Policy 1094
I. Background
ASIS International (sometimes referred to herein as the “Association”) is an individual membership association, composed of members of the security management profession , which was Incorporated in 1955 under the non-profit corporation law of the State of Delaware. It is organized to promote the common interests of its members and of the profession, in compliance with applicable law. ASIS International is not intended to become involved, and will not become involved, in the competitive business decisions of its members, nor will it take any action that would tend to restrain competition in the profession or industry.
This Antitrust Compliance Policy makes clear ASIS International’s unequivocal support for the public interest in competition served by the antitrust laws as well as its uncompromising intent to comply strictly in all respects with those laws.
In addition to ASIS International’s firm commitment to the principle of competition served by the antitrust laws, the penalties which may be imposed upon both the association and its members involved in any violation of such laws are so severe that good business judgment demands that every effort be made to avoid any such violation.
It shall be the responsibility of every member of the association to be guided by the association's policy of strict compliance with the antitrust laws in all activities. It shall be the special responsibility of ASIS International officers and committee and community leaders to ensure that this policy is known and adhered to in the course of activities pursued under their leadership.
To assist ASIS International staff and all its officers, directors and committee and community leaders in recognizing situations which may raise the appearance of an antitrust problem, the Board will, as a matter of policy, furnish to each of such persons copies of ASIS International’s Antitrust Compliance Policy. The association also will consult its legal counsel when questions arise as to the manner in which the antitrust laws may apply to the activities of the association or to any committee or council thereof.
Antitrust compliance is the responsibility of every ASIS International member. Any violation of this Antitrust Compliance Policy, will result in appropriate corrective action, which could include suspension or expulsion from membership in the Association, removal from office or other appropriate action.
II. Specifications
It is the policy of ASIS International to comply strictly with all laws and regulations applicable to its activities. Compliance with the letter and spirit of the antitrust laws is important to the success of the Association and to advancing its objectives. In order to minimize the possibility of antitrust concerns, ASIS International requires its officers, directors, members (including, without limitation, chapters, committee and task force members), staff, and agents to abide by the terms of this Antitrust Compliance Policy.
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a) Neither the Association nor any leadership body of the Association shall be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal or informal, expressed or implied, among competitors with regard to prices, wages, terms or conditions of sale, discounts, distribution, volume of production, territories or customers or other competitive terms of business.
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b) No association activity or communication shall include discussion or action, for any purpose or any fashion, of prices or pricing methods, wages, production quotas or other limitations on either the timing or volume of production or of sales, or involve allocation of territories or markets or customers in any way.
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c) No association leadership body shall undertake any activity which involves exchange or collection and dissemination among competitors of any information regarding prices, pricing methods, costs of production, labor, sales, distribution or individual company statistics of any kind without first obtaining the advice of legal counsel.
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d) No association activity or communication shall include any discussion or action which might be construed as an attempt to prevent any person or business entity from gaining access to any market or to any customer of goods or services, or to prevent or boycott any business entity from obtaining a supply of goods or otherwise purchasing goods or services freely in the market.
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e) No association activity or communication shall include any discussion or action which might be construed as an agreement or understanding to refrain from purchasing any raw materials, equipment, services, or other supplies from any supplier.
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f) Neither the association, nor any leadership body of the association, shall make any effort to bring about the standardization of any product or method of manufacture or service or certification of any product or program for the purpose of preventing the manufacture or sale of any product or service not conforming to a specified standard which would tend to have the overall effect of either lessening competition or resulting in a degree of price stabilization.
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g) No person or company shall be unreasonably exuded from Association membership or participation in any Association activity or leadership body where such exclusion may impair such person's or company's ability to compete effectively in the profession.
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h) In conducting ASIS International leadership meetings, the primary leader or their designee thereof shall prepare and follow a formal agenda. Minutes of each meeting shall be distributed to all persons who attended such meetings. Approval of the minutes shall be obtained from the membership of the leadership group at its next meeting. Copies of the minutes shall be maintained by headquarters staff. Chapters shall be responsible for their own practices and policies regarding the preparation and retention of meeting minutes, but each Chapter shall comply with the Antitrust Compliance Policy and the Chapter Affiliation Agreement.
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i) Association speakers shall be informed of the need to comply with the association's antitrust policy in the preparation and presentation of their papers.
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j) This Antitrust Compliance Policy applies to informal or social discussions as well as formal programs and activities of ASIS International.
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Approved by the ASIS Global Board of Directors 17 August 2022
