The Australia, New Zealand & Mexico Business Council (registered in Mexico as ANZMEX ORG., A.C.) recognises the need to implement relevant policies in compliance with the privacy, antitrust and related laws and norms of Mexico, and other countries that ANZMEX, or members of ANZMEX, may conduct their business.
This Code of Ethics provides guidelines on matters of privacy, confidentiality, antitrust and ethical conduct expected of members and employees of ANZMEX Business Council. It is intended to assist you to identify and comply with relevant ethical and legal requirements, however it is not a substitute for legal advice, nor does it attempt to be a comprehensive survey of all related issues and legislation.
The following guidelines refer to “members”, however all current and future employees of ANZMEX, whether hired directly or indirectly, are expected to not only abide by these guidelines, but to actively ensure that members are aware of them, understand them and to alert the board to any potential issues of concern.
Communication & commitment
- 1.0 ANZMEX will make all existing members and employees aware of the existence of this policy by means of:
- 1.1 Publication on the official website
- 1.2 An announcement sent via email to all current members
- 1.3 A soft copy of the policy sent to all current members
- 1.4 An announcement of the availability of a hard copy of the policy at a member’s request
- 1.5 In addition, ANZMEX will make all new members aware of the policy by means of:
- 1.6 Announcing the existence of the policy as part of the registration process
- 1.7 Integrating a soft copy of the policy within the registration process
- 1.8 Creating the acknowledgment of the policy, and an agreement to comply by the rules of the policy, as an obligatory step in the registration process
- 1.9 All members of ANZMEX accept the responsibility to:
- 1.10 Learn the code
- 1.11 Ensure that any employees of their company who engage in ANZMEX events and/or activities are aware of the existence of the policy
- 1.12 Abide by the code within all areas of participation as an ANZMEX member
- 2.0 All members are expected to:
- 2.1 Uphold the reputation of ANZMEX Business Council, its members and employees
- 2.2 Promote cooperation and collaboration, and provide assistance when appropriate for other members and/or the Business Council in general
- 2.3 Avoid engaging in practices that may adversely affect or bring the name of the Council, or its members, into disrepute
- 2.4 Keep informed about public and national policy, and deal fairly and honestly in all organisation activities complying with the letter and the spirit of the law of the country
- 2.5 Meet all financial obligations in a responsible manner to ANZMEX, other members with who they may have commercial relationships and the business community in general
- 2.6 Take care in preparation and delivery of verbal and written communication to avoid creating the impression of improper conduct.
- 2.7 Participate actively in ANZMEX related activities and events where possible
- 4.0 All members of ANZMEX, while conducting business with or participating in activities related to ANZMEX and its members will respect the confidentiality of information given in good faith or learnt within the confines of ANZMEX related activities, unless explicitly having received prior permission to share and/or use the information, in regards, but not limited, to:
- 4.1 Contact details including names, telephone numbers, addresses, email addresses.
- 4.2 Any information that, should it be publicised, restrict the competitive strategy of any party involved including, but not limited, to prices, costs, profits, products or services offerings, terms or conditions of sale, production or sales volume, production facilities’ capacity, market share, decisions to quote or not to quote, customer or supplier classification or selection, sales territory, distribution methods.
- 5.0 In the normal course of our activities, it is likely that members will participate in meetings, seminars, and various activities that will involve competitors – not all of whom will be members of ANZMEX. It is important to emphasise that such situations not only present a potential risk of breaching competition guidelines, they also may be the focus of competition investigations. Whilst the Federal Law on Competitiveness defines Mexico’s legal framework, members are reminded that in many cases they may be representing their organisation that has operations in other countries and their actions in Mexico may be subject to laws and ramifications beyond Mexico’s borders.
Communication with a competitor in relation to the sharing of such information as stated in paragraph 4.2, may be viewed as anti-competitive, or in conflict with anti-trust laws, particularly if the communication is accompanied or followed by similarity of action. Accordingly, no member shall discuss with a competitor or any third party acting for a competitor, or otherwise furnish to or accept from a competitor or any third party acting for a competitor, information on any subject as is outlined in paragraph 4.2.
Areas of particular concern include, but are not limited to, the following actions:
- 5.1 Agreements, contracts combinations, or conspiracies between two or more companies or persons that unreasonably restrain trade
- 5.2 Monopolizing conduct, attempts to monopolize, and conspiracies or combinations between two or more companies or persons to monopolize
- 5.3 Exclusive dealing, requirements and tying – where the customer is required to refrain from dealing in the goods of a competing supplier
- 5.4 Unfair methods of competition and unfair or deceptive acts or practices
- 5.5 Payments which indirectly discriminate unfairly between buyers – for example payments for services not actually rendered, promotional allowances and services which are not offered to competing customers on proportionally equal terms
- 5.6 Price fixing – vertical (with customers), horizontal (with competitors), horizontal allocation of customers or territories, horizontal boycotts
- 5.7 Selling products of like grade and quality to different customers at different prices where the impact of such actions would be to lessen competition or to create a monopoly
- 6.0 All members are expected to avoid and actively discourage any forms of bribery and corruption and uphold the principles of transparency in business dealings. ANZMEX will aim to increase awareness about the detrimental effects of corruption through:
- 6.1 Seminars, conferences, and studies, among others
- 6.2 Compiling information on best practices and expected standards related to compliance and internal anti-corruption policies
- 6.3 Promoting companies’ adherence to transparent accounting
- 6.4 Providing training on corruption-related issues as well as ethics and integrity
Events, Seminars & Meetings
- 7.0 Events, seminars and meetings that ANZMEX organises will include the following guidelines to remind members and non-members alike of our code of ethics.
- 7.1 Invitations and meeting confirmations will include a link to this code of ethics
- 7.2 An ANZMEX employee, and or Board member, will attend every ANZMEX event to monitor adherence to this code of ethics
- 7.3 The chairperson or host of the event will reference this code of ethics as part of the opening announcements (see Appendix)
- 7.4 An agenda will be prepared and circulated prior to the event
- 7.5 The attendee list will be circulated prior to the event in order that members may be alerted to the participation of a potential competitor
- 7.6 The chairperson will guide agenda, and avoid inappropriate diversions
- 7.7 Where relevant, minutes taken and circulated to attendees and shared via the member website
Research, surveys, Market Studies
- 8.0 From time to time ANZMEX may sponsor or promote relevant research projects or surveys of members – on behalf of member organisations or external third parties. In order to avoid any potential issues relating to competitiveness the following guidelines will apply:
- 8.1 In general, we would recommend that a third party expert would be contracted to support the design, data collection and reporting processes
- 8.2 The design of the research would be reviewed by legal counsel to ensure it did not expose any member, nor ANZMEX as a whole, to any potential legal issues
- 8.3 In the case of an ANZMEX sponsored research project, the consolidated results would be made available to all members
- 8.4 Participation in any survey or research project would be voluntary
- 8.5 Data collected should avoid current pricing & costs, future production and marketing decisions
Violation of this code
Any action in contradiction to this code may result in exclusion as a member from ANZMEX, and all proceeding activities and decisions. In the case of an employee who breaches this code, relevant disciplinary action would be taken in accordance with applicable labour laws.