TSKB Anti-Bribery and Anti-Corruption Policy
1. Purpose
The purpose of the Anti-Bribery and Anti-Corruption Policy ("Policy") is to ensure that Türkiye Sınai Kalkınma Bankası A.Ş. ("Bank") complies with legal regulations, ethical and professional principles and universal rules against bribery and corruption.
2. Scope
The Anti-Bribery and Anti-Corruption Policy covers all employees of the Bank and of its affiliates, including the Board of Directors, intermediaries, representatives acting on behalf, suppliers, contractors, third parties, affiliated agents and business partners.
This Policy is an integral part of the Code of Ethics adopted by the Board of Directors and all employees, of the principles that the Bank has committed to comply with as a signatory to the United Nations Global Compact, of other internal regulations including the Bank's Gifts and Hospitality Policy, Human Resources Regulation and Donation Regulation, of the Bank legislation and of other legal regulations.
3. Definitions
Bribery is when a person acts contrary to the requirements of their duty by doing, not doing, expediting or delaying a task within the framework of an agreement with a third party and in order to obtain a benefit for themselves, their family, their close associates and/or third parties. The benefit or facilitating payment that qualifies as a bribe may take many different forms, such as cash, easily convertible instruments, gifts, invitations or tickets to events, debt relief and charitable donations.
Corruption, on the other hand, is the solicitation, offering, giving or accepting of bribes or any other illegal benefits, which directly or indirectly hinders the lawful performance of the duties or required behavior of the person who directly or indirectly obtains a bribe and illegal benefit.
1. Powers and Responsibilities
The Bank's Board of Directors is responsible for establishing, implementing and updating of the Anti-Bribery and Anti-Corruption Policy.
Disciplinary penalties shall be imposed as a result of the Bank employee's violation of these principles. The authority to investigate such cases belongs to the Disciplinary Board appointed by the Bank's Board of Directors.
Bank employees can anonymously report any suspicious or doubtful cases, including bribery and corruption, through the grievance form accessible to all Bank employees on the Bank's Intranet or through the contact form on the Bank's website. These forms created by the Bank's employees are submitted directly to the President of Board of Internal Auditors and Head of Internal Control. Depending on the content and nature of the reported case, it shall be owned and handled by the Audit Board if the case needs to be investigated or examined, or by the Internal Control Department if it is an operational error or risk report. The case shall be examined by the relevant department, and the reporting employee as well as the content of the report shall be kept confidential. Feedback shall be provided to the reporting employee at the end of the examination, if deemed necessary.
2. Major Risk Areas for Acts of Bribery and Corruption
The Bank aims to ensure full compliance with relevant laws, regulations and principles and does not tolerate any act of bribery and corruption regardless of purpose.
Any business relationship with third parties offering bribes to request and receive services from the Bank shall be terminated.
The main risk areas where acts of bribery and corruption may occur are described in detail below:
a. Gifts and Hospitality
A gift is a product that does not require a monetary payment and is usually given by business partners or customers for appreciation or commercial courtesy purposes.
Any gifts given by the Bank to third parties shall be offered in good faith, openly and unconditionally. Although the same principles apply to accepting gifts, unaccustomed gifts of a nature and value that may create an obligation to the employee, their family, their close associates and/or third parties cannot be accepted, except for symbolic gifts given in accordance with the foregoing principles.
As part of efforts to establish a commercial network and develop commercial relations, hospitality opportunities can be offered to customers, advisors, lawyers, auditors and other companies that have commercial relations with the Bank. The Bank offers hospitality to third parties in good faith, openly and unconditionally.
Hospitality offers and gifts that may lead to a conflict of interest or cause situations that may be perceived as such shall not be offered or accepted, even if this complies with the principles of this Policy.
Bank employees cannot request or accept gifts contrary to the provisions of the Bank's Gifts and Hospitality Policy and cannot engage in behavior that leads to such conclusion.
b. Political Donations
Political donations cannot be made on behalf of the Bank.
The Bank cannot use its opportunities and facilities to support any political candidate or organization. Principles governing donations and grants are available in the Bank's Donation Regulation.
c. External Service Providers and Business Partners
The Bank conducts due diligence before engaging the companies and business partners from which it will receive external services, including support services, and does not work with persons and organizations against whom there is negative intelligence related to bribery or corruption.
External service providers and business partners shall be obliged to comply with the principles of this Policy and other relevant regulations. The Bank informs these companies and their partners that they are obliged to comply with the rules of this Policy. Business relations with persons and organizations that do not comply with these principles and other relevant regulations shall be terminated.
d. Facilitation Payments
The Bank does not permit persons or organizations covered by the Policy to offer facilitation payments to secure or expedite a routine transaction or process with government agencies.
e. Misuse of Title or Position
The Bank's employees cannot use their positions and authority for personal or private gain and for the benefit of themselves, their families or third parties.
The Bank's employees cannot knowingly or intentionally misuse their title or position to obtain or promise benefits under any name whatsoever for themselves, their family members or third parties directly or through intermediaries or through mutual agreement, deception or coercion.
While performing their duties, the Bank's employees are obliged to avoid cases that may lead to actual or potential conflicts of interest between their personal interests and the interests of the Bank. If such a case arises, they shall immediately notify the relevant units and ensure that necessary measures are taken.
f. Donations and Sponsorships
Donations and sponsorships by the Bank are possible within the framework of the relevant legislation and the Bank's Gifts and Hospitality Policy, in a manner that does not cause bribery and corruption risks and in line with the principles of transparency and accountability. Donations and sponsorships cannot be used to establish, maintain or influence any business relationships.
3. Policy Violations and Sanctions
All employees of the Bank are required to comply with this Policy, relevant legal regulations and all applicable anti-corruption laws.
In the event that the Bank's employees act in violation of the principles set forth in this Policy, disciplinary penalties that may lead to the termination of their employment contract depending on the severity of the incident may be imposed. In addition, those who fail to comply with relevant legal regulations and applicable anti-corruption laws may be subject to criminally liability.
It is unacceptable for any employee to be subject to retaliation for refusing to participate in an act of bribery or corruption, for reporting a violation of the principles of this Policy, or for raising concerns about potential future acts of corruption.
Employees and third parties who make reports in good faith under this Policy cannot be exposed to any retaliation.
4. Training
This Policy is available to all employees on the Bank's Intranet.
As required legally, all Bank employees attend annual and regular training programs on the "Prevention of Laundering Proceeds of Crime and Combating the Financing of Terrorism", "Anti-Bribery and Anti-Corruption Policy", "Code of Ethics and Conduct" and "Competition Law". Information and awareness-raising sessions on the use of reporting and whistleblowing channels are also held regularly.
Employees sign a document declaring their commitment in compliance with the principles of the Anti-Bribery and Anti-Corruption Policy and acknowledging the consequences of violations.
5. Review
This Policy is reviewed at least once a year in line with the requirements and changes in operating conditions and the required updates are made. The Policy is then approved by the Board of Directors and announced on the Bank's website.
6. Audit
Compliance with the principles of this Policy is audited as part of internal audit.
7. Entry into Force
This Anti-Bribery and Anti-Corruption Policy enters into force following approval by the Board of Directors.
