G. Reporting and Compliance Procedures
G 1. Reporting Violations
Every Infineon Employee has the responsibility to ask questions, seek guidance, report suspected violations, and express concerns regarding compliance with these Business Conduct Guidelines. Any Infineon Employee who knows or believes that any other Infineon Employee or representative of the Company has engaged or is engaging in Company-related conduct that violates applicable law (e.g. securities laws, antitrust laws, environmental laws) or these Business Conduct Guidelines should report such information to his or her supervisor or to the responsible Compliance Officer or to the Infineon Ombudsman. Information and complaints can be reported directly or anonymously; any report will be attended. If necessary, the company will initiate adequate procedures.
External parties can contact the Compliance Officer of Infineon ("Corporate Compliance Officer"), the regional Compliance Officer or the Infineon Ombudsman if they have observed any improper business practices in the company.All information and complaints as well as the identity of the persons submitting them and the persons involved in any investigation, shall be kept confidential and disclosed only to those persons who have, in Infineon’s discretion, a need to know.
The Company will not discipline, discriminate against, or retaliate against any Infineon Employee who reports such conduct in good faith, whether or not such information is ultimately proven to be correct, or who cooperates in any investigation or inquiry regarding such conduct. Any supervisor who receives a report of a violation of this Code must immediately inform the responsible Compliance Officer.
G 2. Procedure for reporting Violations
Reporting of violations of the Business Conduct Guidelines can be made on a confidential or anonymous basis by contacting the responsible Compliance Officer by telephone, fax, mail, intranet or e-mail or the Infineon Ombudsman by telephone, e-mail or regular mail.
The responsible Compliance Officer will consult the Compliance Panel for the evaluation of such violations and to discuss the necessary approach.
If the Compliance Officer receives information regarding an alleged violation of these Business Conduct Guidelines, he/she shall
- evaluate such information,
- inform the Chief Executive Officer/Managing Director of the respective Infineon company of the alleged violation, if the alleged violation involves an executive employee ("leitender Angestellter") or inform the General Counsel of the respective Infineon company of the alleged violation, if the alleged violation involves the Chief Executive/Managing Director or another member of the Management Board, who shall inform the Chairman of the Supervisory Board/Board of Directors of the respective Infineon company, unless he/she determines that such complaint or concern is without merit.
- determine whether it is necessary to conduct an informal inquiry or a formal investigation and, if so, initiate such inquiry or investigation and
- report the results of any such inquiry or investigation, together with a recommendation as to disposition of the matter, to the respective General Counsel for action, who shall report the results of any such inquiry or investigation to the Chairman of the Supervisory Board/Board of Directors of the respective Infineon company, if the alleged violation involves the Chief Executive Officer/Managing Director or another member of the Management Board.
The Compliance Officers shall keep records of all information regarding an alleged violation of these Business Conduct Guidelines received and the disposition thereof. All such reports and related documentation will be retained for a period of 10 years.
G 3. Complaints Regarding Accounting or Auditing Matters
Infineon Employees may report any questionable accounting or auditing matters confidentially or anonymously in writing to the Compliance Officer or the Infineon Ombudsman.
All such complaints will be forwarded to the Investment, Finance and Audit Committee of the Supervisory Board.
The Investment, Finance and Audit Committee will evaluate the merits of any complaints received by it and authorize necessary and appropriate follow-up actions, if any.
G 4. Consequences of Violations
Infineon Employees are expected to cooperate fully with any inquiry or investigation by the Company regarding an alleged violation of law or these Business Conduct Guidelines. Failure to cooperate with any such inquiry or investigation may result in disciplinary action, up to and including discharge.
The respective Infineon company shall determine whether violations of these Business Conduct Guidelines have occurred and, if so, shall determine the disciplinary measures to be taken against any Infineon Employee who has violated these Business Conduct Guidelines.
In the event that the alleged violation involves an executive employee ("leitender Angestellter") or the Chief Executive Officer/Managing Director or another member of the Management Board, the Chief Executive Officer or the Supervisory Board/Board of Directors of the respective Infineon company (whatever is appropriate) shall determine whether a violation of these Business Conduct Guidelines has occurred and, if so, shall determine the disciplinary measures to be taken against such executive employee or Chief Executive Officer/Managing Director or member of the Management Board.
Infineon reserves its right to avail itself of legal measures against Infineon Employees who knowingly and willfully have given wrong reports about alleged violations of these Business Conduct Guidelines.