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National is committed to the highest business conduct standards wherever it operates. National observes these standards worldwide, even at the risk of losing business. While no one can anticipate all the situations that may present challenges to doing business in the worldwide marketplace, the following guidelines always apply:
- Observe all laws and regulations, both U.S. and non-U.S., that apply to business abroad.
- Paying bribes to government officials is absolutely prohibited, even if those bribes are common practice. You may not give, promise to give, or authorize the giving to a foreign official, a foreign political party, or official thereof or any candidate for foreign political office any money or offer, gift, promise to give or authorize the giving of anything of value to influence any act or decision, to induce such official, party or candidate to do or omit to do any act in violation of the lawful duty of such official, party or candidate, or to induce such official, party or candidate to use his or her influence with a foreign government or agency to affect or influence any act or decision of such foreign government or agency. (Note that bribes do not include facilitating payments to low-level non-U.S. governmental employees and officials for non-discretionary action which are discussed in the next section.)
- Do not cooperate with illegal boycotts.
- Observe all licensing requirements and the requirements of applicable import and export control laws.
- Do not enter into an agreement with an agent or consultant that relates to National’s business outside the United States unless it has been approved by the Company.
- Observe all privacy and data protection laws and regulations of other countries (such as Japan, Hong Kong, Australia, Canada and Argentina) and authorities (such as the European Union).
The laws governing National’s business in foreign countries are extensive and complex, and may be different from those in the United States. No new National services or products should be offered in any new country without prior approval, including approval by National’s Export Compliance department, and then only in accordance with the applicable local country’s regulations and requirements.
Facilitating Payments to Low-Level Non-U.S. Governmental Employees and Officials for Non-Discretionary Action
National is committed to complying with the laws of the countries where it operates. In some countries, a very limited category of small payments to facilitate or expedite routine nondiscretionary governmental actions may be permitted as exceptions to antibribery laws, including the U.S. Foreign Corrupt Practices Act (“FCPA”). The requirements pertaining to payments such as these are complex. National employees engaged in international business activities must obtain prior approval from National's General Counsel and the Office of Business Conduct and Ethics before making any such payment.
These “facilitating payments” to non-U.S. governmental officials are distinguished from payments made to influence a discretionary decision or to cause violation of, or an act in conflict with, the interests of an individual’s employer, which are strictly prohibited. Once each year, the manager of each business unit must certify that they have no knowledge of any improper payments made or received by anyone within their group.
Import and Export Regulation/Trade Compliance
Because of the international nature of our business, National is subject to the import and export laws and regulations of the United States and certain foreign governments. These laws and regulations govern the international transfer of all products and services of National, as well as technology, information and ideas belonging to National.
Under U.S. law, no technology may be exported without the proper government export licenses and documentation. Exports of technology include not only technology shipped via freight, but also technology that is hand-carried (employees traveling overseas), sent via courier services or U.S. mail, electronically transmitted, and/or disclosed to foreign nationals in the United States or abroad. “Technology” includes hardware, software, technical documentation, product specifications, technical data, as well as the ideas behind them.
It is your responsibility to ensure that proper documentation accompanies each export or disclosure. Failure to export or re-export without the proper export license or documentation can jeopardize National’s compliance with U.S. export laws, as well as those laws of foreign countries. Non-compliance can result in denial of export privileges, criminal penalties, seizure of products, and fines to National and its employees.
It is National’s policy to comply fully with all applicable U.S. and foreign laws controlling the export and re-export of products, technology (including software) and services. You must exercise the necessary diligence to ensure that National complies with all applicable U.S. and foreign government regulations regarding exports.
Antiboycott Compliance
The United States has enacted antiboycott regulations that make it unlawful for U.S. persons to participate in any activity that could have the effect of promoting or supporting a boycott or restrictive trade practice of another country against customers or suppliers located in a country friendly to the U.S. or against a U.S. person, firm or corporation. Boycott issues arise most frequently in connection with the Arab boycott of Israel. Prohibited actions include, but are not limited to, furnishing information about business relationships with boycotted countries, or information about race, religion, sex or national origin. You need to be sensitive to requests for such information. Any request for such information or to participate in boycott activities should be immediately reported to National's General Counsel as well as the Office of Business Conduct and Ethics. Violation of the antiboycott regulations can lead to significant sanctions, including fines, prison terms, and denial of export privileges.
Privacy and Data Protection Compliance
Several countries (including Canada, Argentina, Japan, Hong Kong and Australia) and the European Union have strict rules with respect to collection of personal information about individuals, which apply to companies that collect information about their employees. Personal information may include information that would be routinely gathered in the U.S. such as home address, contact information, and personnel information. Many of these rules prohibit transmission of personal information about individuals from outside the U.S. into the U.S., unless certain safeguards are provided with respect to the personal information transmitted into the U.S. All employees outside the U.S. should use care with respect to collection, storage and transmission of any personal information to ensure compliance with applicable privacy and data protection laws and regulations. All employees inside the U.S. should use care with respect to receiving or obtaining any personal information from locations outside the U.S. All employees in any location should raise any questions about appropriate treatment of personal information with the Office of Business Conduct and Ethics.
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