Business Code of Conduct

1. Objectives

This Business Code of Conduct outlines Huawei’s approach to an individual’s code in relation to business, together with an action plan which details how Huawei will achieve a professional and ethical working environment, which is inclusive and maximises the potential of all staff and clients.

2. Scope

This Business Code of Conduct applies to:

1)    all Huawei local Swiss employees, including those local employees working for the Europe and Headquarter in Shenzhen, China (HQ); and

2)    all Huawei expatriate employees working in Switzerland including those expatriate employees working for the Europe, HQ, etc; and

3)    Contractors, temporary workers, agency staff, agents and anyone retained, engaged or appointed to act on behalf of Huawei.

(“Staff” or “You”)

3. Statement of Trust

Huawei ethos since its early years can be summarised in one word ­– “Trust”, a core value which Huawei advocates at all times.

Huawei promises to be honest and trustworthy to customers and its Staff in all aspects of its business interests and to encourage the promotion of harmony as part of the Company’s growth and development.  The Company believes that trust as the core value, whilst being invisible, is an asset which makes up Huawei competitive edge and trust culture will result in long-lasting efforts by all employees and continued commitment from its customers.

4. Basic Conduct Guidelines

It is essential that Staff should be seen to keep their promises, work in a professional and ethical manner.

  • Comply with all applicable laws and regulations in each of the countries in which Huawei operates business, including any laws, standards and principles relating to anti-bribery;
  • Be honest, diligent and trustworthy in the treatment of all Huawei business activities and relationships;
  • Protect and use Huawei assets in an appropriate manner and respect others’ intellectual property rights;
  • Uphold Huawei interests and ensure that personal interests do not take priority over the interests of the Company;

5. Guidelines for Ethical Behaviour 

Business Activities and Relationships

Huawei Staff shall conduct their business in a lawful and ethical manner at all times while conducting business activities and dealing with business relationships.

Anti-Bribery and Corruption

Huawei recognizes that corruption can have a detrimental effect on society by undermining legal systems; damaging social and economic development; and free and fair competition. Huawei is committed to carrying out our business in an honest and ethical manner which is reflected within our business principles that form the foundation of our Company.

Huawei has a zero tolerance of bribery and corruption. Huawei will comply in all respects with all applicable domestic and international laws, standards and principles relating to anti-bribery in each of the countries in which Huawei trades, operates or has any other activity.

We are committed to the following:

  • To carry out our business fairly, honestly and transparently;
  • To not make or receive bribes, or condone the offering of bribes on our behalf, so as to gain or retain a business advantage;
  • Avoid doing business with others who do not accept our principles and who may harm our reputation;
  • Keep transparent and updated records;
  • Make sure that everyone in our business knows and adheres to our principles; and
  • Keep our principles even when it becomes difficult.

Staffs are referred to Huawei’s Anti-Bribery and Corruption Policy(which is published on W3 and updated from time to time) for further guidance. The policies can also be provided by HR upon request. Any Staff member who is found to be giving or taking bribes or any other acts of corruption, will be subject to disciplinary action which may lead to dismissal on the grounds of gross misconduct (if not a Huawei employee, the procedure shall involve a review and the likely termination of the responsible individual’s appointment to Huawei and/or contract) and, may even be subject to criminal proceedings.

Gifts and hospitality

Huawei Staff must not solicit gifts or hospitality in any circumstances.  As a general principle, we discourage Staff from accepting gifts or hospitality from a business partner.

Notwithstanding this, Huawei recognizes that the occasional acceptance or offer of modest gifts and hospitality may be a legitimate contribution to good business relationships. However, it is important that gifts or hospitality shall be suitable for the conduct of normal business relationships and shall never influence business decision-making processes, or cause others to perceive as an influence. The prohibitions against accepting or paying bribes and the avoidance of conflicts of interest should always be taken into consideration.

You shall make sure you get the right approvals before you either offer or accept gifts or hospitality and register any gifts or hospitality that are offered to or accepted by you.

You may never accept or offer the following with or without approval:

  • Illegal gifts or hospitality;
  • Gifts or hospitality that is of an inappropriate nature or in inappropriate venues or that might adversely affect Huawei’s reputation;
  • Gifts or hospitality that the giver knows are prohibited by the recipient’s organization;
  • Cash or cash equivalents such as gift vouchers, stocks, loans or options;
  • Travel arrangement for the purpose of tourism, flight upgrading;
  • Job arrangement for a relative of a customer (except where the job offer is made via a fair, public and formal recruitment and selection procedure);
  • Personal services;
  • Gifts or hospitality during a tender exercise or during periods when important business decisions are being made.

Staffs are referred to Huawei’s Gifts and Hospitality Policy(which is published on W3 and may be updated from time to time and may be provided by HR upon request)for detailed guidance on the acceptance and offering of gifts and hospitality. It is the responsibility of each Huawei Staff member to familiarize themselves with Huawei’s Gifts and Hospitality Policy and processes and to act in accordance and compliance with it. Huawei requires its Staff to abide by these rules not only to protect our reputation and efforts to reduce and eliminate bribery and corruption in business worldwide, but also to protect the individual Staff member against unfounded allegations of improper behavior.

Promotion and Commitment

The Staff who are involved with Advertising and Marketing should make sure that promotional literature is accurate and truthful in regards to the promotion of the Company’s product and services.

The Selection of Suppliers

Huawei requires its Staff to maintain professional and lawful relationships with all its suppliers, including business partners such as agents, distributors, joint ventures or allies. Meanwhile, Huawei will require its business partners to accept and honor the Huawei Code of Business Conduct.

Selection of suppliers will be based on objective business criterion and where member of Staff does not have the expert knowledge of the professional area of the supplier, they must seek an advice from a member of Staff who does.

Ensuring Fair Transactions

Staff must not entrust business to a supplier owned or managed by his/her relative or close friend. If a member of Staff’s relative has interests in one of Huawei suppliers, the Company will not enter into any form of business partnership with the supplier.

Business information of suppliers and other business partners must be kept confidential. Product conditions and quotations as well as Huawei assessment of suppliers are all trade secrets. No trade secret shall be disclosed to any other supplier.

6. Respecting Differences 

Cultural differences and religious beliefs among customers, suppliers, business partners and their staff from all over the world must be respected at all times.

Complying with Local Country Laws and International Rules and Regulations

Huawei business reaches many countries worldwide and its Staff consist of many different nationalities and ethnicities with many different beliefs. As a global operator we must ensure that our business operations are in compliance with the laws of local countries, regions, or regional economic communities, international practice and recognized standards. These laws or standards deal with a wide range of aspects, including investment, trade, foreign exchange, labor, environment, contract, consumer protection, bribery and corruption, intellectual property right, accounting and taxation.

  • The Staff will ensure that they understand and observe the laws and regulations relating to trade secret, proprietary information and other intellectual property rights, and respect others’ effective intellectual property rights. Avoid improper economic or criminal practices relating to the use of others’ intellectual property rights.
  • Understand and comply with the regulations and conventions in relation to human rights recognised by the International Community.
  • Ensure that fair employment opportunities are being offered and that recruitment, employment, and promotion of employees are based solely on individual talents, qualifications and achievements.
  • Private and/or personal information on Staff shall be properly used, stored and transferred in line with the company’s related rules and the local country Data Protection laws. Privacy rights of all Staff must be respected.
  • Understand and comply with the laws governing bribery and corruption in line with the company’s related policy.  Bribery in any form is strictly prohibited.
  • Understand and comply with laws and regulations governing environmental protection, health and safety; create and maintain a safe working environment.
  • In the event of any conflict between the laws applicable to two or more countries, be sure to consult the Huawei Legal Department and make sure how to deal with such conflict properly and lawfully.

7. Protecting Huawei Assets 

It is prohibited to fraudulently prepare false contracts or relevant business documents, steal property from the Company, intentionally claim private, non-business-related expenses, make double claims for a single expense or report false account. Technology and trade secrets are amongst Huawei’s most important assets and it is the duty of all the Company’s Staff to protect all the physical assets, financial assets, information assets and other invisible assets in the possession of Huawei. If you suspect that information is being disclosed by a third party, you have a duty to report the breach to the manager of the department in which you work, or Huawei’s Compliance Officer.

8. Protecting Intellectual Property Rights (IPR) 

Huawei’s Intellectual Property Rights include without limitation patents, trademarks, copyrights, trade secrets and other proprietary information. All Staff must observe Huawei’s information security policies, protect and use Huawei intellectual property rights according to internal guidelines and the respective laws only.

  • Intellectual property rights created by Staff during working hours are Huawei property. The Staff member shall provide the Intellectual Property Right Department with copies of any patent that he/she has applied for or obtained. The Staff member shall return the media and copies in his/her hands which contain Huawei proprietary information when he/she leaves the company. After the Staff member leaves the Company, these intellectual property rights shall remain the property of Huawei and the Staff member will continue to be bound by their ongoing obligations of confidentiality regarding the proprietary information.
  • Before applying for patents with the assistance of the Intellectual Property Right Department, a Staff member must not present or disclose any information relating to a new product or service without authorization. In the development or use of a new product or service name, make sure if any IPR-related issue persists.
  • Every Staff member must use all due skill and diligence to avoid the inadvertent disclosure of proprietary information such as intellectual property rights. You should never discuss with any unauthorized person including family members, friends, customers or suppliers about any proprietary information Huawei has not made public.

The Staff must not disclose any inside information unless expressly instructed to do so by the manager of the department in which they work in order to fulfill a business need. Where the Staff member is unsure in the case of IPR disclosure, he/she shall consult the Legal Department. This inside information includes but is not limited to any non-public information in connection with Huawei:

  • Imminent acquisitions or combinations, transfer, establishment of a joint venture or   associate; winning or terminating an important contract; winning or losing an important customer or supplier; major action or claim; change of profits or dividends distribution policy; and major product development projects.

9. Financial Control 

All Staff shall observe the Company’s finance systems and approval procedures at all times. Staff must make concerted efforts to create a safe and efficient financial environment through their commitments to financial control.

  • Be sure to claim for actually incurred expenses lawfully within the specified limit, and avoid any improper expense claim. Staff must provide accurate financial records, claim expenses in line with Huawei’s internal financial policies and approval procedures.
  • Where a Staff member’s financial submissions appear to be inconsistent, the issue will be raised with the manager of the department in which the respective Staff member works.
  • Administrators in a new business department or an overseas organisation with only a small number of Staff members should establish appropriate financial procedures or control policies in time, to ensure the security of the Company’s funds.

10. Trade Compliance: Import and Export Laws 

The Company is a global business that imports and exports goods in many countries around the world. Employees should be aware of all applicable import and export laws and regulations, as well as export control laws and regulations, and must abide by all of these laws and regulations. Failure to do so can result in fines, loss of import or export privileges, and/or even criminal liabilities for the Company.

Employees must strictly comply with all applicable export control laws while working for the Company, including the export control laws of the countries of their nationality, countries where they are permanent residents, and countries where they work. If Employees become aware or have reason to believe that the work they are doing or activities they are participating in may violate applicable export control laws and regulations, they must promptly notify the local compliance owner. They must also fully cooperate with the Company to effectively handle the situations in accordance with the applicable laws and relevant management requirements of the Company.

Employees must never smuggle any goods – either Company goods or personal goods – during import or export activities.

11. Protecting other Assets 

Staffs who are employees are not permitted to work for any other employer without the express written permission of the Company. Staffs who are employees are not allowed to perform work which does not relate to the business of the Company during working hours or use the Company’s office equipment such as computer, email box or telephone for non-work-related purposes.

What would constitute as a conflict between Company and personal interests?

In respect of Staff who are employees, the following acts are considered violations of professional ethics, unless employee has an express written permission of the Company: taking a second job (such as running a company or work part time); participating in activities other than the company’s business or receiving commissions or payments by taking advantage of one’s position, especially any activity that would be considered as in competition with Huawei to the detriment of the Company’s interest.

Where a Staff member holds majority stake in a Huawei competitor prior to joining Huawei, it will be the responsibility of that Staff Member to disclose this information – in writing - to the Company within 3 months from date of employment, engagement or appointment (as appropriate).

Without prior approval, the Staff may not, in any form during the course of their employment, work or appointment to Huawei compete with Huawei or assist or work indirectly for Huawei competitors. If you are uncertain as to whether your behavior competes against Huawei, do consult your immediate supervisor or the HR Department.

  • No Staff shall improperly or unlawfully use their position for influence within the Company, to promote or assist in other outside business or activity.
  • Without prior authorization and approval of the company, Staff shall not do any of the following:

- Conduct an inspection tour, carry out a negotiation, sign an agreement, invite or submit a tender, or make a competitive auction in the name of the company;

- Provide guarantee or proof in the name of the company;

- Publish opinions or information in any news media in the name of the company; or

- Attend public activities on behalf of the company.

Once the Staff member has left the Company the Staff member will still be bound by their contractual post termination restrictions and their post termination duties and restrictions under law such as the duty of confidentiality. 

12. Personal Investments 

Personal investments during employment made by a Huawei Staff member must not influence that person’s independent judgment in performing duties on behalf of Huawei.

  • Without approval of the Company, the Staff shall not invest in any organization associated with Huawei, including suppliers, competitors, customers, distributors and partners.
  • Staff may not buy or sell stocks or securities using inside information or instruct or prompt others to do so.
  • Staff must not disclose any such information to a third party either directly or indirect in order to make investments in order to seek profit from the Company. 

Should employee Staff member be found to undertake such an action the Company will take appropriate action which may include reporting the matter to the appropriate authorities.

13. Personal Behaviour’s 

A Staff member’s character and personal integrity will have direct influence on Huawei’s image and reputation; therefore, any of the following behaviors are strictly prohibited: 

  • Behaviors that could be considered sexual harassment;
  • Any form of verbal abuse
  • Any violation of local criminal law.

14. Whistle Blowing 

Any Huawei Staff Member who has a reasonable belief that a person has failed, is failing or is likely to fail to comply with a particular legal, obligatory or regulatory obligation – for the purposes of this Business Code of Conduct this include a breach of this Business Code of Conduct, the Anti-Bribery and Corruption Policy, or the Gifts and Hospitality Policy, should disclose the matter confidentially to the manager of the department in which they work.  If the matter is more serious or if you feel your concern has not been addressed, or if you prefer not to raise it with them for any reason, you should contact Huawei’s Compliance Officer or the General Manager. You may also raise the matter anonymously to the following addresses:

Email: BCGcomplain@huawei.com

Huawei will always ensure that no Staff member will be subjected to any detriment or less favorable treatment for refusing to engage in or reporting in good faith any actual or suspected questionable conduct. The Staff are referred to Huawei’s Whistle Blowing Policy (which is published on W3 and may be updated from time to time and may be provided upon request by HR)for further guidance.