We do not engage in bribery or corruption of any kind. Everyone who works for us, with us or on our behalf (including partners and suppliers) must comply with anti-corruption laws and no-one has the authority to waive these requirements. Where anti-corruption laws are not respected, criminal and civil penalties (including a term of imprisonment) can apply. Any concerns regarding corruption must be reported immediately.
What this means for you
You must not authorise, offer, give or promise anything of value, directly or indirectly (for example, through a third party), to anyone to influence them in their role, or to encourage them to perform their work disloyally or improperly. You must not request or accept anything of value, directly or indirectly, to improperly influence you in your work for BHP.
You should never make payments of any size to government officials to facilitate routine services that are legally available. However, a payment made to protect the health or safety of an employee, contractor or someone with them who is imminently threatened by a third party, is not a facilitation payment. If you do make a health and safety payment, report it to Compliance as soon as possible.
The Our Requirements for Business Conduct standard sets out details of when you must obtain pre-approval to offer or provide something of value to an external person. In all cases, items must:
- only be offered or provided for a legitimate business purpose
- not be offered or provided to improperly influence or reward action
- be legal under local laws
- be of appropriate value and nature considering local customs and law, the position of the recipient and the circumstances
- regardless of value, not be offered or provided with a frequency which could reasonably be seen as being intended to improperly influence any person
- not be capable of causing reputational damage to BHP.
You must also get pre-approval for engaging a supplier who will interact with others on our behalf, offering to undertake a community donation or project, or offering to sponsor an event.
• Immediately report any corruption concerns.
• Understand the identity, role and interests of the person or business who you are dealing with (including the beneficial ownership of companies).
• Gain pre-approval before offering or giving anything of value, according to the thresholds in the Our Requirements for Business Conduct standard, or for commercial sponsorships and community donations or projects.
• Provide accurate and complete information when seeking pre-approvals.
• Record all transactions accurately and in reasonable detail to reflect their true nature.
• Offer, promise, give or approve anything of value of any kind to a government official (including a political party, elected official or candidate for public office or a person who holds or performs the duties of an appointment, office or position created by tradition, custom or convention) to influence official action.
• Award business to a company owned by a government official, their relatives or associates in exchange for a benefit to you or BHP.
• Offer, promise, give or approve schemes or arrangements which give an improper benefit to anyone.
• Establish a hidden or incorrectly recorded fund for prohibited payments.
• Use personal funds, divide payments into smaller amounts to avoid approval thresholds, or hide activity which would otherwise need pre-approval.
• Use a supplier if you are concerned they will engage in corrupt or improper conduct on our behalf.
• Deal with a party that refuses to disclose its true identity (including details of company beneficial ownership).
Q: I have recently arrived in a new city on an assignment. I’ve obtained approval to join a business association which has good access to local officials. They’ve now asked if BHP can sponsor a table at their annual dinner for $1,000 per head. The profits from the event will fund the association’s annual golf event for local officials. What should I do?A: As the association has indicated the funds will be used for a golf event – which is something of value for local officials – pre-approval is required under the Our Requirements for Business Conduct standard. Our Compliance team can advise you on what arrangements would be appropriate.
Q: I speak regularly with a government official who is responsible for making decisions that will affect BHP. His son has recently graduated with first class honours from university at a location where we have an office and wants to find a job so he can stay in the country. The official has enquired if BHP has any jobs and whether I can do anything to help his son.A: A job is something of value and the son is a close relative of an influential government official. Given the official is currently making decisions which will affect BHP, this could be used or misinterpreted as a form of bribery and could constitute a breach of anti-corruption laws. The official’s son can apply for advertised jobs and his application will be assessed on its merits in the same manner as any other job application. For further guidance, contact our Compliance team.
Q: A vendor I regularly work with offers to send me to a three-day course at their educational centre on topics relevant to my role. I’d like to attend because I think it will benefit BHP, help me stay on top of trends in the industry and increase my ability to perform my role. The vendor is hosting the course regardless of whether I attend, and my attendance will not be an additional cost to the vendor. Can I accept the offer?A: If attending the course will in any way compromise (or might reasonably be seen by someone else as compromising) your ability to perform your duties loyally to BHP, or might prevent you from working with the vendor without bias in the future, you should not accept the offer. If BHP is currently in a tender with the vendor offering the course, you should also not accept the offer. Otherwise, estimate the value of the course and record the offer in the Gifts and Entertainment register, seeking your line leader’s approval to attend. If you are approved to attend, book and pay for any travel expenses following our business travel expense guidelines.
View more hypothetical scenarios
How to speak up
If you have questions about Our Code, speak to your line leader, 2Up leader, Ethics and Investigations, Compliance, Legal, Employee Relations advisor, HR Business Partner or contact EthicsPoint. Anyone who works with us, on our behalf, or is associated with us, can also access EthicsPoint.
Online: EthicsPoint online
Phone: EthicsPoint Telephone