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Gift and Hospitality Policy

SCOPE

It is aimed to regulate the framework regarding the procedures and principles of gifts received or presented and hospitality activities in the social relations of Aklease employees with their business partners and customers, to prevent conflicts of interest, and thus to ensure compliance with anti-corruption and anti-bribery laws in all countries with which it has business relations.

SCOPE and CONTENT

This policy, which was prepared within the scope of "Anti-Bribery and Anti-Corruption Policy", "Our Ethical Principles" and "Discipline Regulation", regulates the basic framework that Aklease employees should follow regarding receiving and presenting gifts and hospitality activities in their relations with customers and third parties.

RESPONSIBILITIES

Prepared by : Department of People and Culture
Opinion issued by : Directorate of Internal Control
Approved by : Board of Directors
Published by : Department of People and Culture
Users: All Aklease employees and those working on behalf of Aklease are within the scope of this document. 

RELATED REGULATIONS:

Turkish Criminal Code No. 5237:

Bribery crimes are included in Articles 252-254 in the first part regarding Crimes Against the Credibility and Functioning of the Public Administration” of the fourth chapter which includes “Crimes Against the Nation and the State and Final Judgments” of the second book of the Turkish Criminal Code (the “Code”).
In addition, according to first paragraph of Article 282 of the Law, crimes with a minimum prison sentence of six months or more were accepted as predicate crimes 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.

Law No. 5549 on the Prevention of Laundering Proceeds of Crime :

As in all other predicate crimes, the Financial Crimes Investigation Board (MASAK) is responsible for carrying out the research and investigation regarding the detection of the laundering crime in case of laundering the proceeds of bribery.

Pursuant to Article 4 of the Law No. 5549, if there is any information or suspicion that the assets subject to the transactions made or attempted to be carried out before or through the obliged parties listed in Article 2/d of the aforementioned Law, are obtained illegally or used for illegal purposes, these transactions must be reported to the Financial Crimes Investigation Board (MASAK) by the liable parties.

Law No. 4518 on Approving the Convention on the Prevention of Bribery Given to Foreign Public Officials in International Commercial Transactions:

It is the law that provides the transposition of the Convention on the Prevention of Bribery Given to Foreign Public Officials in International Commercial Transactions dated 21.11.1997, which is one of the regulations of the Organization for Economic Cooperation and Development (OECD), to which our country is also a party, into the local legislation with its adoption on 01.02.2000.

Convention on the Prevention of Bribery of Foreign Public Officials in International Commercial Transactions:

Regarding bribery and corruption crimes, private sector employees should also be knowledgeable and careful as employees of liable groups in accordance with the Convention on the Prevention of Bribery of Foreign Public Officials in International Commercial Transactions dated 21.11.1997, which is one of the Organization for Economic Cooperation and Development (OECD) regulations and to which our country is also a party.

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions:

A convention issued by the Organization for Economic Cooperation and Development, which is an international economic organization. It is a convention that sets legally binding standards to criminalize bribery of foreign public officials in international commercial transactions and includes a series of measures in this regard. It is the first and only international anti-corruption regulation to focus on the "supply-side" of the crime of bribery.

The Foreign Corrupt Practices Act of 1977 (FCPA):

The “Foreign Corrupt Practices Act” is a United States Federal Law that criminalizes bribery of foreign government officials for the purpose of unlawful profit.

Sapin II:

The law that entered into force on 1 June 2017 in France, targeting transparency, anti-corruption and economic modernization, which stipulates that companies should establish an anti-corruption program to identify and reduce corruption risks. It is a crime under the law to present a gift, award or donation to a foreign public official in order to create an unlawful profit or influence.

The UK Bribery Act:

The UK Bribery Act, which was approved by the Crown in 2010, regulates the crime of bribery at the companies and commercial organizations established in the United Kingdom.

Anti-Bribery and Anti-Corruption Policy:

It is a policy that aims to comply with the anti-bribery and anti-corruption laws and regulations, ethical and professional principles and universal rules in all countries where Aklease operates. This policy covers all Aklease employees, companies and their employees from whom we receive outsourcing services, including support services regulated by legal regulations, and persons and organizations working on behalf of Aklease, including suppliers, consultants, lawyers, external auditors.

Ethical Principles:

It is a document that has been created in order to apply the concept of ethics, which is a priority and indispensable for the finance sector, in all kinds of transactions, behaviours and decisions of Aklease employees, and is updated in line with the needs and current developments.

Discipline Regulation:

It is a document that transparently and fairly regulates the sanctions that must be applied as a result of the negativeness that Aklease employees may cause inside and outside the company.

DEFINITIONS:

Gift: These are the products and services provided for the purpose of commercial courtesy or thanks that do not require any material or moral return between the existing business relationship and potential business expectations.

Hospitality Activities: These are invitations, entertainment, caterings, corporate communication organizations and training activities carried out for the purpose of representation and hospitality among people in business or potential business relationships.

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

Conflict of Interest: Employees are required to avoid all kinds of transactions and relationships that may harm the employer for their personal benefits. In case of breach of this trust relationship, a conflict of interest may arise. A conflict of interest is the inconsistency between the personal interest of the employee and the interest of Aklease and the customer, or the formation of a perception in this regard.

The possibility of our every transaction and behaviour being perceived as a conflict of interest by others, and if it is perceived, whether both us and Aklease will be in a difficult position, whether it will affect our impartiality, and if not whether it will be perceived in this way and whether it will negatively affect Aklease, our customers, suppliers and other stakeholders.

PROCEDURES AND PRINCIPLES OF GIFT POLICY

Gift policy procedures and principles specify the procedures and principles to be followed in accepting gifts, presenting gifts, representation and hospitality activities.

Procedures and Principles to be Followed in Accepting Gifts

It is ensured that the accepted gifts do not make an impression that the person who gives that gift has a priority application or any privilege, or that this situation does not damage the image of Aklease.

An employee working on behalf of Aklease and representing Aklease may accept or give gifts for the following reasons;

  • To promote products or services,
  • To build an image of the institution,
  • To celebrate / congratulate,
  • To show respect and value

However;

  • The employee should not accept the gift in cases where s/he thinks that a gift presented to her/him, regardless of its monetary value, may affect her/his own responsibility and decision-making.
  • Under no circumstances should accept gifts with a monetary value exceeding 1,250 Turkish Liras. When encounter with such situation, s/he should politely decline the gift and state that s/he could not accept the gift due to Aklease's "Gift and Hospitality Policy".
  • The total value of gifts accepted from various sources within a calendar year must not exceed 5,000 Turkish Liras. Our employees are required to fill the "Gift Acceptance Declaration Form" (Annex-1) for each gift that they accept with a value under 1,250 Turkish Liras and submit it to Aklease Compliance Unit.
  • Cash gifts, precious metals such as gold, diamonds, or gifts that are easy to convert into cash, discount checks should not be accepted under any circumstances. In case the gift is not accepted or returned after accepted, a "Return Letter" (Annex-2) must be sent to the other party. The form is also submitted to Aklease Compliance Unit for information purposes.
  • Gifts should not be accepted in business relations related to processes such as tenders, offers, support services, etc.
  • Gifts with low monetary value or with nominal value such as chocolates, flowers or promotional items, are not covered by this policy. However, such gifts of low monetary value should not be accepted consistently, regardless of the type of gift and the recipient.

Promotional products of companies or institutions may differ in terms of their values. The limits for presenting and accepting gifts (maximum 5,000 Turkish lira) are also valid for promotional products.

  • Gifts received by Aklease employees from their affiliated or non-affiliated employees or from each other within the motivation limit and principles are not covered by this policy.

Procedures and Principles to be Followed in Presenting Gift

In the presentation of gifts by employees working on behalf of Aklease and representing Aklease, the principles regarding the authority of representation and hospitality determined by Aklease are applied.

Gifts with low monetary value or nominal value may be presented such as chocolate, flowers or promotional products.

Gifts should be in good faith and unconditionally, and it should be ensured that the gift does not make an impression that it may affect any responsibility or decision-making process. In addition, the gifts to be presented to the other party should not be likely to create a conflict of interest.

Attention should de paid to ensure that the gift to be represent Aklease and to be presented in a timely manner that will not cause misperception.

Procedures and Principles to be Followed in Hospitality Activities

In the event that Aklease employees organize entertainment or catering for the purpose of representation and entertainment, the principles regarding the authority of representation and hospitality determined by Aklease are applied.

If Aklease employees or any party authorized by Aklease is hosting an invitation, travel and accommodation expenses of the guests are covered by the guests, unless otherwise expressly stated in the invitation. In the event of reasonable or explainable cases (educational activities, corporate communication organizations, etc.), expenses may also be covered by Aklease.

Hospitality activities to be carried out by employees working on behalf of Aklease and representing Aklease must be publicly, in good faith and unconditionally. It should be considered not to create any responsibility or the impression that it may affect the decision-making process on the hosted party.

Procedures and Principles to be Followed in Being Hosted

Employees working on behalf of Aklease and representing Aklease may participate in entertainment and catering events for the purpose of representation and entertainment, provided that they are acceptable, reasonable and modest in the business world.

Travel and accommodation expenses incurred by Aklease employees or any party authorized by Aklease due to invitation and work shall be covered by Aklease, unless otherwise stated in the invitation. In necessary, reasonable or explainable cases (educational activities, corporate communication organizations, etc.), expenses may also be covered by the party sending the invitation.

Hospitality activities to be accepted by employees working on behalf of Aklease and representing Aklease; must be publicly, in good faith and unconditionally. It should be ensured that it does not make an impression that it may affect Aklease's responsibility or decision-making.

COMPLIANCE WİTH THE GIFT POLICY

Aklease's external communication text about the gift policy is published on the Aklease website (Annex-3). Employees working on behalf of Aklease and representing Aklease can use the Anti-Bribery and Anti-Corruption Policy, Ethical Principles and Gift and Entertainment Policy documents.

EFFECTIVENESS and REVISION

This document and the amendments to be made in the document enters into force on the date approved by the Board of Directors.