Bribery, Kickbacks and Other Improper Payments Duke Energy's Code of Business Ethics
Duke Energy maintains the highest level of integrity when dealing with government officials and members of the private sector. Giving anything of value to such individuals may raise questions about Duke Energy's integrity. We demonstrate accountability by refusing to give gifts or make payments that are intended to inappropriately influence, or could appear to inappropriately influence, business decisions.
Bribery laws prohibit companies from directly or indirectly promising, offering or making payment of money or anything of value to anyone (including a government official, an agent or employee of a political party, labor organization or business entity, or a political candidate) with the intent to induce favorable business treatment or to improperly affect business or government decisions.
Decisions about gift giving must be carefully evaluated. In general, Duke Energy does not consider ordinary and reasonable business entertainment, or gifts of nominal value that are customary and legal in the local market, to be improper. We recognize that in certain cultures, gifts of a more substantial nature may be customary and expected.
However, we also recognize that the giving of improper gifts or payments can undermine customer relationships, damage our reputation and result in legal penalties. Employees must refrain from giving gifts or making payments that are intended to inappropriately influence, or could appear to inappropriately influence, business decisions.
Note: These laws and regulations are complex and can vary from country to country, and even within a country (e.g., local versus national officials) and from state to state. This Code does not necessarily take into account all local legal requirements and employees should be aware that more restrictive local laws take precedence over this Code.
Our Responsibilities
Duke Energy employees are expected to be extremely careful when giving anything of value to third parties to avoid giving the impression that we are trying to inappropriately influence another person's business decision.
Compliance is mandatory and no employee will suffer demotion, penalty or other adverse employment consequence for refusing to pay bribes even if it may result in the company losing a business opportunity.
Duke Energy employees must:
- Ensure that business entertainment provided to third parties is reasonable and customary.
- Offer only gifts that are considered customary, reasonable, legal and of nominal value in the local market.
- Obtain prior approval from management before making a decision about whether or not to offer a gift that is of more than nominal value in the local market.
- Understand that it is generally not acceptable to give meals, gifts or gratuities to public officials or any federal, state or local government employees. Obtain prior approval from management and Government Affairs.
Duke Energy employees must not:
- Conduct business through an agent, adviser or other intermediary using corrupt business practices to gain an unfair business advantage.
- Agree to provide any payments, contribute to charities, or make political contributions or other kickbacks in return for favorable treatment.
- Make a charitable or political contribution to an individual. All contributions must be given to the organization not an individual.
Q&A
Q: How do I know whether a gift or payment is improper or not?
A: A gift or payment is improper if it is an inducement to do something that is dishonest, illegal or a breach of trust in the course of doing business. If you have questions as to whether a gift or payment could be considered improper, seek guidance before taking any action.
