Invenergy Compliance

Compliance and Anti-corruption Policies and Procedures 

Invenergy makes internal governing documents available to employees via an intranet platform, the “Policy Hub”.  Externally, core governing documents, such as the company’s Code of Conduct, Vendor Code of Conduct, and Global Anti-Corruption Policy, are available below. 

Anti-Corruption Policy

Our Anti-Corruption Policy is a cornerstone of the Compliance Program. It plays a key role in preventing and mitigating bribery and corruption risks, supporting compliance with applicable anti-corruption legislation through risk-based due diligence, and effective internal controls and oversight of third-party relationships.

Anti-trust Standards

Invenergy’s LATAM Anti-trust Standards, applicable to operations in Mexico, Uruguay and El Salvador, establish minimum principles and rules governing compliance with applicable competition laws, including interactions with competitors, customers, suppliers, trade associations and public officials. Together with the Anti-Corruption Policy, the LATAM Anti-trust Standards reinforce a culture of integrity by providing clear guidance on permissible business conduct, reducing the risk of improper practices, conflicts of interest and corrupt interactions with public officials. 

For Invenergy’s operations in Spain, and as applicable to Invenergy’s Spanish subsidiaries, Invenergy’s Spanish Corporate Criminal Liability and Regulatory Compliance Prevention Model (the Model) governs. Designed and approved in accordance with Article 31 bis of the Spanish Criminal Code, the Model establishes a comprehensive system of governance, policies, controls and compliance activities designed to identify, assess, mitigate and monitor regulatory and corporate criminal liability risks, including risks relating to public and private corruption. Key elements of the Model are the Policy and Manual for Compliance and Prevention of Regulatory and Criminal Non-compliance, both of which are reviewed and approved on annual basis by the appropriate Board of Directors. 

Compliance and Anti-corruption Trainings 

Invenergy’s compliance training program is designed to meet both standards and the specific legal, regulatory, and business needs of each jurisdiction in which Invenergy operates. While annual mandatory anti-corruption training, including the U.S. Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, and other applicable anti-corruption laws, is a core component of the program, the training framework extends well beyond anti-bribery. It is developed through a risk-based approach that considers local legal obligations, compliance risks, regulatory developments, and the specific training needs of each business. Invenergy further delivers a combination of global and locally tailored training and awareness activities throughout the year to ensure messaging born of annual trainings are consistently top-of-mind. 

Compliance Hotline and Internal Investigations

Invenergy employees and third parties are directed to raise any concerns about any issue or suspicion of corruption in any part of Invenergy’s business, operations, or supply chains. 

Invenergy’s Hotline (“Hotline”), EthicsPoint – Invenergy, LLC, is where third parties and employees can report behaviors contrary to the law or to Invenergy’s internal policies, 24 hours a day, 7 days a week (in the local language), from all countries in which Invenergy operates. Where permitted by law, Invenergy’s Hotline allows anonymous reporting.

As described in Invenergy’s Global Anti-Corruption Policy and the Code of Conduct, any employee who breaches material elements of the Invenergy Compliance Program or laws related to corruption and bribery may face disciplinary actions, up to and including termination. 

Legal and Compliance Third-Party Due Diligence Processes 

Invenergy expects all third parties to conduct business with integrity and in compliance with applicable laws and regulations. Before entering or renewing a business relationship, Invenergy performs risk-based due diligence on third parties to identify, assess compliance risks associated with certain counterparties. Where appropriate, enhanced due diligence is conducted for higher-risk third parties, including those interacting with public officials, operating in higher-risk jurisdictions or performing activities that present an elevated risk of bribery or corruption. 

Invenergy’s risk-based due diligence process typically includes a due diligence questionnaire and a risk assessment based on factors such as: 

• Country corruption risk; 
• Nature and value of the proposed business relationship;Documentation and information provided by the third party; and 
•  Internal and external screening against sanctions lists, enforcement actions, adverse media, litigation, regulatory records and other relevant compliance databases.

Invenergy leverages industry-leading, globally recognized compliance screening and risk intelligence providers to conduct sanctions, enforcement, adverse media, corporate records and other integrity-related checks. The use of these best-in-class screening tools enhances the effectiveness of Invenergy’s risk-based due diligence process and supports the timely identification of material risks. 

Where compliance risks are identified, appropriate mitigating measures are implemented before the relationship is established or continued. Invenergy also conducts ongoing monitoring of certain third-party relationships to ensure continued compliance with applicable legal requirements and Invenergy’s standards. 

Compliance and Anti-Corruption Risk Assessments and Audits 

Consistent with the principles set out in the U.S. Department of Justice’s Evaluation of Corporate Compliance Programs, the U.S. Sentencing Guidelines, and the applicable legal and regulatory frameworks, Invenergy regularly performs compliance risk assessments, including anti-corruption risk assessments, in the jurisdictions in which it operates.