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Shell’s business ethics guidelines are a sham

John,

THE NEW YORK TIMES ARTICLE Spies and Co.

As an ‘interested observer’ I would make this comment about Shell’s business operations and their unethical business practices. The US Federal government operates under the Federal Acquisition Regulation’s for the purposes of purchasing goods and services. As it happens to be, the US government requires that its providers of goods and services follow ethical business practices.

If it becomes apparent that any company/corporation/individual is not following Federal good business practices as outlined by its ethic guidelines a complaint may be filed against that company. In most instances that complaint will trigger action to bar the offending entity/corporation from doing business with the US government.

If it can be demonstrated that Shell (as a government contractor) is not following, or has not followed good business practices, as outlined by Federal ethics guidelines, I would urge any offended party to file a formal complaint. If the allegations prove to be true Shell could be barred from doing business with the US government, in any form. That would include the acquisition of Federal leases for oil and gas exploration and exploitation purposes.

The following links will provide your readers access to that part of the Federal Acquisition code that deals with business ethics:

Subpart 3.10—Contractor Code of Business Ethics and Conduct

https://www.acquisition.gov/far/html/Subpart%203_10.html
This subpart prescribes policies and procedures for the establishment of contractor codes of business ethics and conduct, and display of … evidence of a violation of Federal criminal law involving fraud, conflict of interest, bribery, … (b)(1) Unless the contract is for the acquisition of a commercial item or will be performed …

Text – U.S. Government Printing Office

Nov 12, 2008 – This final rule amends the Federal Acquisition Regulation to require … Changes to the requirement for a code of business ethics and conduct (52.203-XX). …. It also provides a basis for internal policy development, for example …

Needless to say, this would apply to industrial espionage or espionage, or even simple conspiracy to violate both the economic espionage statutes as well as the national security espionage statutes. Conspiracy to do under Title 18 of US Code is a criminal violation of Federal law.

Federal Acquisition Regulation (FAR) – Associated Builders and …

CODE OF BUSINESS ETHICS AND CONDUCT FOR … federal acquisition regulations governing all future contracts for services and goods involving the General …. policies, and internal controls for compliance with the contractor’s code of …

Acquisition Policy – GSA

Oct 9, 2012 – Acquisition Policy serves as a change-agent to help create a … Supports and promotes the achievement of federal business goals and … that the government’s business be conducted under the highest ethical standards.

Needless to say, this would apply to industrial espionage or espionage, or even simple conspiracy to violate both the economic espionage statutes as well as the national security espionage statutes. Conspiracy to do so under Title 18 of US Code is a criminal violation of Federal law.

If your allegations are true, then Shell has deliberately and repeatedly violated Federal business ethics guidelines. That conduct should be reported to the appropriate agencies Inspector General Hotline Office. If criminal misconduct is involved or suspected then the matter should be reported to the FBI or agency law enforcement investigative bureau, i.e., Navy NCIS, DoD DCIS, Air Force OSI, Army CID, etc. All complaints filed with the HOTLINE offices are confidential and individuals are protected under Federal ‘whistle blower’ statutes.

We all know that Shell’s business ethics guidelines are a sham, but they have been ‘established’ (on paper if not in reality) because of Federal acquisition requirements and law. Don’t expect Shell to follow them if they think they can get away with violating them.

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