We believe that conducting business in accordance with the highest ethical standards, and in compliance with all laws and regulations, is essential to our success. We not only require our employees to adhere to such standards, but also expect a similar commitment from our suppliers.
KCS' Supplier Expectations, as outlined below, apply to all consultants, contractors, suppliers and vendors and do not alter or reduce, any contractual obligations that may be set forth in a written agreement between KCS and any supplier.
Please take the time to review the KCS Supplier Expectations carefully. If you have any questions, please feel free to send an email to Supplier Expectations.
KCS recognizes that Suppliers may be involved in business relationships with other companies, including competitors and customers of KCS. These relationships, however, must never compromise, or reasonably appear to compromise, a Supplier's capacity to carry out its responsibilities to KCS or its ability to make sound, impartial and objective business decisions regarding KCS. Among other things, sharing KCS’ confidential information outside the organization, or beyond those with a need to know within the organization, is strictly prohibited.
Additionally, any situation involving a Supplier that creates a conflict of interest, or an appearance of a conflict of interest, must be disclosed to KCS. A conflict of interest exists any time there is a choice between a personal interest (financial or otherwise) and the interests of KCS. For example, where a KCS employee or his/her family member is employed by or has a financial interest in a Supplier's business, there is a conflict of interest. Suppliers must immediately disclose to KCS management any actual or potential conflicts of interest, including but not limited to any business relationship and/or any financial interest a KCS employee or his/her family member has in a Supplier’s business. This disclosure should be made to the KCS vice president of purchasing.
In order to avoid even the appearance of a conflict of interest, KCS has certain restrictions regarding a Supplier's offer of gifts, entertainment, travel, or other benefit or thing of value. Generally, suppliers should not offer gifts, entertainment, travel, or other benefit or thing of value to KCS employees with anything other than a nominal value. Suppliers may never offer cash, bribes, kickbacks, payoffs or other improper payments to, or make improper transaction with KCS employees. Similarly, a supplier should never accept cash, bribes, payoffs or kickbacks from, or receive an improper transaction from, a KCS employee.
As an international company, KCS is subject to laws in the U.S., Mexico and certain other countries, all of which influence its decisions on where – and with whom – KCS does business, as well as how we export and import goods, services and technology. KCS conducts its business in accordance with applicable laws and regulations and expects that is Suppliers do the same.
Under the U.S. Foreign Corrupt Practices Act of 1977 and the laws adopted by Mexico under its National Anti-Corruption System, it is illegal to, among other things, give or offer money or anything else of value to a foreign or public official for the purpose of influencing such official to assist KCS or a supplier in obtaining or retaining business or securing any improper advantage. KCS expects its suppliers to be familiar with and comply with these and other applicable anti-corruption laws in effect from time to time.
To the extent a supplier is responsible for the import or export of goods, software or technology, the supplier must be aware of, and remain in compliance with, all applicable import and export laws, rules, and regulations. Suppliers are expected to make accurate declarations and may not mischaracterize the value or nature of the goods in any way that will create liability for KCS. Suppliers must obtain the appropriate import and export licenses, including when shipping controlled goods, technology or software.
Suppliers must not engage in any anticompetitive business practices aimed at limiting or impairing full and open competition for the products and services suppliers provide to KCS.
KCS frequently enters into agreements with federal, state and local government entities, including but not limited to agreements for grants and low-interest loans. These agreements typically contain special compliance requirements that flow down to suppliers who may be engaged by KCS to work on the projects. KCS expects its suppliers to take particular care to ensure compliance with all terms of these agreements, and to fully cooperate with the company in its efforts to meet the government's expectations regarding reporting and compliance.
As a partner in the Responsible Care Program, KCS adheres to principles that promote environmental responsibility, health, safety and security. In that regard, an important consideration in supplier selection is a demonstrated commitment to the following guiding principles:
Suppliers who have questions or concerns about these KCS Supplier Expectations should contact an appropriate KCS representative. Concerns may also be reported via the Speak Up! Line at 1-800-727-2615 in the U.S. or Linea de Denuncias at 01-800-436-0158 in Mexico, 24 hours a day, seven days a week.