4a. WHISTLEBLOWER PROCESS

Updated July 24, 2017

The USSEC Code of Ethics requires the Directors, employees and contractors to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. USSEC’s assets must be directed toward the accomplishment of mission and purpose and not diverted or manipulated to serve private interests. Directors, employees, contractors and representatives of USSEC must practice honesty and integrity in fulfilling responsibility and comply with all applicable laws and regulations.

Reporting Responsibility

  • Theft,
  • Unauthorized reimbursement of personal expenses;
  • Financial reporting that is knowingly or intentionally misleading;
  • Improper or undocumented financial transactions;
  • Improper destruction of records;
  • Improper use, including unauthorized or undocumented person use, of assets;
  • Any other improper occurrence regarding cash, financial procedures, or reporting;
  • Violations USSEC’s Conflict of Interest policy; and
  1. Any other violations of USSEC’s policies and procedures.

Reporting Violations

The Code of Ethics addresses USSEC’s open-door policy and suggests that the Directors, staff and contractors share their questions, concerns, suggestions or complaints with someone who can address them properly.

1) In most cases, a staff’s or contractor’s supervisor is in the best position to address an area of concern. If staff or contractors are not comfortable speaking with their supervisor or are not satisfied with the supervisor’s response, you are encouraged to reach out to the CEO, HR designee or Board Chairman.

2) Supervisors and managers are required to report suspected violations of the Code of Ethics to USSEC’s Responsible Person (CEO, HR designee or Board Chairperson), who have specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or comfortable with following USSEC’s open-door policy, individuals should contact USSEC’s CEO, HR designee or Board Chairman directly.

Handling of Reported Violations

The Responsible Person (CEO, HR designee or Board Chairperson) shall take the following steps:

  1. Acknowledge receipt of the reported violation or suspected violation within five business days (unless the report was made anonymously).
  2. Take appropriate action to investigate the reported allegation;
  3. If, after such investigation, the Responsible Person reaches the conclusion that no misuse has occurred, the Responsible Person shall forward a final written report to the Executive Committee and meet with the Whistleblower (unless the report was made anonymously) for the purpose of providing a copy of the Responsible Person’s report and discussing the report, including decisions regarding the report and recommended resolutions;
  4. Any reported misuse that is believed to be credible and does not exceed $500 may be resolved by the Responsible Person, with a report to the Executive Committeeand the Board of Directors; and
  5. Any reported misuse that is believed to be credible and exceeds $500, shall be forwarded to the Executive Committee. The Executive Committee shall afford the person accused of the misuse an opportunity to defend the accusation in a proceeding that is fair and reasonable. Thereafter, the Executive Committee may further investigate the reported misuse, as it deems appropriate.
  6. For any reported misuse that is believed to be credible, a final report is to be made to the Board of Directors.

The Executive Committee shall determine whether a misuse has occurred, with an affirmative finding requiring a two-thirds majority vote of the disinterested committee members. If the Executive Committee determines that a misuse has occurred, it shall consider and take appropriate action which may include, but not be limited to: (a) requiring the return of any misappropriated assets or funds; (b) removal or dismissal of the person who committed the misuse; and (c) reporting the misuse to the appropriate legal and law-enforcement authorities.

Acting in Good Faith

Anyone who files a complaint concerning a suspected violation of the Code of Ethics must have reasonable grounds for believing the information disclosed is true and correct. Unsubstantiated allegations that prove to have been made maliciously or without factual basis will be viewed as a serious disciplinary offense.

No Retaliation

No Director, Officer, employee, member or contractor who in good faith reports a violation of the Code of Ethics shall suffer harassment, retaliation or adverse employment consequence. A Director, employee, member or contractor who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including removal and/or dismissal. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within USSEC prior to seeking resolution outside of USSEC.

Accounting and Auditing Matters

The Executive Committee (or Audit and Budget Committee) shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Finance Committee and/or Responsible Person shall immediately notify the Executive Committee and work with the Executive Committee until the matter is resolved.

Confidentiality

Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. The U.S. Soybean Export Council will keep a complaint confidential throughout the investigation to the extent practicable and appropriate under the circumstances. However, the Whistleblower should be aware that, in some instances, preserving anonymity could make it more difficult to investigate the report and ensure appropriate resolution of the allegation.