PAREXEL International Corporation and its majority owned subsidiaries (“PAREXEL”) is committed to comply with all applicable laws and regulations, including, but not limited to, anti-bribery and anti-corruption laws (ABLs).
Integrity and ethics are core values at PAREXEL. An important element of PAREXEL’s commitment to integrity and high ethical standards is its policy prohibiting employees, or anyone acting on PAREXEL’s behalf, from providing any payment or benefit to any person or entity in order to improperly influence a government official or any private party to gain an unfair business advantage.
PAREXEL expects the same commitment for zero tolerance of corruption from the entities, consultants, agents, and representatives, and those persons acting on their behalf (“Third Parties”), that PAREXEL has engaged to perform services.
PAREXEL and all Third Parties must therefore comply with all applicable laws and regulations worldwide addressing domestic and non-domestic bribery and corruption. The two laws that are the most commonly cited and enforced globally are the Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010. Both laws apply to PAREXEL and Third Parties acting on PAREXEL’s behalf because PAREXEL’s parent companies are based in the United States and the United Kingdom.
The Foreign Corrupt Practices Act of 1977, as amended (“FCPA”), is the most widely enforced anti-corruption law. The FCPA prohibits corrupt payments to foreign government officials (i.e. non-US) for the purpose of obtaining or retaining business for, or with, or directing business to, any person or entity.
The UK has enacted the UK Bribery Act of 2010 which is broader than the FCPA and prohibits the promising, offering or giving or receiving of a financial or other advantage, either directly or through a third party, to any person and is not limited to foreign public officials. It also bans facilitation payments to government officials. Finally it imposes a strict obligation on corporations for failure to prevent bribery by “associated persons” (agents, employees, subsidiaries) on their behalf.
The FCPA, UK Bribery Act and the French ‘Sapin II’ Act are examples of ABLs that are extra-territorial; meaning they have jurisdiction outside their own country. Therefore violators can be prosecuted in their home countries, or other countries, for bribes paid anywhere in the world. Of course, when working in any country PAREXEL must also comply with the national ABLs. PAREXEL refer specifically to the US and UK enforcement authorities, as they have been most active regarding investigation and fines.
To be clear, bribes and kickbacks may be criminal acts strictly prohibited by law and employees and Third Parties must not offer, give, solicit or receive any form of bribe or kickback anywhere in the world, in connection with a government transaction or a purely commercial one.
The meaning of “Government Official” is broad and includes for example (not exhaustive):
A corrupt purpose includes:
Examples of situations where improper payments can occur or could be offered include, but are not limited to, the following:
Common business practices can be construed as improper payments, such as paying for the travel of spouses, inappropriate non-business-related travel, and/or excessive entertainment.
Third Parties must never:
Third Parties must comply with:
PAREXEL has zero tolerance for bribery or any other form of corruption and violation of any ABLs by any Third Parties.
From a legal perspective, payment of a bribe through a third party or a supplier has the same effect as making the bribe directly. The company and the individual face the same civil and criminal charges as if the payments were made directly by PAREXEL.
The following list provides examples of payments and other actions which are prohibited. This list is not intended to be exhaustive.
The FCPA, UK Bribery Act and other ABLs can be complicated and are not always intuitive. Please check with your Legal or Compliance Department if there is the slightest doubt.
PAREXEL and all Third Parties working on behalf of PAREXEL are required to maintain proper financial books & records. Required conduct includes:
Gifts of any value to government officials and healthcare professionals are strictly prohibited.
For gifts to persons other than government officials or healthcare professionals, Third Parties must have PAREXEL’s prior written approval before making the gift.
All Third Parties must ensure that it has implemented appropriate policies prohibiting bribery and corruption and has provided appropriate anti-bribery and anti-corruption training to their employees, including affiliates and sub-contractors, particularly those persons who interact with government officials or healthcare professionals on behalf of PAREXEL.
Any actual or suspected violations of these guidelines, including improper gifts or payments of any amount, however small, must be reported promptly to PAREXEL.
If Third Parties receive or becomes aware of a request for a bribe or facilitation payment, this should be reported to the primary PAREXEL contact before any action is taken.
While we prefer that you identify yourself when reporting suspected violations so that we can follow-up with you, Third Parties who wish to anonymously report suspected violations of PAREXEL policies and/or applicable laws or regulations can do so using the website found at www.parexel.ethicspoint.com, which is managed by an independent third-party vendor. This site can be used to submit anonymous reports electronically, or to find the available toll-free telephone numbers for the applicable country where the issue arose. Hotline callers will have the ability to submit their reports in their local language.
PAREXEL is committed to a zero tolerance towards retaliation and therefore wish to encourage and promote a culture where all employees and Third Parties are comfortable reporting suspected violations of PAREXEL policies and/or of applicable laws, regulations and/or guidelines.
Anti-Bribery Guidelines for Third Parties ( Per CP-807-06 Compliance with Anti-Bribery Laws) Effective Date: 1 June 2018