Q1 2024 Integrity Advocate
Newly Appointed BI Partners
What do the individuals below all have in common? They are the newest, among the 90+ employees throughout our company who serve as Business Integrity (BI) Partners.
Since 2014, the BI Partner Program has cultivated and trained a select group of individuals—nominated by management—to help serve as ambassadors for integrity, compliance, and ethics in their respective organizations. BI Partners help to promote and strengthen our compliance and ethics (C&E) program.
Responsibilities of the BI Partner:
- Actively look for opportunities to work with organization and local management to increase employee awareness and understanding of the Code of Business Conduct, Company Policies, integrity as a core value, and our C&E Program.
- Assist organization and local management to understand the disclosure and approval requirements associated with the Conflicts of Interest and Business Courtesies Policies.
- Encourage the reporting of allegations to appropriate resources, including, but not limited to the Integrity Helpline.
- Reinforce the Company’s anti-retaliation policy.
- Assist BI&C with presenting compliance and ethics training.
- Act as a liaison between the organization or location and BI&C to identify specific compliance and ethics issues and determine targeted training needs; meet at least quarterly with organization or local management.
- Promote and encourage the timely completion of the Annual Code of Business Conduct Questionnaire and Certification and answer employee questions.
- Distribute publications and other BI&C materials and help reinforce messaging, with special attention given during Corporate Compliance and Ethics Week in November.
- Provide feedback to BI&C on the effectiveness of BI&C’s strategies, communications and training.
Who is your BI Partner?
Designated groups throughout the enterprise have at least one BI Partner who serves as a liaison between BI&C and the employees within their respective Partner’s group. Do you know who your group’s appointed partner is? Visit the BI Partner Page on MPCConnect to learn more about the Program and find out who serves this role in your group.
Integrity in the Workplace
For the third consecutive year, MPC participated in global Corporate Compliance and Ethics (C&E) Week, reflecting on the importance of integrity in the workplace and its lasting effect on culture. To garner participation from employees companywide, we enlisted the support of our many BI Partners throughout the company. As a result, festivities were held at 50 of our locations.
This weeklong celebration, Integrity at Our Core, offered the opportunity to shine a spotlight on the importance of C&E at MPC and to seek feedback on our C&E Program through a Business Integrity Poll.
We were pleased to have more than 2,500 employees complete the flash poll that was conducted companywide providing insight into the effectiveness of specific program elements.
· 98% said MPC clearly communicates its expectations of ethical behavior.
· 99% understand how the Code of Business Conduct applies to them in the role they perform.
· 94% feel it is safe to speak up at MPC.
· 97% would report unethical behavior if they saw it.
· 88% are confident something would be done about unethical behavior when reported.
Our values are of utmost importance at MPC and that includes our core value of Integrity. Our values guide the way we treat each other and all our stakeholders. While we know who we are and what we stand for, neither MPC nor individual persons within our company–our executives, leaders, managers, employees–can simply rely on written codes of conduct and stated values to create an ethical culture. Instead, individuals must make accountability and responsibility for ethical conduct a personal commitment by taking actions and embracing decisions that produce ethical outcomes.
Oil and Gas Trader Awaits Sentencing
It took the jury less than 6 hours to find him guilty.
Nearly $1 million paid in bribes. 2 foreign government-owned businesses. 2 contracts worth more than $500 million combined. Numerous shell companies, sham invoices and “consultants” used in furtherance of the scheme. 7 co-conspirators that had already pled guilty.
The numbers paint part of the picture, but the trial that recently ended on February 23 in a federal courtroom in Brooklyn was a unique one. Javier Aguilar, a former trading manager at Vitol, Inc., was convicted of violating the Foreign Corrupt Practices Act (“FCPA”) by paying bribes to Petroecuador and a subsidiary of PEMEX, and of laundering the money used to pay these bribes. While the FCPA is an active area of enforcement, cases are rare, and a case involving our industry even more so.
The evidence presented over the eight-week trial showed that Mr. Aguilar was directly involved in these significant bribery schemes. Surreptitiously recorded video and phone calls featured prominently, as did the testimony of the former officials at both Petroecuador and PEMEX, all showing his significant role in the scheme.
“I, I told some people over here: I need this fast. We owe them this much. But I need to show them, give them a token of appreciation.… I need you to, to send me, like now, two hundred and fifty. Before they close everything down and then it might take two or three months more, dude. That’s it.”
- Mr. Aguilar speaking with a co-conspirator in February 2020
Vitol reached a separate corporate resolution with the U.S. Department of Justice in December of 2020, paying over $135 million to resolve cases related to this conduct and a separate bribery matter in Brazil. While Vitol has moved on, Mr. Aguilar now faces sentencing.
Up to 5 years for conspiracy to violate the FCPA, up to 5 years for violating the FCPA and up to 20 years for the money laundering charges. Those are the numbers that really matter.
MPC's Commitment
MPC remains committed to conducting company business with the highest level of integrity and in compliance with applicable laws and regulations, including those aimed at corruption in the United States and in foreign jurisdictions.
Policy #2010/2010x – Anticorruption – prohibits the company, its employees and those acting on behalf of the company from paying, providing, offering or promising, and from authorizing any other person to pay, provide, offer or promise, anything of value, to anyone to improperly influence any act or decision, induce such person to act in violation of his or her lawful duties, secure any improper advantage for the company or use his or her influence with a government or government official.
In addition, business courtesies are especially sensitive when government officials or employees of foreign state-owned or controlled businesses are involved. To help employees navigate this complex environment while upholding MPC’s integrity standards and complying with the law, MPC has adopted Policy #2009 and the Guidelines for Business Courtesies, which describe restrictions, preclearance requirements and other guidelines you must follow in providing or receiving business courtesies. These guidelines and preclearance requirements are different depending on who is receiving the business courtesy. If you have additional questions or concerns, please reach out to MPC’s Compliance Counsel, Patrick Matheny.
It Happened Here
The following scenarios happened with employees at our company. Situations and descriptions have been edited to maintain anonymity and confidentiality.
Click arrows below to view the company response to the concern.
The Concern: Employee suspected of being a full-time employee at MPC while also working a full-time job at another company. It was also reported that the employee shared MPC documents with the other company.
The Response:
Investigation confirmed that the employee had been engaging in dual employment with both companies during the same working hours in violation of Policy #2006 – Conflicts of Interest. In addition, MPC confirmed the employee had forwarded company information to external accounts violating Policy #6002 – Use of Company and Personal Information Systems for Company Business. Employee no longer works for the company.
The Concern: Employee reported co-worker made sexually explicit comments to them.
The Response:
Investigation confirmed that the employee had in fact made sexually explicit comments to a co-worker in violation of Policy #10003 – Harassment and Appropriate Workplace Conduct. Employee no longer works for the company.
The Concern: Employee was reported for falsifying company data and providing it to an external third party for personal gain.
The Response:
Investigation confirmed that the employee had in fact falsified company data using both company time and resources, violating the company’s Code of Business Conduct. Employee no longer works for the company.
Be an Integrity Advocate
Being an advocate is about speaking up not only about what may be wrong, but also about what is going right. Examples of ethical conduct should be highlighted and celebrated!
We invite you to help expand the scope of “It Happened Here” to include positive stories of integrity in action in future issues of the Integrity Advocate by submitting instances of integrity in action to Business Integrity and Compliance, Room M-01-004 Findlay Campus or [email protected].