Gifts, meals and entertainment
|The Code applies to me.|
|Gold Fields Tip-offs Hotline: 1800 623 245 (Australia)|
The giving, offering or receiving of certain gifts and entertainment can decrease others’ trust in Gold Fields and should be avoided. Included here are any gifts or entertainment that appear to be bribes, raise questions of conflict of interest for you or Gold Fields, or could damage the Company’s reputation. No cash payments should be made unless authorised as stated below.
Offering of personal benefits to any government official (see Preventing and eliminating bribery and corruption) is not permitted. Gold Fields supports laws and regulations prohibiting bribery and corruption, which include strict rules concerning gifts, hospitality and entertainment involving government officials and third parties. The Gold Fields Group Anti-Bribery and Corruption (ABC) policy should be read in this regard.
Although Gold Fields recognises that social engagement and sharing of nominal gifts plays a valuable role in the building of constructive business relationships, you must not provide or accept hospitality, meals and entertainment which influence or might be seen to influence your integrity, professionalism or judgement in relation to business decisions and relationships.
The payment or reimbursement of travel, accommodation and/or living expenses must be covered by Gold Fields after approval by a member of the Rexco or Gold Fields Exco. Any such authorised payments must be recorded in the Gifts, Hospitality and Entertainment Register. No payment for accommodation, travel and/or living expenses should be made by a third party.
Any invitations which you accept or provide must be within the limits of reasonableness and should never be offered or received in exchange for preferential treatment in any business dealing.
|No cash payments allowed unless approved in accordance with the provisions of this Code.|
WHAT IS MEANT BY 'NOMINAL VALUE'?
What is meant by ‘nominal value’?
The following amounts are deemed to be a nominal value:
The South Deep operation has elected not to accept or give ANY gifts or business courtesies of any nature or quantum whatsoever.
These amounts set out above may be reviewed from time to time by the Gold Fields EVP: Group General Counsel.
For gifts, meals/entertainment and hospitality you give to others:
For meals/entertainment you accept from others:
An employee who was managing Gold Fields’ relationship with a travel agency accepted discounted rates for personal travel from the agency that were not available to other employees. The employee has violated the Code provisions on conflict of interest by accepting this personal benefit.
|Exchanging entertainment with government officials
In addition to the provisions set out above the following requirements will apply when entertaining a government official see Preventing and eliminating bribery and corruption:):
|The EVP: Group General Counsel should be consulted if there is any risk that any entertainment could be seen as improperly influencing a
You should ALWAYS:
- comply with the strictest of requirements for giving and receiving of gifts, hospitality and entertainment whether they are provisions of the Code, any local internal policies, third party rules, contract terms or applicable legal requirements;
- return any gift of cash or cash equivalent that you receive from a third party, complete the Gift, Hospitality and Entertainment Register and notify your legal department that you have done this;
- if you believe it would be insulting to decline a gift, report it to your VP: Head of Legal who will decide whether it can be retained by Gold Fields, donated to charity (either itself or proceeds from the sale) or returned. Return any indecent or improper gift. Always record the actions taken in the Gift, Hospitality and Entertainment Register; and
- obtain proper approval from your Regional Exco member or Gold Fields Exco member before offering or accepting any gift, hospitality or entertainment from a third party.
You should NEVER:
- offer, give or receive any gift, hospitality or entertainment that:
- could be construed as a kickback, bribe, payoff or violation of any law or other Gold Fields policy and procedure;
- is cash or cash equivalent, including a bank cheque, money order, investment security, gift certificate/card or negotiable instrument;
- was solicited or offered in return for something else; and
- is indecent, sexually orientated, does not comply with our values or could adversely affect our reputation.
- offer, give or receive any gifts, hospitality or entertainment with a third party when you are involved in or could influence a tender or competitive bidding process;
- personally pay for any gift, hospitality or entertainment to avoid having to report or seek approval for it or which you know the Company would not or has not approved payment for; and
- conceal or assist in the concealment of the offering, giving or receiving of gifts, hospitality and entertainment.
|See Preventing and eliminating bribery and corruption for information on interactions with government officials.|
RECORD IT IN THE GIFT, HOSPITALITY AND ENTERTAINMENT REGISTER
Record it in the Gift, Hospitality and Entertainment Register
The acceptance of any invitation whatsoever of hospitality or entertainment must be recorded in the prescribed Gift, Hospitality and Entertainment Register. Examples would include, without limitation, meals, attendance at sporting, social or cultural events and shows, hunting, fishing or any other recreational trips or pursuits. In addition, the acceptance of any invitation, hospitality or entertainment valued atover the nominal value defined above, requires prior written clearance from a Gold Fields Exco member. If clearance is not forthcoming, you are required to decline the invitation politely and explain Gold Fields' policy in this regard.
Any donation, sponsorship or other offer of support by any Gold Fields Group member must be preapproved by the Regional Exco (unless the value of the donation, sponsorship or offer of support or amount considered exceeds the limits set out in the Gold Fields Approval Framework, in which case approval will be required from the CFO). In the case of the Corporate Office, the CFO is required to approve.
Any donations, sponsorships or other offers of support to recognised charitable and non-profit organisations should only be made if their activities are aligned with the principles in this Code. This should be recorded in the Gifts, Entertainment and Hospitality Register.
They cannot attend themselves but have told me to take someone else. The tickets are worth A$150 each. May I accept?
This will be deemed a gift. The maximum nominal value you can accept without approval is A$100, so you will need to get your Regional Exco member or Gold Fields Exco member’s approval and complete the Gifts, Hospitality and Entertainment Register. Ensure no tender processes are taking place whether you are involved in the process or not.
A member of the environmental protection agency would like to understand new ground breaking technology on tailings dams at one of our operations. He will pay for his own flights and hotel accommodation, but would like us to provide administrative support and local transportation. They also expect us to entertain them in the evening.
You may support visits of government and state company delegations to Gold Fields sites and offices but only if all items are approved in advance by the Regional EVP and the EVP: Group General Counsel. This requires that you complete the necessary registers after you have obtained the requisite approval.
The total cost will be R4 000. Since the cost per person is only R500, do I need Line Manager approval?
Approval limits are for the total value of the gifts or entertainment offered or given to a particular third party. In this instance you will need Regional Exco or Gold Fields Exco approval as the total value of the entertainment is R4 000. This approach should be followed when recording gifts and entertainment in the Gifts, Hospitality and Entertainment Register.