Investor Relations

Homepage  >  Investor Relations  >  Corporate Governance  >  Policies  >  Bribery And Corruption Management Policy
Share this post
 
 

Bribery and Corruption Management Policy

VISION

The Anti-Corruption and Anti-Bribery Policy aims the primarily compliance with national legislation and the international legislation referred to in this document, basic regulations, principles, recommendations and criteria as good practice examples published by international organizations.

The Anti-Corruption and Anti-Bribery Policy, prepared by the Ak Finansal Kiralama A.Ş. Compliance Unit within the scope of compliance with national and international regulations, becomes valid with the approval of the Board of Directors. The Compliance Unit is responsible for implementing and updating the policy.

PURPOSE

The purpose of the Anti-Corruption and Anti-Bribery Policy is to ensure compliance with the anti-bribery and anti-corruption laws and regulations, clean banking, ethical principles and universal rules applicable in all countries where our Company operates, as well as to ensure compliance with the obligations regarding the prevention of financial crimes, to protect our customers, our transactions, our products and services, by evaluating with a risk-based approach, to determine our strategies to reduce possible risks, our relevant controls and measures, our operating rules and responsibilities, and to raise awareness of all our employees on these issues.

At the same time, this policy aims to prevent the placing and laundering of the proceeds of bribery and corruption sourced crimes, to determine and eliminate as much as possible the environment that may pave the way for bribery and corruption crimes among bank employees-customers/business partners, and to fulfill the commitments.

All employees of our company are responsible for complying with this policy and continuing their transactions compatibly.

RESPONSIBILITIES

Prepared By : Compliance Unit
View Sharing Units : Directorate of Internal Control
Approved By : Board of Directors
Published By : Compliance Unit
Users : All Aklease employees and those working on behalf of Aklease are within the scope of this policy.

DEFINITIONS

Corruption: Corruption is a form of misuse of powers and authorisation directly or indirectly for personal gain which is undertaken by a person in any organization.

Bribery: Bribery is the benefit of a person within the framework of an agreement with a third party to act against the requirements of his position by means of doing or not doing a job, speeding it up or slowing it down. Bribery and corruption can take place in many different ways, including:

  • Cash payments
  • Donations to political parties and charities,
  • Commissions received,
  • Social rights that are used unequally and contrary to internal regulations,
  • Gift,
  • Hospitality activities,
  • Other benefits.

Risk: Risk is defined as the possibility that an event that will adversely affect the achievement of goals will occur. Also, risk is the possibility of benefiting from the services provided by our Company for the purpose of laundering proceeds arising from financial crimes, failure to comply with national and international regulations specified within the scope of corruption and bribery, or the possibility of financial or reputational damage that our Company may be exposed to.

Compliance Unit: The department of employees working under the Compliance Officer and responsible for the execution of the compliance program.

Third party: Shareholders, affiliates, group companies, current and potential business partners, customers, suppliers, partners, companies within the scope of support service are considered as third parties under this policy.

Commission: Commission is a payment made to a person who acts as an intermediary in exchange for his service.

Turkish Criminal Code No. 5237 (“TCC”): Bribery crimes are regulated in "Crimes Against the Trustworthiness and Functioning of the Public Administration" between chapters 252-254 in the first part of the fourth chapter of the second book of the TCC, under the section "Crimes Against the Nation and the State and Final Provisions". At the same time, according to the first paragraph of Article 282 of the TCC, crimes requiring a prison sentence of six months or more with a minimum penalty are considered to be a predicate crime of laundering. Therefore, the crime of bribing a public official, which requires a prison sentence of 4 to 12 years in accordance with the first paragraph of Article 252 of the Law, is the predicate crime of laundering.

United Nations Global Compact: It is an innovative corporate responsibility approach that proposes global principles to create a common development culture in the constantly competitive business world. It is aimed to develop a total of ten global principles in the areas of human rights, labor, environment and anti-corruption.

United Nations Convention Against Corruption: It is principles that aim to prevent and control corruption, to increase accountability and sustainable development and progress in both the public and private sectors. It proposes departments to fight corruption and model units to ensure transparency. It was signed by Turkey on 10 December 2003 and approved by Law No. 5506 and dated 18 May 2006.

United Kingdom Bribery Act: The United Kingdom Bribery Act was passed by the British Royal Family in 2010, and regulates bribery against companies and commercial enterprises in the United Kingdom and originate from the UK.

The Foreign Corrupt Practices Act of 1977 (FCPA): A federal law, that translates into Turkish as the “Yabancı Yolsuzluk Uygulamaları Yasası”, which regulates crime of bribing foreign government officials to obtain an unfair business advantage.

Sapin II: Sapin II come into force in France on 1 June 2017 and stipulates that companies should establish an anti-corruption policy to identify and reduce corruption risks by targeting transparency, anti-corruption and economic modernization. It is a criminal offense under the law to present a gift, award or donation to a foreign public official in order to create an unfair advantage or influence.

Council of Europe Criminal Law Convention on Corruption: This convention, which was prepared by the Council of Europe and opened for signature on January 27, 1999 and signed by Turkey on September 27, 2001; is a common criminal policy aimed at preventing corruption and bribery and protecting society against corruption.

GRECO (Group of States against Corruption) Recommendations: A guide aimed at evaluating compliance with the anti-corruption standards established by the Council of Europe and increasing their capacity in this regard.

OECD Guide to Multinational Companies: It contains voluntary principles and standards in various fields such as employment and industrial relations, human rights, environment, informing the public, competition, taxation, science and technology for the business environment.

SCOPE AND CONTENT

This policy applies to the members of the Board of Directors, General Manager, Senior Managers and all company employees, companies and employees from whom we receive outsourcing services, including support services regulated by legal regulations, suppliers, consultants, lawyers, external auditors, on behalf of the company. It includes people and organizations that do business and our customers.

Our Company's Anti-Corruption and Anti-Bribery Policy has been prepared by benefitting from the regulations, recommendations, principles, standards and guides introduced by national and international organizations.

In this context, in the Anti-Corruption and Anti-Bribery Policy document below section that all employees shall pay attention are included.

  • General framework on corruption and bribery
  • Risky areas within the scope of corruption and bribery
  • Matters to be considered within the scope of anti-corruption and anti-bribery activities
  • Monitoring and control activities

GENERAL FRAMEWORK ON CORRUPTION AND BRIBERY

Anti-Corruption and Anti-Bribery Policy has been drafted in accordance with national and international regulations, principles, recommendations and criteria. The following regulation are taken as a basis within the scope of this National Legislation;

  • Article 87 of Law No. 6352,
  • Article 252 of the Law No. 5237.

Within International Organizations;

  • United Nations Convention Against Corruption,
  • United Nations Global Compact,
  • US Foreign Corrupt Practices Act (FCPA),
  • United Kingdom Bribery Act,
  • Sapin II – French Anti-Bribery Law,
  • Council of Europe Criminal Law Convention on Corruption,
  • Recommendations of the Council of Europe Group of European States Against Corruption (GRECO),
  • OECD Guidelines for Multinational Companies.
  • constitutes the general framework of the policy.

FOCUS AREAS OF CORRUPTION AND BRIBERY

Within the scope of this policy, departments shall consider the below main focus areas in order to comply with the policy and to to maintain the conduct of business,
Receiving and presenting gifts,
Representation and hospitality activities,
Facilitation payments,
Donation payments (Political contributions and charitable contributions),
Abuse of power,
Relations with third parties and business partners,
Relations with legal authorities,
Actions required within the scope of sponsorship relations

It is absolutely unacceptable to take or give a bribe, regardless of its purpose. These principles are also sought for third parties receiving or providing services, as well as business partners. Activities with third parties, which are all beneficiaries other than employees of our company; should be maintained in a fair, transparent, honest, legal and ethical manner. It is strictly prohibited to make or receive improper payments and abuse of power, directly or indirectly, against third parties, legal authorities, business partners and other parties with whom we have business relations, both internally and externally.

The main focus areas where bribery and corruption may occur are described below.

7.1. Receiving and Presenting Gifts

Gifts are products and services that are given for the purpose of commercial courtesy or appreciation, which do not require a monetary or moral return, between existing business relations and potential business prospects.

Our company employees should not accept gifts that they think may affect their responsibility and decision-making processes. In cases where the will to refuse is not accepted by the other party and there is a risk of harming the business relationship, they may accept gifts with a value not exceeding 1,250 TL for one time only. In a calendar year, they can accept gifts not exceeding 5,000 TL.

For each gift that our company employees accept with a value not exceeding the value of 1,250 TL, the employee fills the "Gift Acceptance Declaration Form (Annex-1)" and submit the form to the Directorate of Internal Control. If the gift amount exceeds 1,250 TL, the employee fills the "Gift Return Letter (Annex-2)" form and submits the declaration that he cannot accept the gift to the Aklease Compliance Unit together with the real/legal person giving the gift. Regarding the employee who accepts the gift but does not fill in the "Gift Acceptance Declaration Form", or about the employees who are determined by Aklease Compliance Unit, where the amount of the gift declared in the "Gift Acceptance Declaration Form" exceeds 1,250 TL, due to the violation of the Gift and Hospitality Policy by the Directorate of Internal Control investigation is started.

7.2. Representation and hospitality activities

Representation and Hospitality activities are invitations, entertainment, catering, corporate communication organizations and training activities carried out for the purpose of representation and entertainment among persons in a business or potential business relationship.

Hospitality activities desired to be carried out by employees working on behalf of our Company and representing our Company must be openly, in good faith and unconditionally. In the event that our Company's employees organize entertainment or provide meals for the purpose of representation and entertainment, the principles regarding the use of representation and entertainment powers determined by our Company should be applied. In addition, representation and entertainment should not cause any conflict of interest or a perception in this direction.

7.3. Facilitation Payments: 

Facilitation payments are informal, improper, small amounts of payments made to a low-level employee to secure or expedite the execution of a routine or necessary action to which the person who made the facilitation payment is legally entitled. Our company prohibits employees or individuals operating on behalf of the Company, receive or make facilitation payments from any public institution or individuals affiliated with a public institution in order to secure or accelerate routine transactions and processes (obtaining permits or licenses, obtaining documents, tender procedures, etc.). In case of any doubt in this regard in the transactions made, our Company ethics line etik@aklease.com or Akbank ethics line etik@akbank.com should be reported. Akbank Board of Inspectors and Aklease Directorate of Internal Control should share the Ethics Line notifications reported in this framework with the Aklease Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime.

7.4. Donation payments (Political contributions and charitable contributions)

Our company prohibits its employees and persons and organizations working on behalf of the company from making political contributions to any political party, political case, or supporting any independent political candidate on behalf of the company. Contributions made are exempted from this rule if they are independent of our Company, do not provide commercial advantages and are individual. Political contributions referred to in this policy are all payments made on behalf of a political cause (donations, gifts, service provision, loans, political party advertising and marketing, purchase of fundraising event tickets, and contributions to research units, etc.).

Our Company does not impose any restrictions on its employees and individuals and organizations working on behalf of the company to support charitable organizations with their own means, independently from our Company. However, donations to charities must comply with the principles in our Company's Ethical Principles.

On the other hand, at the stage of our Company's social responsibility projects and donations to charities, following the opinion of the Compliance Deparment, the approval of the Board of Directors must be obtained. Akbank Board of Inspectors and Aklease Directorate of Internal Control should share the Ethics Line notifications reported in this context with the Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime.

7.5. Abuse of power:

Abuse of power means the use of the powers in the decision-making process by obtaining personal benefit. Employees of our company cannot take decisions in favor of or against themselves, their relatives or third parties, under the name of personal interests, while performing their powers and duties. They cannot act in a way that will cause harm to our company and customers. Our company’s employee, while performing his duties, to adhere to the confidentiality of the information obtained; shall not disclose such information to third parties or parties without a specific authorization and shall not use it for the benefit of himself or third parties or parties. In case these and similar situations are detected by our Company employees, our Company ethics line etik@aklease.com or Akbank ethics line etik@akbank.com should be reported. Akbank Board of Inspectors and Aklease Directorate of Internal Control should share the Ethics Line notifications reported in this context with the Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime.

7.6. Third parties and business partners: 

Shareholders, affiliates, group companies, existing and potential business partners, suppliers, partners, companies within the scope of support service are considered as third parties under this policy.

Outsourced firms and business partners are required to comply with policy principles and other relevant regulations. Before purchasing goods and services, our company informs the third parties and their partners that they have to comply with the rules of this policy. The Compliance Unit's opinion should be sought in order to make the necessary research and evaluations for any service outsourced or provided. In addition, the Operations Business Unit should act in accordance with the Purchasing Department Regulation and check the documents and research specified in the Regulation. Business Department, on the other hand, should implement the points specified in the Anti-Corruption and Anti-Bribery Guidelines at the request stage and afterwards. Companies that may be third parties should not have negative intelligence about bribery, corruption and similar economic crimes. In case of any situation regarding third parties that does not comply with these policy principles and our ethical principles, it is required to report to our Company ethics line etik@aklease.com or Akbank ethics line etik@akbank.com. Akbank Board of Inspectors and Aklease Directorate of Internal Control should share the Ethics Line notifications reported in this context with the Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime.

7.7. Relations with Legal Authorities: 

The gifts and treats that will be given directly or indirectly to the officials in the foreign or local legal authorities with whom our company is in contact due to legal regulations are limited to the gifts of symbolic and non-material value specified in our Company's Gift and Hospitality Policy. In addition, it is strictly forbidden to offer any other benefits and privileges. Business units must act in accordance with the procedures and principles set forth in our ethical principles and the Gift and Hospitality Policy, in a way that does not cause a false perception in their relations with legal authorities. Business units and employees acting on behalf of our Company must act in a way that will not harm my ethical values ​​and our Company's reputation.
Evaluation of public and treasury funds and fund transactions within the scope of compliance and corruption should be considered. When there are public and treasury funds that can provide financing by taking loans, the opinion of the Compliance Unit should be sought.

7.8. Sponsorships:

Sponsorships can be in the fields of sports, arts, culture, education, entrepreneurship and science or in the form of supporting an activity or organization. Sponsorships should be made without expecting anything in return and in the public interest. There should not be any concerns that might cause a conflict of interest between our company and the organizations contracted for the sponsorship service. Sponsorships that are determined annually or that can be realized in line with the bank's strategies during the year can be submitted to the approval of the General Manager and the Chairman of the Board of Directors, together with the opinion of the Compliance Unit. Akbank Board of Inspectors and Aklease Directorate of Internal Control should share the Ethics Line notifications reported in this context with the Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime.

ISSUES TO BE CONSIDERED WITHIN THE SCOPE OF ANTI-CORRUPTION AND ANTI-BRIBERY ACTIVITIES

Accurate Record Keeping:

When making a payment to any party, our company must keep all financial records in order to verify the nature of the transaction and establish necessary control points within the scope of our Company's Internal Control Regulations. Business units are responsible for accurately recording, reporting to the Compliance Unit the below within the scope of corruption and bribery, in case of realization of the focus areas and keeping the below for the relevant legal terms.

Receiving/giving gifts, hosting and representation organizations; commercial papers such as all relevant receipts, invoices, etc.,
The document regarding the approval of the Board of Directors for the contributions to be made on behalf of the company within the scope of the charitable organization, the approval document and the donation payment form,
Within the scope of third parties and business partnerships, company information, supporting documents such as offer evaluation form, contract, invoice sample etc.
For expenses within the scope of relations with Legal Authorities; commercial papers such as all relevant invoices, receipts, receipts, etc.
Commercial documents such as contracts, invoices, receipts, receipts for expenses within the scope of sponsorship.

All documents issued within the scope of focus areas should be submitted appropriately, records should be recorded completely, accurately and reliably, and relevant records should be kept ready for audit and inspections made by official institutions. Commercial records related to accounting or any private transaction should not be tampered with, altered or distorted from the facts.

Reporting and Protection of Data

When an employee acting on behalf of the company suspects corruption, is offered a bribe, is asked to pay a bribe, or engages in any unlawful activity, it should be reported to our Company ethics line is etik@aklease.com or Akbank ethics line etik@akbank.com.

The notification or reporting must be kept completely confidential. Negative treatment as disciplinary punishment, dismissal, mobbing, etc. should be prevented to any employee who makes the notification or reporting.

Breach of policy

In case of violation of this policy, if the violation of this policy is confirmed by an investigation by the Compliance Unit, Akbank Board of Inspectors and Aklease Directorate of Internal Control are informed. Akbank Board of Inspectors and Aklease Directorate of Internal Control should also share the Ethics Line notifications reported with the Compliance Unit within the scope of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime. Reports made to the Ethics Line must be confidential. The persons making the notification are kept confidential under all circumstances and are not disclosed in any way.

In the event that inappropriate behavior is detected in the examination carried out by the Akbank Board of Inspectors, sanctions are imposed in accordance with the provisions of our Company's Disciplinary Regulations.

If the violation of this policy is confirmed by examining the organizations from which foreign services are received and within the scope of business partnerships, Akbank Internal Audit Department and Aklease Directorate of Internal Control are informed and the business relationship with the specified organizations is terminated as a result of the investigations.

Training Activities

Trainings are an important tool to increase the awareness of the employees. The Compliance Unit is responsible for the effective monitoring of the policy and the compliance and evaluation of the policy. Planning and coordination of educational activities are carried out by the Culture and People Department under the supervision of the Compliance Unit. Trainings are prepared through the joint assessments of Compliance Unit and Human and Cultural Department and by taking the opinions of the Directorate of Internal Control. The training to be provided includes all employees of our Company.

All employees and individuals acting on behalf of the Company are responsible for the success of the Anti-Corruption and Anti-Bribery Policy.

MONITORING AND CONTROLLING ACTIVITIES

Monitoring and controlling activities include the activities for prevention of corruption and bribery and keeping the risks that may be encountered in this context under control. These activities are formed within the framework of the principles of fighting against corruption and bribery at the national and international level and best practices in the international arena.

All elements defined as risky should be continuously monitored by business units, the Compliance Unit and Directorate of Internal Control.
The procedures to be followed and controlled at all times within the scope of the fight against corruption and bribery in our company are as follows:
The specified transactions regarding accepting or presenting gifts and Representation and Hospitality activities are kept under control.
Donation payments (Political Contributions and Charity Contributions), are controlled in accordance with the principles set forth in this policy and our Ethical Principles.
The activities within the scope of third parties and business partnerships are controlled in accordance with the principles set forth in this policy and our Ethical Principles.
Sponsorship activities are controlled in accordance with the principles set forth in this policy and our Ethical Principles.
Training activities are organized to raise awareness of all employees of our Company and all relevant parties within the scope of this policy.
The principles of our Company's Ethical Principles regarding employment and personnel changes, our Company's branch activities and loan allocation activities are followed.
Notifications of risky matters specified in this policy are notified to our Company ethics line etik@aklease.com or Akbank ethics line to etik@akbank.com.

Within the scope of fighting against corruption and bribery, necessary measures are taken within the scope of our Company's disciplinary regulation.

Notifications regarding all risky elements are submitted to the senior management quarterly by the Compliance Unit.

EFFECTIVENESS AND REVISION

All employees working in the units where this policy is applicable are responsible for the implementation of the principles set out in this document, under the supervision and coordination of the Compliance Unit and Directorate of Internal Control.

This document enters into force on the date of publishment.

Notification of subsequent updates and amendments to this policy and other integral parts to our employees are made through internal electronic media.