Bribery, Illegal Gratuities, And Gifts Essay Sample
Interacting Honestly With the Government
In any business, there are specific rules and regulations that guide it or a good interaction with the government including the government officials. The rules and regulations may particularly concern gifts, illegal gratuities, political contributions or in any case giving something of value to the government officials.
Timothy’s café strictly forbids its members from giving or in any case promising anything of value to any government official or government employee in favor of the business. This will be a crime if it is done to facilitate the official in his or her duties or in any circumstance to influence unlawful conduct. It is illegal to give any government official or employee anything of value to influence the official to perform official duties. Timothy’s café restricts giving or promising a thank you gift to any government official or employee in performing his or her official duties (Government of Canada 2). These practices are seen as illegal and can lead to a serious criminal offense since it destroys the company’s public image. Any member involved in any form of bribery or any form related to bribery will lead to a serious criminal prosecution and involuntary separation from employment.
In one way or the other, the United States Foreign Corruption Practices Act (USFCA) applies to Timothy’s café conduct across the world. The laws restrict the members of Timothy’s café from giving or promising anything of value either in a direct way or indirectly to non-Country official for obtaining or retaining the business (Government of Canada 1). The laws always apply to anything given to the personal benefit of the government official or employee.
What is considered bribery by Timothy’s café?
Timothy’s café considers anything of value that is given or promised with a corrupt intent. If any government official or employee is given or promised the following items, it is considered bribery by Timothy’s café: favorable loans, gifts, travel, meals, entertainment, job offers, suggestions from the official to donate to charities, free upgrades, free goods or services, money, campaign contributions and discounted goods or services.
Who Timothy’s café considers a government official
The employees of national, state and local government, political office candidates, employees of political parties and political party officials, international treaty organizations employees such as European Union and United Nations.
Involvement of third parties
Timothy’s café recognizes any third party who is involved in making a corrupt or forbidden payment to a government official or employee (Government of Canada 2). The third parties should agree with Timothy’s Café to abide by the café’s laws concerning corrupt payments. The third parties may face criminal prosecution if they in any case are involved in a corrupt payment to any government official or employee.
Gifts and Entertainment
Giving and promising valuable things to a government official or employee may, in one way or the other, create the appearance of improper influence even if it was done with honest intentions (Domtar.com 1). Therefore, rules and laws must be considered before giving the government officials and employees even inexpensive items o value.
Personal Political Activities
Timothy’s café does not have any problem with personal participation in elections and government processes on condition that the conduct of the political activities of the person on his own time and without using Timothy’s café resources (Domtar.com). The members of Timothy’s café must not conduct personal political activities in a way that may suggest sponsoring or approving by Timothy’s café.
Timothy’s café looks forward to impact legislation and government decision making through honest means. Timothy’s café associates who are responsible for interacting with government officials must be in a position to obey all applicable lobbying laws and lobbying disclosure requirement. Members of Timothy’s café should by all means avoid appearing like they conduct an improper influence. For instance, making promises of financial support is considered one of the lobbying activities (Domtar.com 1). The law is clear that no member of Timothy’s café should attempt to give a gift or other benefits to a government official or any government employee in return for gaining an improper advantage from the official or the government employee.
Giving information to the government
Timothy’s café must make sure that any information given to the government is true. Any false information can destroy the café’s reputation which in turn will lead to severe penalties for both Timothy’s café and the member responsible. Any attempt of trying to obstruct the government inquiry or administration of justice will lead to a serious crime which will lead to prosecution.
Protecting The Greater Good
For the purpose of Timothy’s café reputation, handling of Timothy’s café assets and information must be taken with care. Members of the café must handle assets and information professional (Domtar.com). For instance, unauthorized communication and disclosure of information of the café may be very dangerous to the café as it may damage the café’s customers, shareholders, and customers, in the long run. It can also destroy the café’s reputation as one of the valuable assets.
Proper use of Timothy’s café assets
For one to use Timothy’s café assets, he or she must pay for it unless authorized to use without paying. Members of the café are restricted from giving or taking the café’s product or services for free or discounted. Unless the products or services are available to the public or one is given a proper authority by Timothy’s café (Domtar.com). Timothy’s café information must be kept safe, and all members must abide by the record retention policies. Members should refrain from any practices that might pose a risk to Timothy’s café for destruction, theft, misuse, misappropriation, loss, abuse, waste or alteration.
Protecting Timothy’s confidential information
The protection of Timothy’s café confidential information is the responsibility of every member. The information is only disclosed when authorized and legally mandated by the café. This duty applies to all associates during working hours and non-working hours. The policy of the café states clearly that, confidential information should not be shared by unauthorized associates of the café, people outside Timothy’s café unless one is authorized to do so and the information is being used for the purpose of the café (Google.com 1). Lastly, if the disclosure is a law requirement, the confidential information can be disclosed. Below are some of the examples of Timothy’s café confidential information that need not to be disclosed: the café’s business plan, personnel matters, policy manuals, the café’s trade secrets, pricing strategies, associate passwords and usernames, financial and personal information concerning customers and associates of the café, the café’s technical information, sales and marketing strategies, standard operating procedures, change in Timothy’s café management and new product or services development.
According to Timothy’s café, it is illegal to use nonpublic information to make personal investment decision on buying, selling or trading in securities. All associates, officers and directors of the café who have access to nonpublic information, should not use it for personal gain (Google.com). This is considered insider trading. Timothy’s café insider information includes: developing new products and services, critical management change, not disclosing financial results, information on upcoming mergers and acquisitions.
Protecting Timothy’s café reputation
The most important asset of Timothy’s café is its reputation. All Associates have a responsibility of protecting the café’s reputation since it matters a lot to the café. All associates must refrain from communicating or conducting interactions that might harm and destroy the reputation of the café (Google.com). Care must prevail in any information that is disclosed to the public concerning Timothy’s café. Any information that may defame or disparage the associates, vendors, customers and reputation of Timothy’s café should be avoided with an immediate effect.
Conflict of interest
All associates of Timothy’s café must refrain from conducting activities that may result in a conflict of interest that will prevail between their personal interests and the interests of Timothy’s café.
It is important for Timothy’s café members to adhere to this code of conduct since it is important to the growth of the business. Despite the fact that Timothy’s café has provided this code of conduct, common sense must be used to help us refrain from conducting or being involved in the activities that might destroy the reputation of the business. Therefore, it is very important for the associates to maintain high standards of conduct all the time will at work and out of work. Associates should keep in mind that to adhere to this code of conduct will contribute a lot to café’s reputation in the market. Ethical approaches in Timothy’s café have contributed a lot to the development of a contextual situation around the café’s code of conduct (Google.com, 3). It is because of the ethical approaches of the associates that have enabled them to adhere to the code of conduct of the café. It’s unethical for the associates not to follow the code of conduct. The Associates recognize that if the code of conduct of the café is not followed, the café will be seen the unethical hence the bad reputation to the public. I recommend to other professions to analyze those sectors that pose a challenge to the business and may lead to the damaging of the business reputation and come up with a code of conduct that will give directions on how to solve those challenges. For instance, there are specific rules and regulations that guide it or a good interaction with the government including the government officials. The rules and regulations may mainly concern gifts, illegal gratuities, political contributions or in any case giving something of value to the government officials. Therefore, it is imperative for any business to come up with code of conduct to solve their dilemmas.
Governamnet of Canada (CoC). Canada Business Network: Regulated Business Activities at http://www.canadabusiness.ca/eng/page/2844/, 2015. Internet Resource
Domtar.com,. 'Code Of Business Conduct And Ethics | Domtar'. N.p., 2015. Web. 24 Mar. 2015.
Google.com,. N.p., 2015. Web. 24 Mar. 2015.
Timothyscafes.com,. 'Timothy's Cafe | Our Coffee.' N.p., 2015. Web. 24 Mar. 2015.