Microsoft’s Commitment to Anti-Corruption
Published: June 01, 2011 | Updated: June 24, 2013
Our Commitment to Anti-Corruption & Anti-Bribery
Microsoft prohibits corruption of government officials and the payment of bribes or kickbacks of any kind, whether in dealings with public officials or individuals in the private sector.
Corruption promotes poverty, hunger, disease, and crime, and keeps societies and individuals from reaching their full potential. Corruption is one of the leading obstacles to economic and social development. It distorts the rule of law and the institutional foundation on which Microsoft depends. Microsoft is committed to observing the standards of conduct set forth in the United States Foreign Corrupt Practices Act and the applicable Anti-Corruption and Anti-Money laundering laws of the countries in which we operate.
Overview of Microsoft’s Standards of Business Conduct
As responsible business leaders, it is not enough to intend to do things right, we must also do them in the right way. That means making business decisions and taking appropriate actions that are ethical and in compliance with applicable legal requirements. The Microsoft Standards of Business Conduct summarizes the regulatory requirements and business practices that guide our decision making and business activities. The Standards contain basic information about our policies as well as information about how to obtain guidance regarding a particular business practice or compliance concern.
Microsoft policy and practice encourage the use of good judgment, discretion, and moderation when giving or accepting gifts or entertainment in business settings. Gift giving and entertainment practices may vary in different cultures, however, any gifts and entertainment given or received must be in compliance with law, must not violate the giver’s and/or receiver’s policies on the matter, and be consistent with local custom and practice. We do not solicit gifts, entertainment, or favors of any value from persons or firms with which Microsoft actually or potentially does business. Nor do we act in a manner that would place any vendor or customer in a position where he/she may feel obligated to make a gift, provide entertainment, or provide personal favors in order to do business or continue to do business with Microsoft.
You can find the full details of our Business Conduct Policy & Program HERE.
All employees are required to participate in our annual mandatory Standards of Business Conduct training. Additional compliance training is provided to certain employee roles and regions. Compliance training is also required for certain of our suppliers and partners.
By following the guidance provided in the Standards of Business Conduct, we are acknowledging our individual and collective responsibilities to manage our business activities with integrity as we pursue our mission of enabling people and businesses throughout the world to realize their full potential.
Working with Trustworthy Representatives
Anti-Corruption Policy for Microsoft Representatives
Microsoft Corporation, and all of its subsidiaries and joint ventures worldwide (“Microsoft”), requires its channel partners (for example, resellers, software advisors, original equipment manufacturers, and distributors), suppliers, consultants, lobbyists, and any other third-party representative (collectively, “Microsoft Representatives”) to comply with this Policy.
Microsoft prohibits corruption of government officials and the payments of bribes or kickbacks of any kind, whether in dealings with public officials or individuals in the private sector. Microsoft is committed to observing the standards of conduct set forth in the United States Foreign Corrupt Practices Act (“FCPA”) and the applicable Anti-Corruption and anti-money laundering laws of the countries in which we operate.
No Microsoft representative shall pay or offer to pay a bribe, or provide another thing of value for the purpose of obtaining an improper benefit, to any third party, public or private, with whom Microsoft is doing business.
Compliance with Anti-Corruption Laws: Each Microsoft Representative shall conduct itself with high ethical standards and comply with all applicable Anti-Corruption laws, including the FCPA. No Microsoft Representative shall, directly or indirectly, promise, authorize, offer or pay anything of value (including but not limited to gifts, travel, hospitality, charitable donations or employment) to any government official to improperly influence any act or decision of such official for the purpose of promoting the business interests of Microsoft in any respect, or to otherwise improperly promote the business interests of Microsoft in any respect. “Government Official” is defined below.
Facilitating Payments Prohibited: A facilitating payment is a small payment to secure or expedite a routine government action by a government official. Microsoft prohibits bribes of any kind, including facilitating payments.
Representative Due Diligence: Microsoft conducts appropriate due diligence or “vetting” of Microsoft Representatives. Representatives must comply with Microsoft’s vetting procedures. Microsoft appreciates the understanding and cooperation of Representatives in providing accurate and timely information and responses to Microsoft’s vetting processes.
Money Laundering Prohibited: No Microsoft Representative shall use its relationship with Microsoft to disguise or attempt to disguise the sources of illegally obtained funds.
Accurate Books and Records: Representatives must record payments and other compensation in their corporate books, records and accounts in a timely manner and in reasonable detail. No undisclosed or unrecorded accounts may be established for any purpose. False, misleading, incomplete, inaccurate or artificial entries in the books and records are prohibited. Personal funds may not be used to accomplish what is otherwise prohibited by this and other Microsoft policies.
No Retaliation: Microsoft will not tolerate retaliation against anyone who has, in good faith, reported a possible violation of this Policy or refused to participate in activities that violate this Policy.
Enforcement: In addition to its rights and remedies under applicable agreements, Microsoft may refer any Representative who violates this policy to U.S. or foreign authorities for criminal prosecution or other enforcement action, or bring suit for damages.
Reporting: In addition to consulting this policy, Representatives may contact Microsoft’s Office of Legal Compliance with questions or requests for further information or guidance, through a variety of alternatives listed below in the “Contact” section.
Government Official: “Government Official” refers to all of the following: (i) any employee of a government entity or subdivision, including elected officials; (ii) any private person acting on behalf of a government entity, even if just temporarily; (iii) officers and employees of companies that are owned or controlled by the government; (iv) candidates for political office; (v) political party officials; and (vi) officers, employees and representatives of public international organizations, such as the World Bank and United Nations. Representatives should be aware that in certain countries and in certain industries, an individual who seems to work for a private entity might be considered a Government Official.
For a detailed list of criteria used by Microsoft for defining a Government Official click HERE
Download the English version of Microsoft’s Anti-Corruption Policy for Microsoft Representatives HERE
Our Anti-Corruption Policy for Representatives is also available in the following localized languages:
Supplier Code of Conduct
Through the Standards of Business Conduct (www.microsoft.com/mscorp/legal/buscond), Microsoft has established company standards that include ethical business practices and regulatory compliance. These standards apply to all Microsoft employees, directors, and officers. Similarly, Microsoft expects its suppliers to embrace this commitment to integrity by complying with and training its employees on the Microsoft Supplier Code of Conduct.
Suppliers and their employees, agents, and subcontractors (collectively referred to as “Suppliers”) must adhere to this Supplier Code of Conduct Policy while conducting business with or on behalf of Microsoft (The terms "vendor" and "supplier" are used interchangebly). Suppliers must promptly inform their Microsoft contact (or a member of Microsoft management) when any situation develops that causes the Supplier to operate in violation of this Code of Conduct Policy. While Microsoft Suppliers are expected to self-monitor and demonstrate their compliance with this Code of Conduct, Microsoft may audit Suppliers or inspect Suppliers’ facilities to confirm compliance. Microsoft may require the immediate removal of any Supplier representative(s) or personnel who behave in a manner that is unlawful or inconsistent with this Code of Conduct or any Microsoft policy. Compliance with this Code of Conduct, and attending training on this Code of Conduct, as may be offered by Microsoft, is required in addition to any other obligations in any agreement a Supplier may have with Microsoft.
Download the English version of Microsoft’s Supplier Code of Conduct HERE to review the sections of the Supplier Code of Conduct:
Legal & Regulatory Compliance Practices
Business Practices & Ethics
Labor Practices & Human Rights
Health & Safety
Environmental Regulations & Protection
Protection of Assets & Intellectual Property
Reporting Questionable Behavior
The Microsoft Supplier Code of Conduct is also available in other localized languages HERE.
Training on the Supplier Code of Conduct is available HERE
Representative Vetting and Contracting
Microsoft performs regular monitoring of its Anti-Corruption program through various methods, one of which is risk-based due diligence (“vetting”) of Representatives. Microsoft requires that certain Representatives be subject to enhanced vetting before they are permitted to start or renew a business relationship with our Company, or any subsidiaries.
Contracts between Microsoft and Representatives generally include mandatory Anti-Corruption clauses.
Contact & Reporting Information
Microsoft will handle all inquiries discreetly and preserve confidentiality of anyone requesting guidance or reporting a possible violation to the extent possible and within the limits allowed by the law. There are various options for reporting concerns to or requesting further guidance from the Microsoft Office of Legal Compliance:
By Postal Mail/Letter to the Director of Compliance to the following Address:
- Office of Legal Compliance
- One Microsoft Way
- Redmond, WA 98052
By calling the Microsoft Business Conduct Hotline (this is a dedicated, toll-free phone line that is available 24 hrs per day, 7 days per week, 365 days per year (24x7x365):
- Within the United States: 1-877-320-MSFT (6738)
- If Outside of the US, you may make a collect call to the Business Conduct Line by accessing an international operator and asking to place a collect call to the following number: 1-704-540-0139
By written fax to 1-425-705-2985
By direct email to firstname.lastname@example.org
By internet/computer submission through our Web Allegation Tool at www.MicrosoftIntegrity.com
Additional Microsoft Company Resource Links
Awards & Recognition
Being recognized as a quality global workplace is an honor for Microsoft. Our investments in our employees, the opportunities we create for our employees, and safeguarding the Company have not gone unnoticed. We are particularly proud of the work our people achieve every day, and the impact that we have on the world around us.
SCCE Training & Certification for our Anti-Corruption/Legal Compliance Employees
TRACE member (TRAC ID: 3133-8445-5628)
Voted “World’s Best Multinational Workplaces” in 2011 by Great Places to Work Institute
Honored as one of the World’s Most Ethical Companies 2011-2013 by Ethisphere.com
Fortune 100 Best Companies to Work For during 1999-2013
DiversityInc’s Top 50 Companies for Diversity list for 2013
Participation in the World Economic Forum’s (WEF) Partnering Against Corruption Initiative (PACI)
Partnership with the University of Chicago School of Law Corporate Lab to facilitate a cross-industry FCPA working group