Index
- Message from the National Board of Directors
- General Description
- Principles and Standards of Ethical Conduct
- Compliance with National and International Laws
- Anti-Bribery and Anti-Corruption
- Conflict of Interest
- Privacy and Data Security
- Employment Discrimination
- Adherence to the Code of Ethics
- Disciplinary Procedures and Provisions
- Appendix
This Code of Ethics replaces the Ethics Policy approved by the Board of Directors on June 19, 2008 and is effective as of August 2017.
1. Message from the National Board of Directors
The Code of Ethics of the American Chamber of Commerce of Mexico is the result of the Chamber's commitment to compliance with the Rule of Law.
We believe that a fundamental factor in AmCham’s progress and success is living the values and principles that make up our Code of Ethics. It is therefore essential that we act as individuals of high moral character for whom it is natural to comply with the Code of Ethics and to lead by example. At AmCham, we regard integrity as the highest value that characterizes us.
Faced with the dynamism and the rapid evolution of the various industry sectors, our values continue to be the basis on which our actions are built. They express what we are, how we behave and what we believe.
Complying with the provisions of Our Code of Ethics will always lead us to have the satisfaction of having acted loyally with the Chamber and our Stakeholders in a clear and honest manner, in an environment of trust and cordiality in all aspects of our lives, both personally and professionally.
Our responsibility is to continuously update and strengthen all those aspects that contribute to guarantee the transparency of our activities. We all have the obligation to observe this Code of Ethics, not only to guarantee that the operations we carry out strictly adhere to the laws of the countries where we are present, but also to ensure the application of the highest standards and principles of corporate social responsibility.
2. General Description
The Code of Ethics of the American Chamber of Commerce of Mexico, A.C. (AmCham) is the result of the commitment of the Chamber and its members to the unfettered respect for the law and its institutions, as well as to the strengthening of the Rule of Law.
Ethics is a fundamental value that characterizes us, and is the basis to continue strengthening a business culture based on adherence to the rule of law.
In a world in constant evolution, our values continue to be the basis on which we work, we communicate what we are, how we behave and what we believe.
AmCham's members, officers and team are committed to complying with this Code of Ethics.
Not only do we guarantee that the operations we carry out strictly adhere to national laws, international treaties and best practices, but we also recognize the impact of our actions on society and reiterate our commitment to a business culture based on adherence to the rule of law.
3. Principles and Standards of Ethical Conduct
AmCham employees, volunteers, officers and members are committed to acting with the highest standards of integrity and honesty through the following actions:
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By performing our professional duties with honesty and transparency while adhering to public and private conduct based on respect and social responsibility.
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By being consistent between their pronouncements and their actions while acting with fairness and a sense of justice.
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By acting with integrity while being supportive, fomenting teamwork and always maintaining open, accurate and timely communication.
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By applying constructive criticism that guides our work towards continuous improvement.
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By acting with loyalty.
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By being aware that constant effort will allow us to obtain high quality and excellent results.
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By refraining from obtaining personal benefits and/or acting to benefit or harm third parties, thus avoiding conflicts of interest.
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By acting with responsibility based on values that guide our actions, providing fair and equitable treatment.
4. Compliance with National and International Laws
AmCham employees, volunteers, officers and members must comply with all laws and regulations that apply to them in terms of work, safety, health, environment, regulation, tenders, taxes and contributions, among others. In particular, they must adhere to regulations related to anti-corruption efforts.
5. Anti-Bribery and Anti-Corruption
AmCham employees, volunteers, officers and members undertake to act at all times within a framework of adherence to the rule of law and to refrain from carrying out any activity that involves but is not limited to: (i) payment in cash or in kind; (ii) offering advantages, privileges, services, assumption of debts or obligations, either directly or through third parties, to a public official and/or to an entity that manages public resources and has authority over individuals, and/or to an official of a private company, in order to avoid compliance with a legal, administrative and/or judicial provision, code of ethics, statement of ethical principles of any company, or any other such analogous or complementary document, and/or with the aim of obtaining a business advantage or decision that would not have been effected or implemented except as a result of such a payment or delivery being offered and/or made.
AmCham member companies must implement mechanisms to ensure that their employees, representatives, customers and suppliers comply with the terms of the policies to avoid corruption either in Mexico or, as appropriate, in the jurisdiction in which they operate.
Moreover, they should be informed about the legal framework applicable to the fight against corruption, the regulations applicable to commercial operations in general and those related to the public sector and international trade, and seek advice that may be obtained, either through public or private organizations, regarding strategies that aim to prevent corrupt activities.
6. Conflict of Interest
A conflict of interest occurs when the personal, family or business interests of an employee, volunteer, officer and/or member, and/or the interests of a third party, may affect the interests of AmCham.
In this situation, it may be difficult for the employee, volunteer, officer, or member to act fully in the best interests of AmCham. Employees, volunteers, officers and members must avoid conflicts of interest.
A conflict of interest is regarded as a situation in which commitments are taken on that answer to external interests or obligations or to third parties, either individually or in groups, that jeopardize their dedication to or even their membership in the institution.
If there is a conflict of interest or the possibility of becoming involved in or giving rise to a conflict of interest, the employee, volunteer, officer or member must notify the General Management and/or the Supervisory Committee in writing, in order to resolve the situation in a fair and transparent manner.
In the event of a conflict of interest, the undersigned are required to expressly disclose any such conflict and to declare any obstacles to the fulfillment of their collaborative and/or management duties, as the case may be.
7. Privacy and Data Security
All parties in possession of confidential information must comply with all applicable laws regarding privacy and data security. This information should remain private and as such, it must only be used in accordance with the legal framework regarding data privacy.
AmCham members must avoid the mishandling of AmCham confidential information and agree that any confidential information they receive shall only be used for the purpose of providing or receiving services under AmCham's Bylaws and policies. The obligation to observe the confidentiality stipulated by this clause shall remain in effect even after the termination of the relationship with a member and regardless of the cause thereof.
8. Employment Discrimination
AmCham is committed to creating an environment free of discrimination on the basis of gender, marital status, social class, political beliefs, disability, religion, ethnicity, national origin, sexual orientation or age.
As such, AmCham employees, volunteers, officers and members shall contribute to maintaining an environment free of discrimination and shall commit to act with respect to the values of individuals in their privacy, individuality and dignity.
Under no circumstances shall employees, volunteers, officers and members be harassed or discriminated against due to prejudices of any kind, nor shall comments or actions that tend to create a hostile environment be tolerated.
AmCham members and their stakeholders must conduct their activities in a manner that prevents discrimination at all times.
9. Adherence to the Code of Ethics
This Code of Ethics is a voluntary compliance document that reiterates the commitment of employees, volunteers, officers and members to contribute to the fulfillment of AmCham's objectives, for which observance and compliance thereof are considered essential.
All AmCham employees, volunteers, officers and members are required to report any irregularity or non-compliance with this Code to the Supervisory Committee, which shall decide the course of action to be followed on a case-by-case basis.
This Code of Ethics shall remain in force and its compliance enforced, not only with respect to the decisions taken by the Board of Directors, but also regarding the functioning of the Corporate Ethics and Anti-Corruption Committee, which shall have the task of updating it according to best practices and making recommendations in this regard. The Committee shall propose changes for the National Board of Directors to approve, instruct and communicate.
10. Disciplinary Procedures and Provisions
In the event that an AmCham member or stakeholder fails to comply with the provisions of this Code of Ethics, the matter must be dealt with by the Chamber's Supervisory Committee in accordance with the provisions of Chapter 6, Article Twenty-Three of AmCham's Bylaws, given that it is the Body empowered to monitor the general functioning of the Chamber.
Noncompliance may be communicated by a letter addressed to the Supervisory Committee and sent to comitedevigilancia@amcham.org.mx. All information received shall be regarded as strictly confidential and may be delivered anonymously.
In the case of AmCham employees, the Call Center must be used, dialing 5550-7400 from Mexico City and the metropolitan area, and 01800-0049500 from the rest of the Mexican Republic.
The issue must be noted and the ethical infringement to this Code's principles of responsibility must be explained.
The Supervisory Committee shall evaluate the claim received, investigate the charges, obtain the opinion of the affected party and, finally, issue a substantiated verdict.
AmCham shall not use any threat or retaliation mechanism.
11. Apendix
Anti-corruption and conflict of interest clause for member companies
By signing this Clause you acknowledge that you have read, understand and agree with the Code of Ethics of the American Chamber of Commerce of Mexico, A.C. (AmCham), which is attached as a reference.
You pledge to comply with each of the applicable clauses of the Code of Ethics and reiterate your commitment to contribute to the fulfillment of AmCham's objectives, for which its observance and compliance is voluntary.
You affirm that you have taken reasonable measures to prevent subcontractors, agents or any other third party that is subject to your control or determining influence from failing to comply with these clauses.
In addition, you pledge to comply with the following:
I. To neither offer nor effect, directly or indirectly, through any other person or firm, including, but not limited to, your shareholders, employees, partners, officers and/or agents, any payment, promise of payment or authorization of payment for anything of value in the form of compensation, gift, contribution, or otherwise to:
• AmCham or third-party officers;
• National or foreign government officials or employees;
• Political parties, officials or employees of political parties, or candidates for official positions, whether national or foreign; or
• Any official or employee of public international organizations.
In all cases, the foregoing, with the objective or end result of influencing any decision or act of said officials, employees, parties, or candidates, or inducing said officials, employees, parties or candidates to effect or fail to effect any act in violation of the legal functions of said officials, employees, parties or candidates, or in order to secure any undue advantage for any member or for AmCham itself.
II. To carry out your economic activities in strict compliance and adherence to all applicable laws, rules and regulations, including, but not limited to, those that govern acts of corruption or conflicts of interest.
III. To inform AmCham, in writing and immediately, of any information that reveals a violation of the Code of Ethics or the obligations stipulated in this clause.
IV. To immediately disclose and notify AmCham regarding any fact or event that could cause any statement or agreement adopted in this clause to be false or incorrect. In addition, you must immediately disclose and notify AmCham regarding any commercial interest, representation or employment that may be in conflict with the interests of AmCham.
V. At AmCham's request, to produce a certificate of compliance with the provisions of this clause and the AmCham Code of Ethics.
VI. To implement and maintain internal policies and procedures designed to ensure continuous compliance with the provisions of this Clause and the Code of Ethics on the part of employees, agents, representatives, officers and subcontractors of [member].
Failure to comply with the provisions of this Clause shall be considered a serious breach on the part of the member and shall constitute grounds for revocation of membership without liability on the part of the Chamber.