CODE OF CONDUCT The Luso-American Development Foundation, heretofore designated as FLAD, was set up in 1985 as the result of an agreement between the governments of Portugal and the United States whose aim was to create a flexible, self-governing, private law institution of public utility that, on a permanent basis, would promote and strengthen relations between Portugal and the United States. FLAD’s founding act – Decree Law 168/85 of May 20 – which simultaneously granted the institution its public utility status, states that the Foundation’s mission is to contribute to Portugal’s economic and social development by promoting scientific, technical, cultural, educational, business, and commercial cooperation between Portugal and the United States. In pursuing its activities, FLAD has followed ethical rules and patterns of professional behavior that hold its employees to the highest standards of moral and professional conduct. The Code of Conduct presented in this document, heretofore designated as the Code, reflects FLAD’s institutional values and is composed of a set of guiding principles and conduct-oriented guidelines to be followed by employees and governing bodies alike, so that the institution will be viewed as an example of integrity, responsibility, and rigor both internally and in its relationship with outside parties. This Code of Conduct was approved by the Directive Council of the Luso-American Development Foundation in its meeting of April 22, 2013.
CHAPTER I SCOPE AND PRINCIPLES Article 1 Scope 1.
This Code is applicable to all FLAD employees, i.e., all persons who perform
professional duties therein, including the members of its governing bodies, within the limits set by their respective labor contracts, mandates, and legislation in force. 2.
Given the nature of FLAD’s activities and by-laws, the set of general rules and
principles of ethics and professional conduct described herein shall govern all internal and external relations and act as a guideline for the standard of conduct required of the Foundation in its dealings with the public. 3.
That which is laid down in this Code is binding on all FLAD employees both in the
customary locale where their service is rendered and in any location where they may be carrying out functions on behalf of the institution. Article 2 General Principles 1.
The activities of all employees shall be governed by loyalty to FLAD; they shall act in a
creditable, impartial fashion, without regard for personal interest, avoiding situations that may generate conflicts of interest. 2.
Their behavior shall be such that it reinforces others’ trust in FLAD, contributes to the
smooth running of the institution, and affirms the institution’s position as one of rigor and quality. Article 3 Legal Considerations 1.
FLAD shall do its utmost to respect and rigorously comply with the standards set down
in its by-laws and in all the legal provisions and regulations that apply to the activities it undertakes. 2.
In carrying out their professional duties, employees shall act in accordance with
generally applicable law and other specifically applicable regulations. Article 4 Non-Discriumination
1.
Employees shall be guided by the principles of equal treatment when handling
applications made by third parties, when assessing requests, and when rendering decisions. 2.
Employees shall not display behaviors deemed discriminatory with regard to race,
gender, age, physical disability, sexual orientation, political beliefs, religion, or creed when dealing with other employees or third parties, regardless of whether or not these parties are to be the beneficiaries of activities carried out by the Foundation. Article 5 Impartiality and Independence
Employees shall make their decisions and adopt behaviors that are guided by the
principles of independence and impartiality, acting with objectivity and fairness and without regard for personal gain or unlawful third party interests. Article 6 Diligence and Efficiency 1.
Employees shall carry out their professional functions and duties with enthusiasm,
efficiency, and to the best of their abilities, and behave in accordance with the decisions of FLAD’s Executive Council. 2.
In dealing with those who are to benefit from the Foundation’s activities and the
public at large, employees shall be helpful, efficient, well-mannered, and courteous. 3.
Should a mistake occur that is unjustifiably detrimental to the rights of third parties,
the employee or employees shall immediately report the event to their superiors and rapidly seek to remedy the negative consequences that have arisen from the act. Article 7 Confidentiality Employees shall not transmit, disclose, utilize, or mention – either implicitly or explicitly – any information pertaining to the activities of the Foundation or their own professional functions when the executive Council has deemed said information to be confidential because of its nature. Article 8 Safeguarding the Environment 1.
Employees shall adopt best practices with regard to protecting the environment
namely by promoting management and governance practices that are eco-efficient in order to
minimize the environmental impact of their activities and promote responsible utilization of resources. 2.
Employees shall also promote the recycling of consumer materials and use the
recycling units available on the FLAD premises. CHAPTER II ADMINISTRATION OF THE FOUNDATION Article 9 Governance 1.
– The Luso-American Development Foundation is run by an autonomous governing
entity, the Executive Council, whose president and members are appointed and dismissed in accordance with the principles and procedures provided for by Law and in the Foundation’s by-laws. 2.
This Code is equally binding upon the members of the Executive Council, without
prejudice to the special rules of conduct required of them owing to the additional responsibilities conferred upon them, and particularly with regard to rules governing conflict of interest, incompatibility, and term in office set down in Law 24/2012 of July 9 the Framework Law for Foundations). Article 10 Transparency 1.
FLAD shall act transparently and be governed by strict management and accountability
practices, and may supplement its legal obligations in this matter with any additional measures it deems appropriate. 2.
FLAD makes the institutional information mentioned in article 9 of the Framework Law
for Foundations available on its website (www.flad.pt), along with data and news regarding its activities and programs. Article 11 Management and Finances FLAD shall be organized and run in a way that guarantees efficient usage of its available resources and the diligent execution of a suitable investment policy, with attention always being given to the preservation of its capital fund, as assessed in real terms.
Article 12 Monitoring, Assessment and Beneficiary Participation The outcome of FLAD’s activities and programs and compliance with the principles of best practices shall be monitored and assessed with regularity by means of mechanisms and instruments that include the participation of the beneficiaries of its activities. CHAPTER III RULES OF CONDUCT AND ETHICAL VALUES Article 13 Conflict of Interest 1.
Employees shall avoid any situation that may directly or indirectly lead to a conflict of
interest, and decline to participate in any decisions that may involve said conflicts. 2.
Actual or potential conflict of interest exists when an employee has a direct or indirect
personal interest in a given matter that stands to influence or appears to influence the impartial and objective performance of his duties. 3.
Conflicts of interest shall be immediately reported by the employee to FLAD’s
Executive Council. Article 14 Incompatibility No employee shall perform any professional activity for an entity outside the Foundation, whose stated goal or activity may prejudice or go against the interests and activities of the Luso-American Foundation, its good name or if the performance of said professional activity compromises compliance with the employee’s professional duties. Article 15 Employee Relationships 1.
In their dealings with each other, employees shall honor the principles of loyalty that
apply not only to the professional functions they have been charged with, the instructions of their superiors, and respect for the appropriate chain of command, but also to the transparency and openness one should display in the personal relationships one maintains with fellow employees, be they co-workers or subordinates.
2.
Employees shall strive to improve and update their knowledge with a view to
improving their professional skills and maintaining them current. Article 16 Using Foundation Resources 1.
Employees shall strive to maintain and protect FLAD’s assets and resources by not
using them extravagantly, unwisely, or improperly or allowing them to be used in such a way by third parties. 2.
In carrying out their functions, employees shall take suitable measures to limit the
costs and expenses to be paid by FLAD by seeking to use available resources efficiently. Article 17 Relationships with Third Parties 1.
The activities of all employees shall be governed by complete respect for FLAD’s goals;
they shall therefore not favor the interests of third party entities to FLAD’s detriment and decline any benefit or personal privilege. 2.
They shall also act in such a way as to allow the Foundation to honor its commitments
with product and service providers, and demand that these suppliers fully comply with their obligations. 3.
The choice of suppliers and providers shall be based on impartial and transparent
criteria, avoiding whenever possible situations of exclusivity. Article 18 Relationships with Other Institutions Contacts with representatives from other institutions, be they public or private, should reflect FLAD policy and employees shall assure that the relationships they undertake with such institutions are governed by criteria of quality, integrity, politeness,s and transparency. Article 19 Relationships with the Media 1.
In defending and promoting its goals and activities, FLAD has adopted a policy of
transparency with regard to the media. 2.
On their own initiative or at the request of the media, employees shall not grant
interviews or supply information to the media that has been deemed confidential or has not
been made available to the general public without prior authorization from the Executive Council. CHAPTER IV SAFEGUARDING OF DATA AND DOCUMENTATION Article 20 Data Protection 1.
Employees who work with or have access to the personal data of private individuals
shall obey the norms of privacy and personal integrity, as per that which is laid down in Law 67/98 of October 26 and other applicable legislation. 2.
Employees may not use any of the personal data they have access to for illicit means,
nor may they transmit this data to unauthorized persons. Article 22 Requests for Access to Documentation 1.
Requests for access to FLAD documentation shall be handled in accordance with
internally defined guidelines. 2.
If the employee is not able to honor a verbal request for access to documentation, he
should advise the petitioner to put the request in writing. Article 23 Record Keeping In accordance with the Foundation’s internal record-keeping policy, FLAD’s administrative services shall keep suitable records of all incoming and outgoing correspondence, and the measures taken with regard to this correspondence. CHAPTER V DISSEMINATION AND APPLICATION OF THE CODE Article 24 Dissemination of the Code 1.
FLAD shall make this code available on its official webpage (www.flad.pt).
2.
The Code shall also be distributed to all FLAD employees.
3.
In order to assure that the provisions of the Code are carried out, employees shall ask
their superiors for any guidance they deem necessary and for further explanations in case of doubt. 4.
Upon being hired, FLAD employees shall sign a declaration attesting to their
knowledge of this Code. Article 25 Entry Into Force This Code shallcome into effect the day after it is approved by FLAD’s Directive Council.