Mylan’s Board of Directors oversees management’s efforts with respect to GSR through its Risk Oversight Committee. At the end of 2019, Mylan’s Head of Global Sustainability was promoted to oversee a newly organized Corporate Affairs function within Mylan. This function now encompasses not only Mylan’s global social responsibility efforts, but the company’s global communications, global policy, U.S. government relations and global brand activities. It also collaborates closely with Mylan’s investor relations team. The Head of Corporate Affairs reports directly to the CEO and communicates regularly with Mylan’s Chairman and Board of Directors. This reorganization only served to amplify the importance of Mylan’s commitment to sustainability across all of its stakeholder communication efforts under the leadership of an executive with meaningful ESG knowledge and experience.
The office of Corporate Affairs oversees the development and implementation of Mylan’s strategic focus and efforts around GSR matters and philanthropy and provides regular updates to Mylan’s Risk Oversight Committee on GSR matters. A multifunctional GSR Advisory Committee comprised of cross-functional leaders convenes monthly and supports the progress and integration of relevant GSR topics across the organization.
By embedding our ERM processes into the company’s strategic planning process, we optimize our ability to identify and manage risks, while also identifying and leveraging opportunities. We conduct a periodic enterprise risk assessment, which is a significant component of the company’s ERM program, to identify key and emerging risks. Our GSR priority assessment informs the periodic enterprise risk assessment and ultimately the company’s risk profile.
As we continue to expand into new geographies — potentially with increased risk profiles – safeguarding integrity in business conduct and our assets is critical. Mylan has well-established procedures to identify, manage and monitor risks as part of expanding our business. More specifically, risks associated with expansion into new geographies is an element of our ERM program which is leveraged by Global Internal Audit in determining areas over which it will
perform audits.
1For more detailed information about the risks and uncertainties associated with our business activities see our Annual Report on form 10-K for the year ended Dec. 31, 2019
To ensure Mylan’s Corporate Compliance Program is effective and robust, we provide the adequate procedures and guidance to reinforce the idea that everyone at Mylan – and those acting on its behalf – are personally responsible and accountable for the company’s reputation and dedication to doing business with integrity.
Our anti-corruption program is based on the elements of the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Resource Guide to the U.S. Foreign Corrupt Practices Act; the U.K. Ministry of Justice Bribery Act 2010 Guidance; and the Good Practice Guidance on Internal Controls, Ethics and Compliance from the Organisation for Economic Cooperation and Development (OECD), as well as the local laws where we operate.
Mylan’s Global Anti-Corruption Policy strictly forbids bribery and corruption in any form anywhere we do business. The policy defines bribery and corruption, including facilitation payments, which are strictly prohibited even where permitted under law. Mylan has monitoring and auditing procedures in place to identify and deter such payments. We reassess our anti-corruption program periodically and make updates as warranted. Training is provided for employees as applicable to educate them on what constitutes bribery, corruption and facilitation payments as well as where the risk exposure may be elevated. The training also guides employees on what constitutes acceptable behavior and how to seek support when questions arise. Mylan provides several options for personnel to submit concerns or seek guidance.
As part of these procedures, Mylan monitors any case of suspected conflict of interest. Each identified case is investigated and if concerns remain after investigation, actions are taken as appropriate.
As part of Mylan’s ERM program, Internal Audit assesses anti-corruption and anti-fraud management over entities throughout the world from a corruption risk perspective. Further, we monitor business activities that are deemed an elevated risk – such as HCP interactions – through established internal processes and controls. Our procedures also address our business partners.
Mylan employees often interact with members of the healthcare community as part of their efforts to educate on the appropriate use and efficacy of Mylan’s products. These interactions are important and fundamental to increase patient access but may bring elevated risk.
Mylan’s Standards for Interactions with Healthcare Professionals (HCPs) instruct employees on proper behavior when engaging with HCPs. The guidelines are grounded in Mylan’s companywide standards and take into consideration local laws and regulations. Compliance with the standards is mandatory for any member of Mylan’s workforce who interacts with HCPs. A summary of Mylan’s Standards for Interactions with Healthcare Professionals is available here.
Risk assessments and employee training are key components of each. We strive to comply with regulations and adhere to ethical standards set forth by Mylan and industry associations.
Mylan’s Global Policy for the Marketing and Advertising Review Council requires the establishment of local procedures to ensure that all promotional materials and other commercial communications are reviewed and approved internally by appropriate subject matter experts.
Promotional activities and materials must never involve promotion of drugs for off-label indications, uses, doses or populations.
Mylan is committed to the 10 principles of the U.N. Global Compact and respects the International Bill of Human Rights and the Fundamental Conventions of the International Labour Organization.
Mylan’s global polices and associated procedures, employee and partner training and due diligence, are the foundation of our work to mitigate the risk of human rights violations.
Topics critical to protecting human rights such as:
- freedom of association
- legal compliance,
- prohibition of trafficking of persons,
- prohibition of forced and child labor,
- handling of identity and immigration documents,
- wages,
- working hours,
- safety in the workplace,
- preventing harassment and
- recruitment practices
are addressed through a variety of Mylan policies including our Code of Business Conduct and Ethics, Supplier Code of Conduct, Global Policy on Combating Trafficking in Persons and our companywide EHS program.