THE ETHICAL CODE
OF THE ROMANIAN ASSOCIATION FOR SECURITY TECHNIQUE
- Introduction
The
Ethical Code is being adopted by the General Assembly of the Romanian
Association for Security Technique, further named ARTS, to impose some
professional conduct rules to all ARTS members and also to their personnel,
which has responsibilities in the security technique field.
The
Ethical Code cannot include all professional conduct rules regarding the
security technique field and therefore it has the nature of a general guide
that must not be interpreted as a denial for the existence of other rules that,
even if not mentioned, can be imperative as well.
The association is a non-governmental and
nonprofit legal person that establishes, through its statue, the following objectives:
- to promote and protect the specific interests of the companies
that work in the security technique field, the interests of their clients,
and also to assure their representation in their relations with the public
authorities and the legal persons of private law, according to the in
force law
- to promote and advocate some propositions for improving the
legislation in this field;
- to elaborate professional principles and standards in the field
- to have formal and informal contacts with the members of the
State’s authorities for promoting and sustaining the legitimate interests
of the association and its members
- to organize conferences, symposiums, meetings and other kind of
events, if it serves to accomplish the association’s purposes mentioned
above
The ARTS members engage to carry on their
operational activities in conformity to the moral principles universally
accepted, to run their businesses honestly and abiding the law, the civil
rights and the loyal competition, to protect the consumers in conformity to the
in force rules and standards, to protect the environment, to be transparent and
in good faith.
The main principles that must guide the
security technique specialists regarding their conduct in their professional
relations concern:
a)
The integrity. The security
technique specialist must be just, honest and sincere while executing his
services
b)
The independence. While
carrying out his profession, the security technique specialist must be free of
any kind of interest that might be seen as incompatible with his integrity
c)
The professional secret. The
security technique specialist must respect the confidentiality of the
information gathered while carrying out his job and must not divulge any of
this information to a third party, unless he was authorized specifically to do
so or if he has the legal or professional obligation to do so
d)
Technical and professional
standards. The security technique specialist must carry on his services in
conformity with the technical and professional applicable standards
e)
The professional competence.
The security technique specialist must maintain his competence level during his
professional career and to accept only the contracts that him or the commercial
society that he belongs to can accomplish with professional competence
f)
Ethical behavior. The security
technique specialist must behave in conformity to the good reputation of his
profession and must stop any conduct that could harm this reputation
The provisions of this code are meant to
protect every member of the association and also the third parties, because the
association acts as a guarantor:
-
for the public, of the quality
and the fact that the security specialists labor are functionally
-
for the association’s members,
of a free and correct competition, mainly provided by the principles of the
client’s free choice of a security specialist and by their professional
independence.
The specific responsibility regarding the
application and the ensuring of the Ethical Code’s abiding by the personnel of
the companies that are members of the association is assigned to the companies’
leadership, complying with the provisions of the self management standards of
every company.
The disregard of the Ethical Code’s values
and the violation of its norms by a company or person will be penalized
according to the ARTS Statue.
- Professional ethics
2.1. The client protection
It is every ARTS member’s duty to carry out
the operations for which its services were contracted, protecting the client’s
property and interests, his rights and his physical protection, or the physical
protection of a legal person’s members. ARTS members will not accept
commitments that will contravene this principle, or that will hurt the
citizen’s rights and liberties.
For this purpose, the ARTS members engage
themselves to:
-
protect the client’s rights and
reputation, even if the contract doesn’t mention these obligations, and to warn
the client on any violation or possible violation of these rights if they are
accidentally observed in ARTS members activity
-
recommend the client to contact
and hire experts and specialists when his interests demand so
-
promote technology
understanding and its adequate applying
-
carry on projects only if they
have the requisite qualification, obtained through training or experience, and
only after they have informed the client on their qualification and training
-
use services and equipments of
adequate quality complying to the contracted obligations and which are
certified for their conformity with the present standards
2.2. The honesty
It is every ARTS member’s duty:
-
to refuse any direct or
indirect commission or payment from more than one interested person for a
service, unless it has the approve of all implied parties, from contractors to other
parties whose equipments, support or services were recommended to the client
-
to reveal to its client, in a
reasonable period of time, any other commercial interests that could compete or
affect his business, unless this harms its own or other client’s commercial
interests
-
to not allow a commercial
interest to affect the professional conduct regarding the security technique
services for which it was solicited or it will be contacted
-
to avoid an unloyal or unfair
conduct or an incompatibility with the Ethical Code, or anything that could
injure the professional image of ARTS and its members
-
to not offer or accept bribe,
and also to not use other indirect means for offering or accepting bribe (e.g.
sponsorships, charity etc)
2.3. The fair competition
The security specialist should not use the
unloyal competition means to obtain material or other kind of advantages. For
that, the security specialist will not take part in any unfair practices,
agreements or arrangements and will not have a conduct liable to the violation
of Romanian and communitarian legislation regarding the competition.
The following activities, not limitative,
are considered to be unfair practices:
-
to attract clients by offering
material advantages or by untruth advertising
-
to use the holed situation or the accredited
mandate to attract clients
The unjustified denunciation
of the colleagues is sanction able.
2.4. The correctness
It is every ARTS member’s duty:
-
to strictly respect the
universal accepted principles of truth, correctness and confidentiality
-
to not disclose, promote,
advertise or publish results or accomplishments from the security technique
field for material reasons or for personal satisfaction, unless it has the
previously obtained approval from the client
-
to keep in safe conditions all
recordings, documents, certificates and client mailing needed to carry on the
contracted work
-
to keep all the documents
regarding the purchased services and equipments and its employees
-
to have good relations with the
authorities
-
to not assume obligations that
belong exclusively to the state authorities or other institutions from the
defense and national safety system
-
to carefully examine all
possible variants of any problem which is of its competence and refers to the
security technique and to objectively render to the competent authorities adequate
information and where it is necessary its reasoning, recommendation and
conclusions, without any concealing intention
2.5. The confidentiality
It is every ARTS
member duty:
-
to respect and protect
professional information
-
to respect and protect the
confidentiality of the information regarding the clients, obtained during the
professional activities
-
to establish, before any
disclosure that regards the reputation, integrity and loyalty of any person,
that there is a justified need to disclose those information and the person to
whom the information is disclosed has the right for that, and also to engage
that these information will not be transmitted unless there is an objective
necessity or a legal and legitimate right to do so
The security specialist must protect the
internal professional information by respecting the following rules:
-
to not permit the access of
third parties to information regarding the activity of the company where he
works, unless he has the written agreement of the employer or in other legal
situations
-
to respect the legal protection
demands of the information, regarding their gathering and using
-
to assure the information
protection in the storing, transmitting, receiving or destroying operations
2.6. The profession’s prestige
It is every ARTS member’s duty:
-
to sustain the quality level
raising for the works and services rendered, to improve the efficiency and to
raise the professional effectiveness
-
to protect the professional
image and reputation in the security technique field and to fight against any
incorrect representation and misunderstanding of this profession
-
to work for the professional
development of the employed or supervised personnel
-
to not affect, directly or
indirectly, the professional reputation, the perspective or the current
activity of the colleagues or associates; however, when a colleague is guilty
of illegal, dishonest or unethical practices, to forward these information to
the association and the in law authorities
-
to abstain from publicly
criticize the work of a colleague, taking into account that the professional
association and publications assure the needed forum for technical discussions
and criticisms
-
to not associate with
colleagues that do not respect the ethical practices
2.7. The Association’s prestige
It is every ARTS member’s duty:
-
to actively involve in
accomplishing the ARTS professional objectives and to disclose, in a manner
that does not harm the association’s and its members prestige, and also the
ARTS Executive Committee, any corrupt and dishonest conduct and to report
without reservations such conducts to the in law authorities
-
to help protecting the civil
society , generally, and the association, particularly, by rejecting the improper
or unqualified candidates to a job, which have lack of character, education and
training
-
to thrive for maintaining the
profession’s honesty and dignity
-
to enrich its knowledge and to
raise the effectiveness of the security technique specialist profession by
information exchange with other members, with the purpose of sustaining the
professional evolution in this field, to contribute to the educational
institutions objective and to acquire, through study and training, the
excellence level require_onced by their tasks and responsibilities
-
to ensure the quality control
of the offered services, through complete testing of the products before
delivering them to the client
-
to accept and offer critical
appreciations on the activity, to recognize and correct the occurred errors
-
to not discriminate, to not
harm other people’s health, property, reputation or professional status through
illegal or malevolent actions
-
to use and to promote only
products that have valid conformity certificates; it is recommended to certify
a quality management system
-
to participate disinterested
and advantage free in the administration structures and in the activities
developed by ARTS
2.8. The relations between the Association’s
members
The Association
members owe each other assistance, amability and mutual respect. That does not
exclude only vulgarity, but also improper conduct. The Association members must
abstain from any offensive words, any malevolent imputations, steps or service
offers against others interests and generally to abstain from any action that
might harm other Association members.
As a general
rule, while working the security specialist has the duty to collaborate with
all his colleagues for the benefit of his client. As a result:
-
all ARTS members offer mutual
help and consultancy for accomplishing the professional duties
-
ARTS members settle by their
own the litigations, respecting the true fellowship; if necessary they will
appeal the Executive Committee
-
the security specialist must
treat all his collaborators with respect, good will and true fellowship
-
the security specialist must
prove in any circumstance solidarity to his colleagues and loyalty to his
profession and his professional corps
- Technical conformity
It is every ARTS member duty to respect the
ARTS acknowledged standards and also the norms and guides adopted by ARTS.
The ARTS Executive Committee will adopt
standards and norms based on recommendations and market demands, or the demands
of state’s institutions or some association members, after a 3 months previous
consultancy with all the association members. After that the norms will be
published in the association site.
- Sanctions and
disciplinary procedures
4.1. Sanctions
It is considered
disciplinary infringement the intentional deed by which are violated the
present Ethical Code, the profession’s rules and laws, the European and international
standards unanimously recognized by the ARTS members, and the
norms and guides adopted by ARTS. This includes any other deed done related or
not to the ARTS members activity which could prejudice the honor and prestige
of ARTS members or the association itself.
The disciplinary responsibility of
an ARTS member does not exclude its civil, legal, administrative or material
responsibility.
The reiteration
of a disciplinary infringement is an aggravating circumstance that will be
considered if another sanction will occur, until the applied sanction is
erased.
The cases of Ethical Code’s violation are
analyzed by the Honour Council, at the noticing of the association’s Executive
Committee.
The Honour Council’s decisions are made with
a majority of votes, after that being validated by the association’s Executive
Committee.
The Honour Council’s decisions will be
indispensable to all association members.
The association’s Executive Committee has
the responsibility to fulfill the Honour Council’s decisions.
The disciplinary
infringement leads to the author’s disciplinary responsibility, to which one of
the following sanctions will be applied:
a)
reprimand
b)
warning
c)
vote of censure
d)
a 100 lei to 1500 lei penalty;
the fine’s payment will be made within 30 days from the disciplinary decision
date. If the payment delays than occurs the adjourning from the quality of ARTS
member, until the payment is made
e)
the withdrawal of the quality
of ARTS member
The sanctions from a), b), c) have a
limited term, after which the Honour Council will discuss their annulment, if
the ones responsible have changed their conduct.
To the sanctions mentioned above can be
added, if necessary, the accomplishing of some improvement courses or other
form of professional training.
The Honour Council’s decision is final and
irrevocable after its validation by the Executive Committee of ARTS.
The disciplinary action and examination can
be started within at most 6 months from the date when the facts occurred or
when the harmful consequences are known.
4.2. Procedural rules
The complaint
regarding an ARTS member is made to the disciplinary committee. It will be
recorded only if it contains all the identification dates about the ARTS member
it refers to and all the petitioner identification dates and signature.
The complaint is
made personally or by mandate, or it can be send by mail with receiving
confirmation. The complaints made by fax or copies will not be registered.
After the
examination of the ARTS member against which the disciplinary action and
inquiry was started, the Honour Council establishes a decision with one of the
following solutions:
a)
the disciplinary action is
closed if the deed is not a disciplinary infringement
b)
applies one of the sanctions
mentioned in the Ethical Code
- Various stipulations
To respect the present Ethical
Code’s stipulations is a necessary condition to all ARTS members.
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