signs and the following list does not include all the warning signs you may encounter.

A new business partner is recommended by a government official.

A government official or someone closely associated with them shows business interest in a business partner.The business partner has no experience in the work for which he or she is being hired, or is being hired solely because he or she has influence over the government official.

The business partner makes suspicious statements (e.g., don't ask questions, I'll take care of everything), has a non-transparent structure, or insists on secrecy regarding business with you.

The business partner's commission or profit margin is high compared to the industry standard or this type of work.

The business partner must be paid under the table or by wire transfer to an offshore account.

The business partner refuses to sign a contract with anti-corruption safeguards 

.

The business partner submits false invoices or refuses to provide supporting documentation for invoices or claimed expenses

If you notice any warning signs, please contact the managing director, who will be happy to help you further.

 

We cannot be held responsible for the conduct of our business partners.

DVKG and its subsidiaries may be held legally responsible for the conduct of a business partner if it occurs during the course of the business partner's work for the company.

No business partner should be asked to provide services to the company without proper due diligence and an agreement describing the necessary anti-corruption measures to be taken.

Commercial and financial due diligence is not sufficient. Due diligence should consider the reputation and integrity of a proposed business partner and the extent of its internal controls to prevent inappropriate behavior.

Some examples of inappropriate „head in the sand“behavior:

• „I don't know how to get the permit from the government, just get it, and get it fast.“
• „I'm not going to ask you any questions because I don't want to know the answers.“
• I know that this country is rife with corruption, so I will not ask the consular officer how he gets on with the local authorities.

Warning signs once identified, should be reported to the business leader who will assess the risk and determine whether appropriate safety measures should be taken to reduce these risks to an acceptable level.

 

Our responsibility when working with business partners

Because of our responsibility when working with business partners, several steps are required to protect DVKG and its subsidiaries:

The due diligence should be documented and kept in a file on the business partner that is managed by the General Counsel's office. The due diligence should be updated periodically, at least every three years.

Business partners should not be asked to provide services without a contract. Contracts should show the legitimate reasons why a business partner is being hired and for the services he/she (or the contracted company) is providing. Contracts are also typical arrangements to protect DVKG and its subsidiaries. That is why they are important. Seek advice from your local legal department as to which provisions/clauses are necessary.Employees should also ensure that any compensation paid to a business partner represents reasonable value for the legitimate goods or services provided. Payments to business partners should not be made in cash and should not be made to any person (other than the contracting party) or in a location that has no connection to the registered office of the business partner where the contractual activities take place, e.g. in a tax haven or offshore location.

Our responsibility does not stop once the business partner has been contracted.

We must constantly monitor the activities of our business partners. Any warning signs or concerns about the appropriateness of a counterparty that arise in the relationship with that counterparty should be reported to the Managing Director so that the risk can be identified and appropriate safety measures can be developed. Some examples of concerns that may arise regarding the business partner's behavior include:

The business partner requests additional compensation if there is no legitimate reason for it;

It has come to your attention that a government official or a close relative or business partner of the government official has acquired an interest in the business partner; or

They have rumors that the business associate is under investigation for money laundering or other criminal activity.

DVKG and its subsidiaries encourage their employees to share this Anti-Corruption Policy with their business partners so that they know that the company is committed to lawful and ethical business practices.

 

12. we do not support our customers with inappropriate behavior

DVKG employees who work for a client must not become involved in inappropriate payments or other inappropriate behavior. Employees who are confronted with these types of concerns should discuss them with their supervisor or seek guidance from the employee responsible for legal and compliance matters. Do not attempt to resolve such issues on your own.

 

13. mergers and acquisitions require anti-corruption due diligence

If DVKG acquires other companies, DVKG may be liable for the previous behavior of the acquired company.

DVKG may also be held liable for ongoing conduct that violates anti-bribery and anti-corruption laws.

It is therefore the company's policy to conduct anti-corruption due diligence prior to completing an acquisition in order to identify and mitigate risks. In addition, the Company integrates the acquired company into its internal controls and compliance program as soon as practicable, including by training new employees, reviewing the relationship with third parties and conducting audits as necessary.

DVKG employees and its subsidiaries are expected to cooperate in such efforts.

 

14th Annual Training 

As part of the annual training, you must confirm that:

have read and understood this policy;

will abide by this policy; and

that you are not aware of any violations of this policy.

 

15. reporting and waiver of retaliation

Any DVKG employee who notices or suspects that this policy is being violated must immediately inform the CEO.

The identity of any person reporting a suspected or actual breach shall remain confidential unless required to be disclosed under applicable law for the protection of the interests of DVKG.

The Company will not tolerate retaliation of any kind against anyone who reports incidents in good faith.

Anyone who believes that they are being retaliated against should report this to the CEO as soon as possible.

 

16 Disciplinary measures

Employees who violate this policy will be subject to disciplinary action, up to and including dismissal, and may be subject to criminal and/or civil prosecution in relevant jurisdictions. Business partners who violate this policy will be subject to termination of all business relationships with DVKG.