The purpose of this Supply Chain Compliance Policy (hereinafter referred to as the “Policy” in the Document) is to share BEYÇELİK GESTAMP Otomotiv Sanayi A.Ş. (hereinafter referred to as “BEYÇELİK GESTAMP”) basic principles and values with our Business Partners and to provide the necessary guidance with respect to the standards we expect them to comply with. This Policy has been prepared by taking also the ethical principles of BEYÇELİK GESTAMP’s Main Partners (Beyçelik Holding and Gestamp Automocion S.A.) ethical principles.
This Policy also aims to be a guideline in the selection and monitoring processes of BEYÇELİK GESTAMP Business Partners.
All employees and managers of BEYÇELİK GESTAMP are obliged to act in compliance with this Policy, which is an integral part of BEYÇELİK GESTAMP Working Principles and Code of Ethics. BEYÇELİK GESTAMP expects all its Business Partners to act in compliance with this Policy to the extent applicable to the respective party and/or transaction and takes necessary steps to ensure this.
2. DEFINITIONS
"Main Partners" means BEYÇELİK GESTAMP HOLDING and Gestamp Automocion S.A., which are the main shareholders of BEYÇELİK GESTAMP.
"BM" means the international organization of the United Nations.
"BM Guiding Principles on Business and Human Rights" 1 is a guiding text for countries and companies in order to examine, prevent and correct human right violations faced in the business life.
"BM Global Compact"2 refers to the convention, which addresses 10 fundamental responsibility areas of the business world in the fields of human rights, working standards, environment and anti-corruption and which is based on UN declarations universally adopted for social responsibility and sustainable implementations.
"ILO" means the International Labour Organization.
"ILO Declaration on Fundamental Principles and Rights at Work” 3 refers to the ILO Declaration stating that all member states, even if they have not ratified the relevant conventions, are obliged in good faith to respect, develop and support the following four principles:
“Human Rights” refers to the rights specific to all people regardless of their gender, race, color, religion, language, age, nationality, different opinion and property, and contains the right to an equal, free and life with dignity.
"Universal Declaration of Human Rights (UDHR)" 4 is a milestone document in the history of human rights. This Declaration, which was drafted by representatives with different legal and cultural backgrounds from all regions of the world, was declared by UN General Assembly in Paris on December 10, 1948 as a common measure of achievement for all people and all nations, and was the first document to emphasize the universal protection of fundamental human rights.
"Business Partners” covers suppliers, distributors, dealers, authorized service and all other third parties with whom we have a business relationship as well as any representative, sub-contractors, consultants, etc. who act on behalf of the company.
"Money Laundering” is the integration of revenues from illegal activities into the financial system as if they were obtained legally, in other words, the concealment of the fact that these revenues are obtained from illegal activities.
"Sanctions Objective";
- Any person, organization, ship or government that is the target of sanctions ("Listed Persons");
- Companies in which the Listed Persons directly or indirectly own 50% or more;
- Natural or legal persons residing in countries and regions subject to comprehensive sanctions (“Embargoed Countries”) or legal entities registered in these countries.
- Persons or companies, which are owned or controlled by governments of the Embargoed Countries or which acts as a representative of them.
3. GENERAL PRINCIPLES
BEYÇELİK GESTAMP selects its Business Partners according to the criteria such as technical competencies, product and service quality, pricing, corporate reputation and financial soundness. BEYÇELİK GESTAMP also evaluates the compliance risks associated with the Business Partners according to a risk-based approach in order to ensure compliance with the principles specified in this Policy. Within the framework of this approach, the following issues are adopted:
Acceptance Process
Before entering into or commencing any business relationship with a new Business Partner, business and operation units, as a first line of defense, are responsible for:
In case the due diligence results contain a warning sign for any non-compliance and the mentioned Business Partner is a dealer, representative acting on behalf and in the name of the company or a supplier candidate from which a production is to be purchased, an advanced due diligence is carried out for the respective parties in accordance with the Preliminary Competency Evaluation Procedure. In case the result of the advance due diligence is negative (namely, the party concerned does not act in compliance with the principles and/or does not take the necessary measures to remedy the violation in question), the decision to start or continue the work is subject to the written approval of BEYÇELİK GESTAMP Senior Management.
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4. GUIDING PRINCIPLES FOR BUSINESS PARTNERS
BEYÇELİK Guiding Principles for Business Partners has been prepared in accordance with the UN Global Impact. All Business Partners of BEYÇELİK GESTAMP are expected to comply with these Principles.
4.1. Legal Regulations
BEYÇELİK GESTAMP Business Partners are expected to comply with all laws and regulations within the scope of their activities and sectors. Within this scope, all Business Partners such as suppliers, distributors and authorized services are expected to comply with competition laws, legislation on the prevention of Money Laundering and the financing of terrorism, data privacy regulations and laws on the fight against bribery and corruption, as well as all other applicable legislation provisions.
4.2. Fighting Against Bribery and Corruption and Prevention of Money Laundering
Business Partners are expected to comply with the applicable legislation regarding the fight against bribery and corruption and the prevention of Money Laundering while carrying out their activities on behalf of BEYÇELİK GESTAMP. It is unacceptable to give or receive any sort of bribe and directly or indirectly anything of value in order to have unfair advantage and influence impartial decision-making processes. Any activity that may lead to Money Laundering, whether in bad faith or not, is illegal and unacceptable.
All transactions should be recorded in legal books and records in a manner that includes accurate, transparent and adequate explanations.
4.3. Intellectual and Industrial Property Rights
BEYÇELİK GESTAMP Business Partners are expected to refrain from the violation of any intellectual and industrial property rights of third parties such as patent, utility model, industrial design, copyrights, trademarks and similar things or actions that may cause unfair competition within the framework of their activities.
4.4. Human Rights
Business Partners are expected to carry out their commercial activities in accordance with BEYÇELİK GESTAMP Human Rights Policy 7.
4.4.1. Employment
BEYÇELİK GESTAMP's Business Partners must ensure that their activities are not associated with child labor, forced labor, and abuse of work. In addition, BEYÇELİK GESTAMPS expects from its suppliers, distributors and authorized services to adopt “zero tolerance” approach against slavery and human trafficking in accordance with ILO Conventions and Recommendations, Universal Declaration of Human Rights and UN Global Compact.
4.4.2. Compliance with Labor Laws
Business Partners are expected to comply with the labor laws of the countries in which they operate. The wage determination process should be determined competitively according to the relevant sectors, the local labour market and in accordance with the conditions of collective bargaining agreements, if any. All wages, including social benefits, must be paid in accordance with applicable laws and regulations.
4.4.3. Prevention of Harassment and Violence
Business Partners are expected to provide a work environment free of violence, harassment, other unsafe and disturbing conditions resulting from internal and external threats. No physical, verbal, sexual or psychological harassment, bullying, abuse or threat of any kind is tolerated.
Business Partners are expected to provide a working environment where no discrimination, especially gender discrimination, is accepted, employees are treated fairly and discrimination (such as race, gender, color, national or social ethnic origin, religion, age, disability, sexual orientation, gender definitions or political opinions) is not tolerated.
Business Partners must respect the rights and freedoms of their own employees to join a trade union or enter into collective bargaining without feeling any fear of retaliation.
Business Partners are expected to provide a safe and healthy working environment, to comply with all the relevant legal arrangements, and to take and implement all necessary safety measures for all work areas. Business Partners must immediately take the necessary measures to minimize the risk of injury and accidents in case unsafe conditions or behaviours occur.
Metal trade in politically unstable regions should not be used to finance armed groups, to promote forced labor and other human rights violations and to support bribery and money laundering. BEYÇELİK GESTAMP expects from its Business Partners to comply with the international responsible sourcing Standards8 introduced by the OECD in the supply of mines called "Conflict minerals" such as tin, tungsten, tantalum and gold.
BEYÇELİK GESTAMP expects from its Business Partners to show maximum efforts to protect and maintain the environment. Within this scope, BEYÇELİK GESTAMP supports its Business Partners in the following subjects;
— Complying with all applicable environmental regulations, including BEYÇELİK GESTAMP's Environment and Energy Policy.
— Continuously improving their environmental performance and reducing their environmental impact for climate change, water management, waste management and biodiversity conservation.
— Having effective monitoring systems and procedures against industrial accidents and other emergencies.
— To encourage Business Partners to improve the environmental performance of their business partners and third parties.
BEYÇELİK GESTAMP expects from its Business Partners to carry out all their affairs and actions in accordance with the laws, international conventions to which the Republic of Turkey is a party, United Nations Declaration of Human Rights, United Nations Global Compact and to act within the framework of fairness, integrity, honesty, responsibility, trust, accountability, openness and respect in all their affairs.
Business Partners that have a business relationship with BEYÇELİK GESTAMP or other persons and organizations that is likely to have a business relationship with BEYÇELİK GESTAMP must not engage in personal relationships that may cause or be perceived as a conflict of interest between BEYÇELİK GESTAMP and themselves (or their relatives) and that may damage the reputation of BEYÇELİK GESTAMP.
The existence of a close relationship such as kinship, friendship or similar relationship between Business partners that have a business relationship with BEYÇELİK GESTAMP or persons or organizations that is likely to have a business relationship with BEYÇELİK GESTAMP and BEYÇELİK employees who employ them, approve their businesses and take decision about them also creates a risk of conflict of interest. Persons, organizations and BEYÇELİK GESTAMP employees, who are, or likely to be, in such a situation are obliged to immediately report the relevant Human Resources and Information Technologies Directorate of the situation.
Business Partners are expected to establish effective communication channels to enable violations to be reported and to take necessary measures in a timely manner. It is required that Business Partners and their employees are able to report their concerns through these communication channels without fear of revenge or retaliation. In addition, it is possible for Business Partners’ employees to convey their concerns through the notification channels that are detailed in the “Powers and Responsibilities” title of this Policy.
BEYÇELİK GESTAMP encourages its Business Partners for providing their employees with training programs and tools to enable them to gain more skills and competencies.
Business Partners are expected to have effective and functional managements systems in order to operate in accordance with the laws, regulations and the Principles set out in this Policy.
5. POWERS AND RESPONSIBILITIES
BEYÇELİK GESTAMP’s all employees and managers are responsible for complying with this Policy and implementing and supporting BEYÇELİK GESTAMP’s relevant procedures and controls in line with the requirements in this Policy. BEYÇELİK GESTAMP expects all its Business to act in compliance with this Policy to the extent applicable to the respective party and business and take necessary steps to ensure this.
In case of a difference between this Policy and the local legislation that is applicable in countries where BEYÇELİK GESTAMP operates, the more restrictive one shall be applied, to the extent the application does not constitute a violation of local legislation.
If any action that is thought to be in violation of applicable legislation or BEYÇELİK GESTAMP’s Working Principles and Code of Ethics is learned, Human Resources and Information Technologies Directorate and BEYÇELİK GESTAMP Ethics Representatives (Human Resource Leaders at the Company’s locations) should be contacted.
Your questions or all reports of ethical violations should be sent via etik@beycelik.com.tr e-mail address.
BEYÇELİK GESTAMP employees may consult with BEYÇELİK GESTAMP Human Resources and Information Technologies Directorate with respect to questions about this present Policy and its application. Violation of this Policy by an employee may result in significant disciplinary punishments, including disemployment. In case any third party, who is expected to act in accordance with this Policy, acts in violation of this Policy, all necessary legal actions can be taken, including the termination of relevant contracts and collection of damages suffered by BEYÇELİK GESTAMP from responsible persons.
1 https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
2 https://www.unglobalcompact.org/what-is-gc/mission/principles
3 https://www.ilo.org/declaration/lang--en/index.htm
4 https://www.un.org/en/universal-declaration-human-rights/
5 For details; BEYÇELİK GESTAMP’s Company Preliminary Evaluation Procedure Before Entering into a Business Relationship
6 If deemed necessary, a detailed examination with regard to other third parties may be requested.
7 For details: https://beycelikgestamp.com.tr/tr/hakkimizda/politikalar/insan-haklari-politikasi
8 https://www.oecd.org/daf/inv/mne/OECD-Due-Diligence-Guidance-Minerals Edition3.pdf.
