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Team Petrobras

Esg, Innovation and Compliance

Learn about our Sustainability initiatives, Compliance actions, Innovation programs, Human Rights Guidelines and how they influence the relationship with our supply chain.

Ancora CDP Supply Chain

Petrobras Establishes the Term of Cessation os Suspention Resulting from an Administrative Liability Proceeding (TCS/PAR)

Petrobras has recently approved an administrative procedure for the execution of the Term of Cessation of Suspension resulting from an Administrative Liability Proceeding against a Legal Entity (TCS/PAR).

The TCS/PAR is an agreement entered into between Petrobras and companies sanctioned in Administrative Liability Proceedings (PAR), with the purpose of interrupting the effects of the penalty of temporary suspension from participating in bidding processes and prohibition from contracting with the company.

Who is eligible for the TCS/PAR:

The new instrument applies to all companies that, after a final decision rendered in a PAR and because of this decision, have active sanctions in the Registry of Ineligible and Suspended Companies (CEIS) regarding temporary suspension from participating in bidding processes and prohibition from contracting with the Company, as well as prohibition from registering as a supplier.

Benefits for the legal entity:

Possibility of participating again in bidding processes and contracts, with a focus on integrity.
Reduction of reputational impacts through the publication of an extract of the TCS/PAR execution and implementation of corrections regarding the facts that led to the sanctions; and
Legal certainty and predictability with a clear roadmap of obligations and deadlines.

Requirements:

The legal entity interested in entering the TCS/PAR must meet the requirements and conditions established by Petrobras, such as:

Undergo an Integrity Due Diligence (“DDI”) assessment by Petrobras;
Not be classified as having a high Integrity Risk Level (GRI) at the time of signing the TCS/PAR;
Acknowledge the validity of the fine imposed in the PAR and commit to pay its full amount, updated to the date of signing the TCS/PAR, within up to ten calendar days after signing;
Commit to comply with the sanction of extraordinary publication of the condemnatory decision and present Petrobras with evidence of the start of compliance, within up to ten calendar days after the execution of the TCS/PAR, when applicable, as well as evidence of full compliance with the sanction;
Commit to fully reimburse any losses caused to Petrobras as a result of the acts that justified the application of the sanctions in the PAR, within up to ten calendar days after signing the TCS/PAR;
Commit to fully reimburse the amounts corresponding to the increase in assets related to the advantage obtained because of the illicit conduct addressed in the PAR, as indicated in the Final Report of the Investigating Committee, within up to ten calendar days after signing the TCS/PAR;
Commit to implement or improve its Integrity Program, in accordance with Petrobras’ Compliance Policy, when required;
Commit to promptly present Petrobras with evidence of the implementation of actions related to the Integrity Program, when necessary;
Provide information and documents related to actions taken to mitigate new occurrences that led to the sanction in the PAR;
Waive any potential legal actions, if any exist, within a period of up to ten (10) calendar days after signing the TCS/PAR, as well as undertake not to file any new claims related to the PAR that gave rise to the sanctions covered by the TCS/PAR, its outcome, and the TCS/PAR itself.

Companies that receive a High GRI in the DDI assessment are ineligible to enter the Term.

Application:

Companies interested in entering into the TCS/PAR must formally submit a request to Petrobras, addressed to Petrobras’ Office of the Inspector General, via email termocessacao-pb@petrobras.com.br, and send:

a) Information and documents related to actions taken by the legal entity to mitigate new occurrences that led to the sanction in the PAR;

b) Completed DDI Questionnaire, available at the link Integrity Due Diligence;

c) Documents proving the information provided in the Integrity Due Diligence Questionnaire completed by the legal entity;

d) Documents proving the existence and operation of an Integrity Program.

The request must be submitted by a legal representative, with proof through articles of incorporation, power of attorney (when applicable), and identification document. The PAR code must be indicated in the “subject” field.

After the initial submission of documents, Petrobras may request additional information and documents from the applicant legal entity, including clarifications through in-person or virtual meetings. Failure to comply with Petrobras’ requests will make it impossible to enter the TCS/PAR.

How the Integrity Due Diligence (DDI) assessment is conducted:

The DDI procedure is part of Petrobras’ Compliance Program and aims to assess the integrity risk to which the company may be exposed in its relationships with counterparties. The DDI is based on weighing the risk factors identified and the evidence presented by the legal entity regarding the existence and application of the mechanisms that make up its integrity program. The result of the DDI assessment generates the GRI – Integrity Risk Grade, which can be low, medium, or high.

For more information on the DDI procedure and the assignment of the GRI, click on the link:

Integrity Due Diligence | Petrobras Supplier Channel

Approval:

The TCS/PAR will be previously approved by Petrobras’ Inspector General, the authority that initiated the PAR, and ratified by the Integrity Committee, the judging authority of the PAR in the Company. Its formalization will be completed with the joint signature of the Inspector General and the Executive Manager of Compliance.

Transparency:

After the TCS/PAR is executed, its result is published in the Federal Official Gazette (DOU), in the form of an extract.

Practical effects after execution:

After signing the TCS/PAR and fulfilling the requirements, the following actions will be taken:

Publication in the DOU of the execution of the TCS/PAR;
Removal of the suspension sanction from the CEIS; and
Removal of the pecuniary sanction from the CNEP, when applicable.

The execution of the TCS/PAR does not automatically qualify the legal entity to participate in contracting processes. After the execution of the TCS/PAR, the legal entity will be eligible to resume the registration process as a Petrobras supplier and must meet the other requirements and rules established by Petrobras to enable its participation in contracting processes.

Breach of the Term:

Failure to comply with the TCS/PAR and/or the commitments assumed in the TCS/PAR within the respective deadlines will result in:

Termination of the agreed benefit and reinstatement of the remaining period of the sanction of temporary suspension from participating in bidding processes and prohibition from contracting, including the number of days the suspension was not in effect due to the validity of the TCS/PAR; and
Reinstatement of the sanction(s) in the CEIS and, when applicable, in the CNEP.

The legal entity will be previously notified of the default situation to regularize the agreed commitment. If the default persists, unilateral termination will occur.

Furthermore, the legal entity will be prevented from entering a new TCS/PAR for a period of 24 months in the event of recurrence of illicit conduct provided for in art. 5 of Law 12,846/2013, with a final and unappealable decision.

Communication channel: termocessacao-pb@petrobras.com.br

Compliance

Good corporate governance and compliance practices are pillars that support our business.

We encourage our suppliers to implement compliance programs, setting and continually improving their governance, processes and controls to ensure compliance with the laws, standards and procedures applicable to their activities.

The main documents that set parameters for our relationship with our suppliers are the Petrobras Compliance Program, the Ethical Conduct Guide for Suppliers and the Compliance Policy. These documents address such issues as conflicts of interest, nepotism, money laundering, terrorist financing, and the issue of gifts and hospitality.

To learn more about our compliance actions click here.

Also get to know what we consider gifts and hospitality and the requirements featured in our Receipt and Offering Guide.

Ancora Certificação Internacional ASCM

International ASCM Certification

We are the first company to obtain the certification from the Association for Supply Chain Management (ASCM) in environmental, ethical, and economic excellence in the procurement and supply chain of goods and services. ASCM has over 45,000 members in 100 countries and is part of the American Production and Inventory Control Society (APICS), an internationally renowned certification and training organization for supply chain professionals with over 60 years of experience. ASCM auditors reviewed over 170 documents and assessed our procurement and logistics processes against international best practices, considering more than 148 criteria. They also visited our supply logistics units, where they observed, for example, automated warehouse management and control, the adoption of digital solutions, and our commitment to high environmental standards. The certification process involved over 50 professionals from various areas.

Three dimensions are evaluated for a company to obtain ASCM certification: ethical, economic, and ecological. For this evaluation, the planning, sourcing, and delivery processes in the supply chain are compared with global market and academic standards.

The certification is valid for three years, with the annual requirement to demonstrate adherence to the standards set by ASCM to maintain the certificate throughout its validity period.

Our contract templates include a compliance clause, which stipulates compliance obligations and aims to establish a business relationship with our suppliers based on ethics, integrity, and transparency.

Among the established commitments, we highlight adherence to current legislation on anti-corruption, anti-money laundering, and compliance with trade sanctions; immediate notification of any violations of anti-corruption laws and other obligations; and the implementation of appropriate compliance procedures. In supply contracts, we also request permission to verify the company’s compliance with the commitments made.

Ancora Responsabilização por atos lesivos

Compliance Clause

Accountability for harmful acts

Legal entities that commit harmful acts against Petrobras are subject to the Administrative Accountability Process (PAR). We use this tool to determine the companies’ liability for the practice of possible illegal acts, such as fraud and corruption, and this may result in the application of sanctions under the Anti-Corruption Law.

If the legal entity’s liability for the unlawful act is confirmed, after the administrative procedures provided for are carried out, including the broad right to be heard, a fine of 0.1% to 20% of the gross sales for the last financial year prior to the opening of the PAR and the extraordinary publication of the sanctioning administrative decision are provided for.

Acts considered harmful are listed in the Anti-corruption Act (Act No. 12,846/13).

For more information on the proceedings instituted and judged by the PAR, access our Transparency Portal.

Ancora Canal de denúncia

Reporting Channel

We have an external and independent Reporting Channel to register any situation that indicates there may be a breach or potential breach of ethical principles, policies, norms, laws and regulations or any other improper and/or illegal conduct. We receive complaints about our activities and about those of our subsidiaries through this channel.

The Channel is available 24 hours a day in 3 different languages and has security mechanisms to ensure the complainant's anonymity. In addition, the site allows the complainant to track the progress of their complaint.

Ancora Direitos Humanos

Human Rights

We are committed to the principle of respecting, raising awareness, and promoting Human Rights in our activities, and to act in accordance with the precepts of the Federal Constitution and with the International treaties and conventions ratified by the government, such as the International Charter of Human Rights and Declaration of Fundamental Principles and Rights in the International Labor Organization-ILO, as well as the intituitional commitments assumed by the company such as:

United Nations Global Compact;
Women Empowerment Principles – UN Women;
National Compact for the Eradication of Slave Labor – InPacto
Enterprise Racial Equality Initiative
Open Charter Enterprises for Human Rights
Gender and Race Pro-Equity Program; and race.
Declaration of Corporate Commitment to Combat the Sexual Exploitation of Children and Adolescents

Our Guideline directs Petrobras operations regarding respect for Human Rights in all regions where it is presente, and throughout the life cycle of its projects and operations.

These guidelines are present in our Code of Ethical Conduct, in our policies regarding corporate Social Responsibility, Health, Safety, and the Environment, and Human Resources. The respect of Human Rights is also reflected in various actions to promote diversity, ensuring respect for diferences and equal opportunities.

Our work in Human Rights is guided by the United Nations Guiding Principles on Business and Human Rights, and is structured into four axes:

1. People Management;
2. Relationship with Communities;
3. Involvement with the Supply Chain and Partners; and
4. Human Rights Due Diligence.

Human Rights Clause in Petrobras Contracts

Petrobras has included a new human rights clause in all of its new goods and services contracts. Supplier companies commit to respecting human rights as established in the International Bill of Human Rights, the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, and other national and international instruments, as well as their subcontractors.

The clause, resulting from several months of negotiation, includes the inclusion of underrepresented groups in contracts with over 80 people, equal pay between genders, protection for human rights defenders, as well as for indigenous and traditional peoples and communities, and the safeguarding of whistleblowers against retaliation in case of ongoing investigations.

"This is a fundamental tool for Petrobras and society, especially considering the large number of suppliers and their employees providing services to Petrobras. In this case, we not only align the company with global standards, but we also drive the sector towards promoting respect for human rights. This inclusion of the clause may generate positive repercussions throughout the industry and in the communities where Petrobras operates," explains the General Manager of Legal Affairs, Luiz Cristiano Oliveira de Andrade.

Other important points include respect for the right to union association, sustainable environmental practices, and the need for an annual human rights compliance statement. The clause also emphasizes the promotion of a safe and healthy work environment, prohibits discrimination, harassment, sexual exploitation, child labor, and conditions analogous to slavery, in addition to requiring cooperation with audits and investigations. This initiative aligns Petrobras with global standards and promotes respect for human rights, contributing to the development of the industry and the communities where it operates.

"We have a very large and complex supply chain, and therefore, we are aware of the impact that the clause can have in mobilizing Brazilian businesses to act in respect for human rights alongside Petrobras. We believe that it helps us solidify core values for Petrobras, such as caring for people and our company's contribution to the development of our country," explains the Executive Manager of Social Responsibility, José Maria Rangel.

Our suppliers must commit to:

a) Respect internationally recognized human rights, as established in the International Bill of Human Rights, the International Labour Organization's Declaration on Fundamental Principles and Rights at Work, the UN Guiding Principles on Business and Human Rights (“Guiding Principles”), and Decree No. 9,571 of November 21, 2018, along with other applicable legislation;

b) Communicate with surrounding communities about activities that impact their daily lives, in order to minimize impacts/risks, disturbances, and conflicts arising from their relationship with Petrobras;

c) Diligently repair any damages caused to communities during works resulting from their activities;

d) Not engage in acts that constitute excessive force in interactions between security forces, communities, and workers.

Diversity, Equity, and Inclusion

Throughout 2023, we published six guides on the rights of vulnerable groups, presented in a “pamphlet” format, with the aim of raising awareness among internal audiences and society in general, as well as highlighting legal achievements related to the topic. These pamphlets, which are part of the Legal Notebook on Diversity, were created to be accessible, educational, and engaging, addressing the rights of different vulnerable groups. They include:

Prevention and Combat to Discrimination, Moral Harassment, and Sexual Violence

Sexual Diversity

Gender Equity and Women's Rights

Racial Equity

Program for Approaching People with Disabilities and/or Neurodivergence

Rights of People with Disabilities

Rights of Indigenous and Quilombola Peoples

Combating Xenophobia

Petrobras Program Against Sexual and Workplace Violence

Petrobras recently held the ESG Forum – Integrity in the Supply Chain, an event aimed at suppliers, where two important initiatives were presented: the program to combat violence in the workplace and new approaches to managing psychosocial risks.

Petrobras Program to Prevent Sexual and Workplace Violence, which reinforces the company’s commitment to a diverse, respectful, safe, and violence-free work environment.

Click here to access the supporting documents for the Petrobras Program to Prevent Sexual and Workplace Violence.

For those who missed the event or would like to revisit the presentations, watch the full recording here: ESG Forum – Integrity in the Supply Chain

Ancora Nossos fornecedores devem se comprometer a