Anti-bribery

Purpose

The purpose of this policy is to comply with requirements of the Federal Foreign Corrupt Practices Act.

Policy

Lynn University requires that all employees, contractors, vendors, and any other third parties that work with or on behalf of the University comply with any kind, within or outside of the United States, notwithstanding any local practice, custom or convention, is strictly prohibited. The University prohibits anyone acting on its behalf to make any payments or provide anything of value to any person, including any foreign official, directly or indirectly, for the purpose of influencing an action or decision, inducing the person to do or refrain from doing any act, or securing an unfair advantage. This policy applies to informal interactions as well as formal agreements.

Any contracts with or involving foreign officials must be in writing and reviewed by the Vice President for Business and Finance prior to execution of any such contract. Specific contract language and provisions are required by the University to address compliance with the Foreign Corrupt Practices Act and this policy, including for contracts with third parties engaged by the University to represent its interests in another country.

Definitions

Anything of Value—includes not only cash or cash equivalents, but also trips and airfare upgrades, entertainment, donations, investment opportunities other than arm’s length transactions for fair market value, an interest in a business venture, services, payment of medical, educational or living expenses, and transfer of information. The determination is not the retail value, but whether the recipient subjectively attaches value to the inducement.

Bribery—the offering of money, favors or other incentives to someone in a position of trust to induce or obtain preferential treatment or an unfair advantage. Guidance and additional information on the Foreign Corrupt Practices Act can be found at the U.S. Department of Justice website: http://www.justice.gov/criminal/fraud/fcpa/

Foreign Official—means any official or employee of a foreign government, or any department, agency, or instrumentality thereof, or any public international organization, and includes agents acting in an official capacity for or on behalf of any such government, department, agency, or instrumentality, or public international organization.

Procedures/Guidelines

University employees must report any concerns with respect to this policy to an immediate supervisor or to any member of the President’s Cabinet. In addition, individuals may also make a report by following the procedures set forth in the University’s Whistleblower Policy.

Alleged violations will be promptly investigated. The Foreign Corrupt Practices Act imposes civil and criminal fines and penalties for violations of the law. Violators of this policy may also be subject to University discipline up to and including termination.

To learn more about this policy or the supporting procedures, please contact Finance.

Policy updated on: Oct. 9, 2018