• Anti-Bribery and Anti Corruption Policy

Anti-Bribery and Anti Corruption Policy

1. Purpose

The purpose of Anti-Bribery and Anti-Corruption Policy is to exhibit policies against bribery and corruption given in TEMSAN A.Ş.’s İKY.TLM.005 Ethical Conduct rules.

2. Scope

Anti-Bribery and Anti-Corruption Policy; covers all TEMSAN A.Ş.’s employees, including TEMSAN A.Ş. Board of Directors, companies and their employees, suppliers, consultants, lawyers, external auditors, individuals, institutions and business partners working on behalf of TEMSAN A.Ş.

3. Definitions

Corruption is the abuse of authority, directly or indirectly, for the purpose of gaining any kind of income.

Bribery; 

  • providing, offering or promising benefits directly or through intermediaries, in order for a person to perform a work that is required by his/her duty, to have him/her done, not to do it, to speed it up, to slow it down, 
  • Requesting or accepting, 
  •  Or my means of mediating them, benefiting himself/herself or the party requesting it, or another person due to this relationship, within the framework of an agreement with another person to act contrary to the requirements of his/her duty.

Bribery and corruption can occur in many different ways.   These can be; cash payments, donations, commissions, benefits, gifts, entertainment and other benefits.

4. Tasks and Responsibilities

It is the Board of Directors authority, duty and responsibility to implement and update Anti-Bribery and Anti-Corruption Policy. In this framework;

  • Corporate Governance Committee advising the Board of Directors to establish an ethical, reliable, legal and controlled working environment,
  • Monitoring whether the activities are carried out safely and in compliance with legal regulations by the General Manager and the Ethics Committee in compliance with the principles to be determined by the Board of Directors,
  • Determining an operating notification, review and sanction mechanisms in the event of failure to comply with policies, rules and regulations,
  • Furthermore if all TEMSAN A.Ş.’s employees encounter any behavior, activity or practice that violates this policy they need to inform this to Ethical committee.

5. Selecting Company and Business Partners and Coming to an Agreement 

5.1 At the phase of selection of companies and business partners from which goods and services are purchased and business is done by the senior management, their ethical levels and their affirmative past in this field also taken into account together with criteria such as experience, financial performance, technical competence.

The companies or business partners who have negative intelligence about bribery or corruption, even if they meet other criteria will be rejected.  

Companies and business partners from which goods and services are purchased and sold must comply with the principles of this policy and other relevant legal regulations and co-operations with such persons and institutions will be terminated.  It is evaluated in the Ethics Committee whether the aforementioned issues are acted upon in its audits.

5.2 For the agreements and contracts with company and business partners;

  • Necessity to fully comply with the principles specified in the policy and other relevant regulations,
  • Ensuring that its employees receive training on this policy periodically and internalizing these principals and ensuring that it behaves accordingly,
  • Regular reminders to employees about reporting obligations and the Ethics Committee and encouraging them to make notifications if they encounter such cases,
  • In case of violation of this policy work and the contract in force will be terminated

with rightful cause. 

6.  Our Policy and Procedures

6.1 Bribery and Corruption

TEMSAN A.Ş. is against all kinds of bribery and corruption. It is absolutely unacceptable to accept or offer bribe, regardless of its purpose.

6.2 Gift 

A gift is a product that does not require a monetary payment and is generally given as a thanksgiving or commercial courtesy by people or customers in business relations.

Any gift given/received by TEMSAN A.Ş. must be given/received publicly, in good faith and unconditionally. In this context, the principles regarding gifts and their registration is written in the Code of TEMSAN A.Ş.’s İKY.TLM.005 Ethical Conduct. Gifts should be rejected , except for symbolic gifts of low material value, which are included in these principles.  In addition, even if it is within this scope, the acceptance of gifts is not frequent, it is required to notify the HR and company’s senior management about the gifts accepted through the first supervisor by the acceptor.

6.3 Facilitation Payments

No facilitation payments will be offered to secure or expedite a routine transaction of persons and entities covered by this Policy.

6.4 Donations 

No Donation and aid against TEMSAN AŞ Donation and Aid Policy are allowed.

7. Error-Free Record Keeping

TEMSAN A.Ş.'s accounting and recording system is kept in accordance with legal regulations and compliance with the following principles;

  • Recording and keeping all kinds of accounts, invoices and documents regarding relations with third parties (customers, suppliers, etc.) in a complete, precise and accurate manner,
  • Not to falsify the accounting or similar commercial records of any transaction and not to

deviate from the facts. 

8. Training and Communication

Anti-Bribery and Anti-Corruption Policy, has been announced toTEMSAN A.Ş. employees and It is constantly and easily accessible on the INTERNET and in the common area.

In order to raise awareness on this issue, training programs requiring all employees’ employees participation should be designed and implemented.

9. Notifying Bribery and Corruption Violations

If there is an opinion or suspicion that an employee or company member has violated this policy, it should be reported to the Ethics Committee. 

TEMSAN A.Ş. keeps reports expressing sincere concerns in good faith as confidential.   No one can be subjected to pressure or punishment because of a report he/she believes to be a violation of the Code of Ethics to the Ethics Committee, for this reason, no change can be made in the scope or place of duty without Ethics Committee’s written consent. The person making the notification should notify the Ethics Committee if he/she is exposed to such treatment.

10.  Investigating and Results of Bribery and Corruption Events 

In cases that are or may be contrary to this policy, the subject shall be investigated by the Ethics Committee and necessary legal sanctions are applied in the event of detecting inappropriate behaviors.  The contracts of the personnel involved in such incidents are terminated unilaterally with rightful cause.

In case it is determined that there is behavior, attitude or activity contrary to this policy in relations with companies from which goods and services are purchased and conducted business provisions stating that the works/contracts in force will be terminated unilaterally by TEMSAN A.Ş. with just cause and these provisions shall be applied unexceptionally in case of their violation.