LMT » Topics » 3.0 Introduction and Responsibilities

This excerpt taken from the LMT 8-K filed Apr 27, 2007.

3.0 Introduction and Responsibilities

3.1 A brief description of the FCPA is in section 4.0. Operational directions designed to ensure that the Corporation and its personnel comply fully with both the spirit and the letter of the FCPA are in section 5.0. Instructions designed to ensure compliance with the financial and accounting provisions of the FCPA are in section 6.0. Form C-730-1 is an example of the Internal Certification to the VP & Controller—Compliance with the Foreign Corrupt Practices Act, which must be signed annually by the Responsible Officer (the individual in charge of the element). The Hospitality Guidelines in section 7.0 provide direction on furnishing hospitality to foreign officials.

3.2 It is the individual responsibility of each officer, employee, and consultant of the Corporation and its wholly owned subsidiaries, by action and supervision as well as continuous review, to ensure strict compliance with this policy. Any violation of this policy will result in disciplinary action, up to and including termination from employment.

3.3 Any officer or employee who suspects or becomes aware of any violation of this policy must immediately report the violation to the Responsible Officer. A consultant who suspects or becomes aware of a violation must immediately inform the agreement monitor (designated in the consultant agreement), who must immediately report the violation to the Responsible Officer. The Responsible Officer, upon receiving any such report, must immediately inform the element’s Legal Counsel, who will cause an investigation to be conducted. The Responsible Officer also must report the violation in writing to the corporate VP & Associate General Counsel-International. Alternatively, any officer, employee, or consultant who suspects or becomes aware of any violation of this policy may report it directly to the corporate VP Ethics & Business Conduct or the element’s ethics officer (anonymously, if desired), or the corporate VP & Associate General Counsel-International.

3.4 The corporate VP & Associate General Counsel-International is responsible for giving advice on the interpretation and application of the FCPA and this policy and helping the business area VPs & General Counsels and EVPs ensure that the affected personnel are fully informed of the prohibitions of the FCPA and the requirements of this policy.

3.5 Each business area VP & General Counsel and EVP is responsible for ensuring that all affected business area personnel are fully informed of the prohibitions of the FCPA and the requirements of this policy, and for adopting and enforcing appropriate controls and taking the steps necessary to effect compliance with this policy by all officers, employees, and consultants in the business area.


3.6 Prior to acquiring an ownership interest of 20% or more in an entity, the corporate SVP Strategic Development (for corporate acquisitions) or the business area EVPs or designees (for other acquisitions, including interest in joint ventures) must ensure that the corporate VP & Associate General Counsel-International is advised of the controls that will be implemented to ensure compliance with this policy.

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