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Avoiding and Resolving Conflicts of Interest

“One of the truest tests of integrity is its blunt refusal to be compromised.”

CHINUA ACHEBE, WRITER

DO YOU HAVE A CONFLICT OF INTEREST? DISCLOSE IT

    How Can I Know Whether a Conflict of Interest Exists?

    A conflict of interest occurs when your personal or financial interests interfere with your ability to make sound and objective business decisions on Fluor’s behalf. You need to avoid any situation that creates even the appearance of this kind of bias. A perceived conflict of interest that calls into question our business integrity can be as damaging to our reputation and business as the existence of an actual conflict.

    Ask yourself these questions to determine whether a conflict of interest exists:
    • Does this action or situation violate company policies?
    • Would the action have the potential to affect my ability to make sound business decisions?
    • Could it influence my objectivity or appear to do so?
    • Would my co-workers think the situation could affect how I do my job?
    • Would it look suspicious to someone outside our company, such as a client, supplier, shareholder or the media?
    • Would it take revenue or profit away from Fluor?
    • Would I or my family members benefit financially or personally?

    If you answered “yes” to any of these questions, you should discuss the activity, financial interest or relationship with your supervisor or your Human Resources manager immediately and before proceeding.

    Does your work involve the U.S. Government?

    If your work involves projects in which the U.S. Government or its funds are involved, there are additional guidelines for Conflicts of Interest

    The following sections discuss some common areas in which conflicts of interest might arise.

      Outside jobs and activities can affect your ability to do your work for Fluor. Examples of inappropriate outside jobs and activities include:

      • Working for, or providing services to, an actual or potential Fluor competitor, client, supplier, subcontractor or agent while employed by Fluor
      • Using company assets, contacts or other resources to start or support another business or nonprofit organization (other than charitable work through Fluor that does not conflict with your work responsibilities).

        You may learn about business opportunities through the course of your work for Fluor. Fluor’s interests must come first. You cannot take advantage of such an opportunity that rightfully belongs to Fluor. This applies whether the opportunity would be for your own benefit or passed on to someone else for his or her personal benefit. In addition, you should never take advantage of any business opportunity that competes with Fluor.

          The activities of close family members and friends may also lead to potential conflicts of interest. For this reason, you should not be involved in the hiring or supervision of a supplier, subcontractor, agent or consultant where your close family member or friend is employed or has a significant ownership stake.

          A “close family member” is any person closely connected to an employee by blood, marriage or close affinity (for example, a spouse, significant other, sibling, grandparent, brother-in-law, etc.), such that impartiality might be perceived to be affected by the relationship. The term also refers to a domestic partner and the domestic partner’s child, parent, sibling, half-sibling, grandparent, grandchild or stepparent.

          When a family or romantic relationship exists between employees working together, real or perceived preferential treatment or tension may exist. Neither employee should be in a position where he or she has decision-making authority over the other employee. Again, the important thing to remember is that you must avoid even the appearance of bias.

            You must be careful that your investments, or those of your close family members or friends, do not impair your ability to make objective decisions on behalf of our company. Having a significant financial investment in a company that does business with, seeks to do business with or competes with Fluor may create a conflict of interest, depending on the size and type of your investment, your role in the company and the business relationship between Fluor and the other company. An interest is considered significant if it could impair, or reasonably appears to impair, your ability to act solely in the best interests of Fluor. Examples of conflicts of interest include having a significant investment in a:

            • Supplier, if you have involvement with the selection of, assessment of, or negotiations with, the supplier
            • Client, if you are responsible for dealing with the client

            Keep in mind that not all outside financial investments may result in a conflict of interest. This is why it is important to disclose any potential conflict to your supervisor or Human Resources manager immediately, to determine whether a conflict—or the appearance of one—may exist.

              While Fluor supports outside activities that benefit our communities and profession, you must exercise caution when accepting outside appointments, such as serving on a board of directors of another organization. This may raise a conflict of interest or even a legal issue. In particular, serving on the board of, or otherwise advising, a Fluor competitor, supplier, contractor, agent or client, or any company that has direct commercial dealings or competes with Fluor or a client, may be problematic.

              Fluor officers are required to obtain approval from the Chief Legal Officer before serving on any board, including nonprofit and community boards.

              Common Questions

                Possibly. Working for a Fluor supplier while being employed by our company could create a situation in which a conflict of interest might arise. Before doing any work on behalf of this Fluor supplier, you must first consult with and get authorization from your supervisor or Human Resources manager. If you are permitted to continue working with the supplier, remember that the second job should not interfere with your responsibilities or job duties for Fluor. You should not do work for the other company when you are supposed to be working for Fluor. Please also remember that you cannot use Fluor equipment or supplies in your work for the other company. That includes computer equipment, electronic mail and telephones. You must also carefully guard against disclosing confidential information to the other company.

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                You shouldn’t do anything to help your spouse’s company get the contract. If you are involved in the selection process, you should tell your manager and remove yourself from the situation. Helping your spouse’s company is a conflict of interest. Even if you are certain you can be unbiased and award the contract to the best bidder, you should not be involved because of the perception of a conflict of interest.

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                REMEMBER: ALWAYS PROMPTLY DISCLOSE POTENTIAL CONFLICTS OF INTERESTS.

                  Gifts and Entertainment

                  To build goodwill with potential and existing clients and other business partners, exchanging appropriate gifts and entertainment as business courtesies is generally accepted business practice. However, we must be cautious when exchanging business courtesies to avoid a conflict of interest or the appearance of one. In addition, we need to take steps to ensure that any gifts and entertainment are not and will not be seen as bribes meant to improperly influence business decisions. If others believe that a business decision was made because of a gift or business courtesy and not purely on the basis of merit and sound business judgment, our reputation will be harmed.

                  In general, you can give and receive gifts or offer and accept meals and entertainment that fit all of the following guidelines. The gift or entertainment:

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                  Is not intended to improperly secure something in return

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                  Is reasonable, proportionate and not excessive for the industry, your function and your position

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                  Does not violate Fluor’s or the third party’s applicable standards or the law

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                  Is not in cash or cash equivalent

                  These rules apply to gifts, favors, meals and entertainment involving your close family members, as well.

                  Accepting Gifts and Entertainment

                  When accepting gifts and entertainment, always follow any applicable policies and procedures of your business unit, function and project. In any event, consult with and obtain approval from your supervisor before accepting any expensive gift or unusual entertainment. Soliciting gifts or entertainment is also prohibited.

                  If you receive an inappropriate gift from a supplier, contractor or other business partner, you must return the item with a tactful yet clear explanation that the gift violates Fluor’s gifts and entertainment policy and let your supervisor know. If the person who gave you the gift requests that the item be donated to a charity of our company’s choice, you should consult your supervisor or your local Human Resources manager to direct the matter to the Fluor Foundation for handling.

                  Providing Gifts and Entertainment

                  When providing gifts and entertainment, always follow any applicable approval and expense processes of the company and your business unit, function and project. If a proposed recipient involves a government entity or official, consult with the Law Department and obtain prior approval from your supervisor.

                  At times, clients, suppliers, contractors and other business partners may express an interest in entertainment that involves inappropriate content or excessive cost. If this situation arises, you must explain tactfully that Fluor does not permit company time or funds to be used for entertainment that is excessive in value, sexually explicit or otherwise inappropriate. Also, report the occurrence to your supervisor so that the company may consider taking further action. Do not try to solve the problem by offering to pay for it personally or having the client pay for it.

                  Common Questions

                    Probably not. If the full costs directly relate to a legitimate business purpose and are not excessive, and your supervisor has approved the business trip, then it is not problematic. Additional review and documentation by the Law Department will be required if a government entity or official is involved.

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                    You must be cautious before accepting gifts and entertainment from suppliers and subcontractors, particularly during a proposal or competitive bidding process. This entertainment likely involves unusual features, for example, an event with a significant market value, duration exceeding one day, complimentary overnight accommodations and out-of-town travel. If you strongly believe attending the tournament is important for the business relationship, and it is not during a proposal process, consult with your supervisor to determine what is appropriate.

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                    Before sending a gift to or entertaining a client, you should check the client’s requirements or limitations with regard to receiving gifts and entertainment. You don’t want to put the recipient in a tight spot. Generally a gift basket at the holidays would not present a problem, as long as it is reasonable for the industry and your function and position. If you have any doubt, ask your supervisor or Human Resources manager. Be sure to follow all applicable approval and expense processes. If the client involves a government entity or official, consultation with the Law Department and prior approval from your supervisor are always required.

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                    Government Clients

                    When national, state or local governments or governmental entities or funds are involved, more restrictive rules usually apply. If you deal with government representatives, agencies or funds, it is your responsibility to familiarize yourself with these rules and our company’s policies and procedures. For projects involving any U.S. funding, see the “U.S. Government Contracting” supplement to our Code for details. For Fluor’s anti-corruption standards see the “Doing Business Globally” section of our Code.

                    Does your work involve the U.S. Government?

                    If your work involves projects in which the U.S. Government or its funds are involved, see the “U.S. Government Contracting” Supplement to our Code.

                      The Company May Also Experience Conflicts

                      As a company, Fluor can also experience conflicts of interest with our clients, suppliers or other business partners, and it may be necessary or appropriate to disclose these conflicts to others for resolution.

                        How Can I Resolve a Conflict of Interest?

                        Conflicts of interest may often be resolved if they are disclosed promptly. Transparency and the exercise of good judgment are basic expectations. If you feel that you or our company may face an actual or potential conflict of interest, you should tell your supervisor or Human Resources manager about the potential conflict immediately. Disclose any potential conflicts of interest before acting to avoid making the situation worse. Additionally, always disclose any potential conflicts of interest in writing in your annual ethics certification.

                        Common Questions

                          We always want to be transparent with our clients. While it may be necessary to purchase the equipment from our subsidiary, we should disclose the situation to the client first.

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                          Probably not. A supplier discount is only acceptable if it is available to all Fluor employees. If the discount is offered only to you, then it is not appropriate. This situation could be a problem from a variety of perspectives: an improper gift, an attempt to influence Fluor business decisions, and an appearance problem.

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                          Relevant Policies & Resources

                          IMPORTANT NOTICE - DISCLAIMER

                          THE FOLLOWING COMPANY POLICIES ARE A GUIDE TO GENERAL EMPLOYMENT PROCEDURES AND POLICIES OF THE COMPANY.  THE POLICIES ARE FOR INFORMATION ONLY, AND IS NOT A CONTRACT OF EMPLOYMENT.  ANY COMPANY PROCEDURE OR POLICY MAY BE MODIFIED, AMENDED, INCREASED, DECREASED, OR DELETED BY THE COMPANY AT ANY TIME, WITH OR WITHOUT NOTICE.

                          THESE POLICIES ARE NOT AND IS NOT INTENDED TO ADDRESS EVERY POSSIBLE EMPLOYMENT/EMPLOYEE SITUATION.  THE COMPANY RESERVES THE RIGHT TO TAKE ACTION OR MAKE A DECISION WHICH IS INCONSISTENT WITH THE POLICIES TO ADDRESS UNIQUE SITUATIONS, ON A CASE-BY-CASE BASIS, IN THE COMPANY'S SOLE DISCRETION.

                          NEITHER THESE POLICIES NOR ANY OTHER MANUAL, POLICY, OR OTHER DOCUMENT ALTERS, IN ANY WAY, THE AT-WILL EMPLOYMENT STATUS OF THE COMPANY'S EMPLOYEES.  AT-WILL EMPLOYMENT MEANS THAT EITHER YOU OR COMPANY CAN TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE, SUBJECT TO RESTRICTIONS UNDER ANY APPLICABLE LAW.  THE AT-WILL EMPLOYMENT STATUS OF EACH EMPLOYEE CANNOT BE ALTERED BY ANY ORAL STATEMENT OR ALLEGED ORAL AGREEMENT,  IT CAN ONLY BE CHANGED BY A LEGALLY BINDING, WRITTEN CONTRACT COVERING EMPLOYMENT STATUS. 

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