BMS-CP-027 - Bristol

Summary of Bristol-Myers Squibb Corporate Policy on
Reporting Potential Compliance Incidents (BMS-CP-027)
Purpose
The purpose of this Policy is to inform BMS employees and agents that:
• Compliance & Ethics (C&E) provides a system by which they can submit reports of
Potential Compliance Incidents or seek guidance on compliance questions and
• all Potential Compliance Incidents must promptly be reported to C&E.
Policy Statement
It is the policy of Bristol-Myers Squibb Company (BMS) to comply with all applicable federal,
state and local laws and regulations of the United States, the laws of other countries where
BMS does business, and with its own policies regarding business conduct and ethical
responsibilities. Accordingly, BMS provides its employees and agents with a system for
reporting Potential Compliance Incidents or seeking guidance on compliance questions.
Potential Compliance Incidents include, but are not limited to, violations of laws, regulations,
or company policy; crimes; Fraud; Accounting Matters; wholesaler inventory level issues;
unethical behavior; and significant employment-related issues.
This system provides employees and agents the opportunity for anonymity and confidentiality,
so that such reports can be made without fear of retaliation or other negative consequences
for the employee or agent.
Potential Compliance Incidents
Every employee and agent must promptly report all Potential Compliance Incidents to
at least one of the following:
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Compliance & Ethics (C&E)
his or her supervisor
an attorney in the BMS Legal Division
an appropriate management representative
a Human Resources representative (for significant employment-related issues)
If a Potential Compliance Incident is reported to any of the above individuals or entities,
that individual or entity must further report the Potential Compliance Incident to C&E.
Every employee and agent must immediately report to C&E a Potential Compliance
Incident that may involve a crime or someone in danger.
A report of a Potential Compliance Incident may be submitted anonymously and
confidentially, but if an employee or agent chooses to identify herself or himself, there
will be no retaliation against that employee or agent. In other words, BMS will not
discharge, demote, suspend, threaten, harass, or in any manner discriminate against,
any employee who, in good faith, reports a Potential Compliance Incident. However, in
unusual circumstances, disclosure of the identity of the employee or agent who made
the report may be required by law, to protect the public health and safety, or in order
for C&E to fulfill its obligation to promptly and thoroughly investigate Potential
Compliance Incidents.
Reports of Potential Compliance Incidents received by C&E will be investigated in
accordance with OCC-SOP-002, Investigating Reports of Compliance Incidents and
Responding to Questions About Compliance.
Failure to report a Potential Compliance Incident is a violation of this Corporate Policy
that may be subject to disciplinary action, up to and including, where appropriate and
permissible, termination of employment.
Accounting Matters
Any employee, agent or individual with whom BMS transacts business may
anonymously and confidentially report a Potential Compliance Incident that is an
Accounting Matter to C&E or to the Audit Committee of the Board of Directors of BMS.
It is important that reports of Accounting Matters provide as much detail as is available
about the alleged event, including a complete description, date(s), business units and
individuals involved.
If a Potential Compliance Incident that is an Accounting Matter is reported to C&E, C&E
will promptly notify in writing the Chair of the Audit Committee of the Board of
Directors of BMS. The Chair of the Audit Committee will decide whether the report of
an Accounting Matter will be investigated under the direction of the Audit Committee,
or in accordance with OCC-SOP-002, Investigating Reports of Compliance Incidents and
Responding to Questions About Compliance.
Fraud
If a Potential Compliance Incident that is an allegation of Fraud is reported to C&E, in
accordance with OCC-SOP-003, Communication of Potential Compliance Incidents That
Relate To Fraud, C&E will report the allegation of Fraud to the Anti-Fraud
Subcommittee.
Employee Issues
Employment issues and concerns should first be discussed through direct supervisory
channels or with local Human Resources representatives. If resolution of such issues or
concerns cannot be reached in this manner, employees or agents may then contact
Compliance & Ethics.
Compliance Questions
Any employee may seek guidance on compliance questions from:
• Compliance & Ethics
• a BMS compliance leader in the relevant area
• a BMS in-house counsel in the relevant area
Definitions
Accounting Matter: Fraud or deliberate error in the preparation, evaluation, review or audit of
any financial statement of the Company; Fraud or deliberate error in the recording and
maintaining of financial records of the Company; noncompliance with the Company’s internal
accounting controls; misrepresentation or false statement to or by a senior officer or
accountant regarding a matter contained in the financial records, financial reports or audit
reports of the Company; or deviation from the full and fair reporting of the Company’s financial
condition.
Fraud: Any intentional or deliberate act to deprive another of property or money by guile,
deception or other unfair means.
Potential Compliance Incidents: Include, but are not limited to, violations of laws, regulations
or company policy; crimes; Fraud; Accounting Matters; wholesaler inventory level issues;
unethical behavior; and employment-related issues.
Publication Date: July 2005