Anti-Corruption and U.S. Foreign Corrupt Practices
Many countries in which Amgen has operations have enacted anti-corruption legislation. For example, the U.S. Foreign Corrupt Practices Act (the “FCPA”) is a U.S. federal statute that, among other things, makes it illegal to make payments to government officials of any country outside of the U.S. for the purpose of obtaining or retaining business. It also requires U.S. companies and their affiliates to keep accurate books and records and to maintain internal accounting controls to ensure that transactions are executed in accordance with management’s instructions and properly recorded on the company’s books. Anti-corruption legislation in other countries is similar to the FCPA but in some cases, the requirements of other countries’ laws go even further than the requirements of the FCPA. Individuals subject to this policy are required to comply with local requirements. For guidance on specific local laws, Amgen staff members at all Amgen sites must consult the Law Department.
Individuals subject to this policy must not offer, promise, give, accept or solicit – directly or indirectly – any payment (whether cash or non-cash) or any other advantage or thing of value to any Foreign Government Official or any other Third Party as an improper inducement for such person to take any action, or refrain from taking any action, that benefits Amgen businesses
While the FCPA does permit certain nominal “facilitating” payments to lower level foreign government officials to expedite a ministerial or clerical service or function that would otherwise be unreasonably delayed or withheld, Amgen’s Policy prohibits such payments. Amgen staff members must seek the guidance of local management and the Law Department before responding to a potential delay in, or withholding of, services by a foreign government official.
In addition to corporate penalties, the Foreign Corrupt Practices Act provides that violators may be fined in their individual capacity and may receive jail terms if they are found to have violated the provisions of the Act.
Download the complete policy (PDF)