We Conduct Our Business with Integrity
We take pride in conducting our business with integrity. We compete vigorously but do so fairly and ethically. We do not offer or accept bribes or inappropriate gifts, and we comply with the laws and regulations that support fair competition and integrity in the marketplace.
Anti-Bribery
We never offer, accept or receive bribes, kickbacks or other corrupt payments to or from others, including government officials. We ensure that we understand and strictly follow all applicable anti-bribery and anti-corruption laws, including when we interact with government officials. We carefully select and interact with third parties (such as sales agents, representatives, consultants and distributors) who act on our behalf, and we speak up about any bribery misconduct. We also adhere to our Anti-Bribery Due Diligence Procedure when hiring or retaining high risk vendors (who interact with a government official on our behalf or who were recommended to us by a government official) located in and/or providing services in Latin America, Africa, Asia-Pacific, the Middle East or Eastern Europe.
Bribery is against our Code and many international laws. By complying with our Code’s anti-bribery and corruption requirements, we adhere to the law and protect our long-standing ethical reputation. Review Cargill’s Anti-Bribery Policy and the Anti-Bribery Due Diligence Procedure for guidance.
A bribe is giving or offering to give anything of value to someone in exchange for influencing business decision-making (such as getting or keeping business), for any other business advantage or to receive a benefit.
Things of value include gifts, cash, donations, favors, a job offer or anything else that could be valuable to the recipient.
A government official includes employees of a government agency or a government-controlled company or organization, a politician or political party, or an employee of an international organization such as the World Bank.
Business Gifts and Entertainment
Used correctly, gifts and entertainment can promote goodwill and reinforce strong business relationships. In some cultures, gifts may be customary and expected. However, because gifts and entertainment carry value for the recipient, consider them carefully. We must avoid situations in which they might influence or appear to influence your decision-making or someone else’s. Review Cargill’s Gifts and Entertainment Policy for guidance.
Do not offer or accept any gifts or entertainment that:
- Are extravagant, illegal or unreasonable under local custom of the giver or receiver
- Coincide with significant decisions affecting Cargill that could appear to improperly influence them
- Are in the form of cash or cash equivalents such as gift cards, gift certificates or vouchers
- Would cause embarrassment to Cargill or prompt questions about Cargill’s integrity
Q & A
After having had lunch with a distributor representative, I received a high-end wristwatch in the mail. It had a note from the distributor that said, “For all you do!” There are no upcoming business decisions concerning this distributor. May I keep the wristwatch?
No. The cost of the wristwatch would likely be considered “extravagant.” Report it to your manager or the Ethics and Compliance Office. Even though there are no upcoming decisions concerning the distributor, the gift’s cost alone makes it inappropriate. The wristwatch may give the appearance of undue influence on your future decisions with the distributor.
Fair Competition
We protect customers and the marketplace by complying with fair competition and antitrust laws. These laws encourage free and open competition in the marketplace. They ensure customers have an opportunity to purchase good quality products and services from a variety of sources at lower prices.
Fair competition and antitrust laws are complex and vary by country. But they generally prohibit competitors from working together to limit competition in commercial or labor markets. They also prohibit improper attempts to monopolize markets or control prices.
We expect all employees to follow our Code and Competition Policy. We must interact with competitors carefully. This is especially true during trade association meetings and events and benchmarking initiatives.
Did You Know?
A trade association is specific to a commercial industry and presents opportunities for members to engage, intentionally or unintentionally, in anticompetitive discussions and activities. Use Cargill’s Trade Association Membership App to obtain approval and guidance from the Group Lead Lawyer before joining one.
We comply with fair competition and antitrust laws concerning the proper collection and use of competitive intelligence. When obtaining competitive intelligence, we never engage in:
- Fraud
- Misrepresentation
- Trespassing
- Other illegal or unethical methods
Complying with these laws has helped us prosper and grow over the years—we don’t need to take shortcuts to succeed.
Review Cargill’s Competition Policy and the Principles of Competition Law Guide for further guidance.
Q & A
I was approached by an employee of a competitor at a conference. We started chatting about a talk that had just been given. Then she brought up a new product her company was launching. Should I continue the conversation?
No. It’s best to keep any business conversation with a competitor at a minimum. You’re likely to drift into topics that could violate competition law or trade secrets. In either case, it’s dangerous territory.
Third Party Intellectual Property
We respect the intellectual property rights of individuals and companies outside of Cargill. We do not attempt to obtain their confidential information or otherwise use their intellectual property inappropriately.
What is intellectual property?
Intellectual property includes trademarks, copyrights, patents and trade secrets. In some contexts, trade secrets are also known as confidential information or know-how.
If you have received confidential information that doesn’t belong to Cargill, or if you may be using another’s intellectual property without having the rights to do so, report it to the Law Department.
You must also comply with all contractual commitments and restrictions regarding the use of the intellectual property of our customers and business partners.
Trade Sanctions
Numerous countries and organizations, such as the United Nations, impose trade sanctions. They may be against certain countries, organizations, entities or individuals. Many trade sanctions apply to transactions done outside the borders of the country imposing the sanction.
Some trade sanctions ban all transactions with a particular country. Others may ban only certain types of transactions, such as trading in specific goods or services. Review Cargill’s Trade Sanctions Policy for guidance.
Cargill does not do business with any sanctioned country, entity or individual, unless permitted by law. If your work involves an international transaction or other business that has the potential of violating a sanction, you must:
- Familiarize yourself and comply with any applicable sanctions
- Avoid doing business with any sanctioned country, entity or individual, unless permitted by law
- Consult with the Law Department before you even consider any business with a sanctioned country, entity or individual
Trade sanction laws are complex and change frequently and rapidly for foreign policy purposes. So, a transaction that was allowed before might be illegal now. Consult the Law Department and available online resources regularly.
Q & A
We’re considering doing business in a country that we did a lot of business with a few years ago but not recently. Do we still need to check to see if any sanctions apply?
Absolutely. The law on trade sanctions changes frequently. A country that did not have restrictions before may be subject to restrictions now. The consequences are serious if we violate them. Check online resources and reach out to the Law Department for help.