Foreign Anti Corruption Quiz

If you violate the Foreign Anti-Corruption Program, there may be remedial steps that can be taken to correct the problem. You should immediately seek guidance from your superior, the Office of the CCO, or the Hotline. You should NOT try to “cover up” the problem, as this may create greater liability for you and Healthways. If, for example, you realize that you have purchased a benefit such as an expensive meal or inappropriate gift for a foreign official, you should NOT simply forgo seeking reimbursement – instead, you should promptly seek guidance from your superior, the Office of the CCO, or the Hotline.

If you have become aware of any of the conduct described int his section or other suspicious activity that leads you to believe corruption may be occuring, you should promptly notify the CCO or make a report to the Hotline. Any Colleague or Director who becomes aware of such red flags but fails to report such concerns may be subject to disciplinary action.

Healthways, Directors and Colleagues can be held civilly and criminally liable for the FCPA violations of third-party agents under certain circumstances. In addition, even absent civil or criminal liability, Healthways’ reputation for ethical conduct can be quickly sullied through association with unethical or unsavory agents. As a result, it is critical that Healthways take great care in the selection, retention and oversight of all Foreign Third-Party Agents as set forth in the Foreign Anti-Corruption Program.

The FCPA permits Healthways to do business with foreign governments, agencies, and government-owned or -controlled companies (such as foreign state-owned insurance companies). It is transactions with, or conferring benefits on, individual officials, directors, or employees of these entities that pose risk under the FCPA and often under the anti-corruption laws of foreign countries.

The correct answer is "All of the above" because the statement includes all possible scenarios in which colleagues must promptly report concerns. These scenarios include any governmental inquiry, investigation, or subpoena related to corruption or illegal activity, any news report or report from any other source of alleged corruption activity, and any other fact or occurrence suggesting FCPA liability or violation. Therefore, colleagues should report concerns in any of these situations.

Payments to foreign officials to obtain more favorable treatmetn under tax, customs, and other regulatory regimes violate the FCPA when intended to secure an improper competative advantage taht assists in obtaining or retaining business.

For purposes of assessing compliance with the FCPA, a company must not only consider wheter its employees have actual knowledge of illegal payments in overseas markets, but also whether diligent inquiry would have revealed such wrongdoing ion the part of the company's business partners.

Healthways colleagues may submit any FCPA or foreign corruption-related concerns anonymously and confidentially, 24 hours a day, 7 days a by calling the Code of Conduct Hotline (xxx) xxx-xxxx. Colleagues can raise concerns and make reports without fear of reprisal.

Even though the direct benefit is to WidgetHealthCare's IT Team, and the government officials do not request airfare to and from Germany to the US., such trips are improper payments and contrary to our Guidance for Travel, Enterntainment and Gifts for Foreign officials.

1. The business purpose of the trip appears to be a thinly veiled bribe.
2. Side trips are contemplated, which are contrary to WidgetHeatlhCare's policy.
3. The types of expense and amounts contemplated would liekly seem lavish to U.S. enforcement authorities.
4. Family members will accompany the government officials, which is contrary to WidgetHealthCare policy.
5. U.S. and local laaws will likely be violated.

Remember: If you suspect or are aware of any improper payment activity, please consult your Attorney Contact immediately.

To be considered an improper payment, it is not necessary for an actual transfer of funds to occur. Additionally, the payment does not have to be offered directly to the government official; it can be offered by another individual or entity on their behalf. The crucial factor is that the payment has the desired outcome, meaning it is intended to influence the actions or decisions of the government official. Therefore, the correct answer is that both statements A and B are true.

One cannot assume a business contact is not a government official. Often, people that are involved in business are also active members in government.

Before Healthways, Colleagues, Directors or Foreign Third-Party Agents begin business development activities or otherwise do business on behalf of Healthways in any foreign country in which Healthways is not already directly or indirectly operating or engaged in business development activities, the International Business Leader(s) shall complete and submit a New Foreign Country Risk Assessment (attached to the Healthways Anti-Corruption Policy as Appendix 1), as well as all supporting documentation (collectively, these documents are referred to as a “Country Risk Assessment”) in the Healthways Anti-Corruption Policy.
The International Business Leaders(s) shall submit completed Country Risk Assessments for review by the CCO, who shall approve, deny, or request additional information about each Country Risk Assessment. Until the CCO approves a Country Risk Assessment for a particular foreign country, Healthways, Colleagues, Directors or Foreign Third-Party Agents shall not begin business development activities or otherwise do business on behalf of Healthways in such foreign country. If the CCO approves a Country Risk Assessment, he or she may also create, implement and enforce Country-Specific Guidance that govern the conduct of Healthways, Directors, Colleagues, and Third Party Agents in that country.
International Business Leader(s) shall review (and correct or update, if necessary) each approved Country Risk Assessment upon receipt of new material information, but at least once every three years, for so long as Healthways operates in the relevant country. Any changes shall be reviewed by the CCO.

No, the Healthways policy expressly states that no more than $50.00 is to be spent on entertainment of government officials. If Jill had recieved written permission from the CCO, this would have been be an acceptable act.

A government official may include any of the following:
1. Any employee of a government agency
2. Any employee of a government-owned or nationalized company (E.g., a physician in a state-owned hospital; employees of state owned enterprises, such as utilities, telecommunications, entergy or railroad companies.
3. Any employee of a government controlled or state-run company (through share ownership, board membership or right to appoint officers) (E.g., employees of public/private ventures, a government-funded technical joint vetnure or develpment constortia; governement cotnrol over the board of directors of a public company through a "golden share".
4. Consultants and advisors to a government owned or controlled, state-run or nationalized company. (E.g., a quasi-governmental business development comapny or inward investment promotion company.
5. Persons acting in an official capacity for or on behalf of a government or public international organization (E.g. an Ambassador-at-Large
6.Political party representatives (E.g., a factory manager who is also a low ranking local party official.
7. Candidates for public office (E.g., a school board member)
8. Employees of public international organizations, such as the World Bank or United Nations.
9. Family members of government officials
10. Royal family members
11. Persons with honorary titles.

Note: Even if there is no apparent government connection at the first glance, do your due diligence on teh individual to ensure that no government official status could be imputed. Under the FCPA, the term “foreign official” has been interpreted to include officers, employees, or other persons acting on behalf of a foreign government, candidates for foreign political office, and foreign political party officials. Under some circumstances, the employees of foreign state-owned or controlled entities may be “foreign officials,” including healthcare providers, hospital employees, and health insurance employees. Foreign licensing and regulatory authorities are almost always “foreign officials.”
Persons can be considered “foreign officials” even though they may not be treated as government officials by their own governments, and even though they may expect to be treated like private businesspersons.
Healthways Policy also prohibits any conduct with a relative of a foreign official that would be prohibited under this Policy with respect to a foreign official.

International Business Leaders, in consultation with the CCO, usually will have determined which foreign persons with which Healthways regularly deals should be treated as “foreign officials.” If you are unsure whether a person is a “foreign official,” contact your supervisor or the Office of the CCO.

The correct answer is that it is okay to include Patrick in the plans if the person spends less than $50 on him or obtains express written approval from their CCO. This is because including a low-ranking government official like Patrick's father in the plans could potentially raise concerns regarding compliance with the Foreign Anti-Corruption Policy. By either limiting the amount spent on Patrick or obtaining approval from the CCO, it ensures that there is no violation of the policy and maintains ethical business practices.

The FCPA includes an affirmative defense that exempts from its anti-bribery provisions payment or reimbursement of expenses to foreign officials (which includes employees of government-owned companies) that are directly related to "the promotion, demonstration, or explanation of products or servics." However, when such payments are unreasonable in amount or otherewise not directly related to legitimate training or promotional opportunities, FCPA enforcement action should be expected.