“Dori-Darmon” JSC Anti-Corruption Policy
Chapter 1: General Rules
- to achieve the complete eradication of corruption in the company and its structural organizations;
- increase legal consciousness and legal culture of employees in the industrial, commercial and trade spheres, to form in the society an intolerant attitude towards corruption;
- analysis of the effectiveness of the anti-corruption control system in the use of budgetary funds, debts of international organizations and foreign countries and public procurement;
- implementation of measures to prevent corruption in all areas of activity of the company and its structural organizations;
- timely detection of corruption offenses, their elimination, elimination of their consequences, causes and preconditions that lead to them, ensuring the principle of inevitability of responsibility for corruption offenses.
Good faith reporting of violations of anti-corruption requirements - an appeal by an employee of the company and its structural organizations certifying the validity of a corruption offense (attempted) through authorized channels of communication;
counterparty (contract partner) - any legal entity or individual who enters into a contractual relationship (with the exception of labor relations) with the company and its structural organizations;
Corruption is the unlawful use by a person of his position or office for the purpose of obtaining a material or non-material benefit for his personal benefit or the benefit of others, as well as the unlawful use or granting of this benefit;
corrupt practices - the action or inaction of an employee in the interests of the briber, directly or indirectly, personally or through third parties, to receive, demand, offer, promise and provide bribes, other property, property services, other property rights, as well as to mediate and (or) receive bribes, receive payments to simplify formalities, receive bribes by an employee or illegally use their official position for other purposes;
corruption offence - an act that has signs of corruption, for which the legislation of the Republic of Uzbekistan provides for liability;
anti-corruption system - a set of measures to eliminate corruption violations of the current legislation and internal documents used, ensuring a high level of professional and ethical activity of employees of the Company and its structural organizations;
corruption risks - the likelihood and risk of corruption acts committed by employees of the company and its structural organizations or by third parties on behalf of the company and its structural organizations and (or) in their interests;
conflict of interest - a situation in which a personal (direct or indirect) interest of an employee of the Company and its structural organizations affects or may affect the proper performance of his or her official duties, and in which a conflict arises or may arise between the interests of the Company and its structural organizations and the personal interest of the employee;
facilitation payments - money, property, property rights, services and other tangible or intangible benefits that are illegally given to ensure or accelerate the implementation of established procedures, to perform actions not provided for by the relevant legislation, rules and regulations;
personal interest of an employee - the possibility of personal benefit of an employee of the Company and its structural organizations in the form of money, tangible or intangible values, other property, wealth and benefits (personal, social, financial, political and other commercial and non-commercial interests) in performing their official or official duties at the proper level, which may be influenced by a close relative or related persons;
employee - a person who has entered into an employment relationship with the company;
close relatives are parents, siblings, husband (wife), children, including stepchildren, grandparents, grandchildren, and parents of husband (wife);
Chapter 2: Basic Principles of Fighting Corruption
legality - measures to combat corruption in the Company and its structural organizations are carried out in accordance with the requirements of the legislation of the Republic of Uzbekistan, taking into account internationally recognized practices of combating corruption in government agencies, as well as in accordance with established internal documents of the Company system;
intolerance to corruption - the company and its structural organizations react irreconcilably to any forms and manifestations of corruption in all areas of their activities. Employees of the company and its structural organizations are prohibited from directly or indirectly participating in activities in which corruption risks may arise;
openness and transparency - informing employees and counterparties of the company and its structural organizations, the general public about the measures taken and implemented in the field of combating corruption in the company system;
prevention, systematization and interdependence of anti-corruption measures - the company and its structural organizations prioritize the implementation of preventive measures aimed at eliminating the causes and conditions conducive to corrupt behavior and corruption risks. Measures and procedures implemented to combat corruption correspond to the identified level of risks and are integrated into an integrated anti-corruption system across all functions and areas of the company and its structural organizations;
inevitability of liability for corruption-related offenses - employees of the company system who have committed corruption-related offenses shall be held liable in accordance with internal company documents and applicable laws, regardless of their status and position;
to create an anti-corruption system, the Company strives to use the latest scientific achievements, including integrated information systems;
direct contact with management - every employee of the Company's system can freely contact the Chairman of the Management Board to take the established measures if there is reliable and substantiated information about the commission of corruption offenses;
interaction with representatives of civil society - the company and its structural organizations engage representatives of civil society in order to independently monitor their activities on the basis of honesty, impartiality and independence in the performance of their functions;
continuous improvement of the anti-corruption system - based on the results of monitoring and control of the anti-corruption system and the implementation of corruption risks, the labor and economic organizations take measures to continuously strengthen the effectiveness of anti-corruption fight in the Company system.
Chapter 3: Elements of an Anti-Corruption System
11. The following are the main elements of the anti-corruption system in the company and its organizations:
a) Availability of basic internal documents on combating corruption, i.e. the basis of the anti-corruption system of the Company and its structural organizations:
- anti-corruption policy;
- ethical rules of employees of the “Dori-Darmon” JSC and its structural organizations;
- forms the principles and requirements reflected in the regulation on the management of conflicts of interest in the “Dori-Darmon” JSC system;
b) “Top-down attitude” - a model of leadership at a high level:
Managers of the Company, as well as heads of structural subdivisions of organizations subordinate to the Company, must set an example of honest, fair and independent behavior in their relations with subordinates, citizens and legal entities;
Chairman of the Board, Deputy Chairman, heads of subordinate organizations show leadership in creating and implementing an effective anti-corruption system through:
- facilitating the activities of the company and its structural organizations by introducing effective measures and procedures to combat corruption in functions (areas) of risk, including the development of an anti-corruption program and monitoring its implementation;
- within the framework of fulfilling their career obligations, forming an uncompromising attitude towards all forms and manifestations of corruption among employees of the company and its structural organizations, compliance with the law and adopted internal documents, demonstration of personal examples of ethical behavior;
- depending on the nature of the functions of the company and its structural organizations, organizational structure, interaction with society and other persons, as well as other internal and external factors, corruption risks inherent in its activities are identified and assessed;
- as part of the identification and assessment of corruption risks, all areas of the company and its structural organizations are analyzed to identify the functions that are more common to corruption risks, all forms and procedures of anti-corruption controls present in them are studied in terms of their sufficiency to reduce the identified risks. In the process of risk identification and assessment, the company system is actively supported by the anti-corruption service “Compliance Control”, supervised by the relevant managers of the company and its structural organizations, the persons coordinating the fight against corruption;
Given the Company's “zero tolerance” for corrupt practices, the Company recognizes the need to manage them regardless of the likelihood and degree of exposure to corruption risks;
Corruption risks are assessed at least once a year, and the results of the assessment are reviewed by the Chairman of the Management Board.
In addition, anti-corruption measures and procedures that mitigate identified risks are reflected in the Company's anti-corruption programs.
d) persons and units responsible for combating corruption:
In order to create an effective anti-corruption system, a separate structural unit was created within the Company, which is responsible for the process of formation and control of the anti-corruption service “Compliance Nazorat”;
The Compliance Control Service has sufficient independence and significant resources in the implementation of the Company's anti-corruption objectives, reports directly to the Chairman of the Management Board and operates in accordance with the Chairman's approved Regulations on the Compliance Control Service to Combat Corruption in the “Dori-Darmon” JSC;
To coordinate and monitor the effective and timely implementation of anti-corruption measures, anti-corruption coordination functions may be assigned to positions authorized in territorial and local organizations. The functions of coordination of anti-corruption are assigned to an employee of the “Dori-Darmon” JSC, which does not have a high level of corruption risk in the combined enterprises and organizations of the Company, and is sufficiently independent;
The anti-corruption coordinators of the enterprises and organizations united in the “Dori-Darmon” JSC system take measures to eliminate corruption, while at the same time cooperating with the “Compliance Control” Service as part of their assigned tasks;
In carrying out anti-corruption measures, personnel responsible for personnel work of the Company and its structural organizations will be responsible for the timely and systematic collection, analysis and updating of information about employees and close relatives of related persons in the prescribed manner and amount, and in accordance with legislative and regulatory documents of the Republic of Uzbekistan and the Regulations on conflict management;
e) anti-corruption measures that minimize identified corruption risks:
- The company implements an anti-corruption system in the areas of corruption risks in its operations and compliance functions, which includes a general control environment and anti-corruption controls and procedures.
- The company strives to control the fight against corruption and ensure the effectiveness of procedures, including their proportionality to the level of risks identified, rigor and accuracy for employees of the company and its structural organizations, and transparency for civil society;
- the measures to be taken, as well as controls and procedures to combat corruption, are reflected in the plan of the anti-corruption program of the Company and its structural organizations, and are defined in the relevant internal documents;
(e) informatization, communication and consultancy:
- in order to reduce corruption risks and increase public awareness of the Company's anti-corruption principles and requirements, key information about the anti-corruption Policy and the Company's anti-corruption measures will be posted on their official websites.
In addition, the Company's anti-corruption service takes all reasonable steps by informing and explaining to the Company's employees and other interested parties the rules of applicable law and the principles and requirements that have been introduced to combat corruption:
- continuous and systematic training of employees of the Company and its structural organizations in the basics of combating corruption at least once a year, including training of newly hired employees in mandatory anti-corruption courses combined with the implementation of this anti-corruption policy and other internal anti-corruption documents on a mandatory basis;
- conduct anti-corruption events using topical audio and video materials and other information aimed at raising the awareness of employees of the Company and its structural organizations and citizens about the measures taken to form an uncompromising attitude towards corruption and to combat corruption;
- detailed information about corruption offenses committed by employees of the Company and its structural organizations, suspicions or facts, corruption risks, etc. (methods by which corruption can be reported) provide the channels of communication that can be reported under Chapter 4 of this Anti-Corruption Policy;
- applying the provisions of the Anti-Corruption Policy or the Compliance Control service to advise Company employees when issues arise related to the implementation of anti-corruption measures and procedures by the Anti-Corruption Coordinator;
- inclusion of anti-corruption norms in the employment contracts of employees of the company and its structural organizations;
- conduct anti-corruption propaganda by a person responsible for combating corruption in accordance with the approved plan;
- informing counterparties of the requirements and principles adopted to combat corruption, including the inclusion of special anti-corruption clauses in contracts concluded with them;
d) monitoring, control and reporting:
Compliance Control assesses the adequacy, proportionality and effectiveness of measures taken to combat corruption in the company system and monitors them on an ongoing basis.
Based on the results of the monitoring, the company and its organizations will take appropriate measures to improve the anti-corruption system.
The following monitoring and control procedures are implemented in the company and its structural organizations:
- analysis of the impact of changes in the activities and functions of the company and its structural organizations, changes in their organizational and functional structure and other internal and external factors on the anti-corruption system in the company, the need to make changes to this system, including ensuring its compliance with applicable laws;
- monitoring of functions and internal processes in the company's system on a competitive basis to ensure the reliability and effectiveness of the anti-corruption system in accordance with the approved plan;
- control over compliance with anti-corruption requirements by employees of the company and its structural organizations in the process of internal and external investigations;
- monitor the timely and proper implementation of anti-corruption measures assigned to the coordination and other structural units of the Compliance Control anti-corruption service;
- the results of measures to control and monitor the anti-corruption system are reflected in the annual reports of the Chairman of the Management Board, the Supervisory Board and the heads of organizations within the Company.
h) responding to offenses and bringing perpetrators to justice:
- Compliance with the anti-corruption policy and observance of anti-corruption measures in the company system is mandatory for each employee as part of his or her job duties. Employees are personally liable for violations of established requirements and procedures. In addition, direct supervisors are considered personally responsible for corruption offenses committed by their subordinate employees;
- company employees who violate the established requirements and principles of combating corruption shall be subject to disciplinary, administrative or criminal liability in accordance with the procedure established by the legislation of the Republic of Uzbekistan;
- employees are obliged to report directly to Compliance Control any appeals from persons who induce them to commit corruption-related offenses, as well as any facts of corruption-related offenses committed by other employees that are known to them;
- taking into account the principle of zero-tolerance to corruption, in the company system, in-house inspections of any reasonable suspicions of company employees related to the commission of corruption offenses are conducted in accordance with the legislation of the Republic of Uzbekistan and in accordance with the procedure established by internal documents.
- employees who violate the norms of anti-corruption legislation and (or) anti-corruption policy and other internal documents of the Company, the requirements and procedures established by legislative acts, regardless of their position, length of service and other factors, shall be held liable within the framework of the requirements provided by the legislation of the Republic of Uzbekistan;
- if corruption violations are identified, the company will analyze the causes and preconditions for their occurrence and continuously improve the anti-corruption system;
- The company cooperates with other law enforcement and government agencies to detect and investigate corruption offenses.
Chapter 4: Key Areas of the Fight Against Corruption
1. Managing conflicts of interest
A conflict of interest arises when employees may affect the proper and impartial performance of their official duties, including impartial decision-making, as well as the rights, legitimate interests, property and/or prestige of labor and community organizations.
2. Gifts and signs of hospitality in the process
14. Employees of the Company are prohibited from receiving material assistance from individuals and legal entities in the form of any gifts or hospitality in the course of their employment, incentives in the form of debt, guarantees, sureties, gratuities, cash or their equivalent - securities - in the processes associated with the performance of their official duties.
15. All gifts received by the Company's employees as part of official delegations, at official events, including those abroad, regardless of their amount, shall be transferred to the Company.
16. Gifts given to company employees on holidays related to their personality (birthdays, birthdays of children, Motherland Defender's Day, International Women's Day, etc.) not related to the performance of official duties shall be recognized as gifts related to the employee's personality.
17. Such gifts must be presented in the presence of at least three employees of the company and its subsidiaries, and the gift-giving process must be accompanied by a congratulatory speech in which the event giving rise to the gift must be clearly expressed.
18. For the avoidance of doubt, it is prohibited to receive any gifts and other tangible assets (on, but not limited to, birthdays, birthdays of children, Defender of the Motherland Day, International Women's Day, etc.) from other individuals and legal entities not specified in Clauses 15 and 16 of this Anti-Corruption Policy, as well as other gifts and other tangible assets specified in Clause 14 of this Anti-Corruption Policy.
19. Gifts on behalf of the Company at international conferences, symposiums and other business (official) meetings shall be given on the basis of a cost estimate by order of the Chairman of the Management Board (or his deputy).
20. In any case of suspicion of the legality of receiving a gift, a Company employee should seek advice from Compliance Control.
3. Selecting employees, transferring to another position and financial incentives
21. The process of selecting company employees, certifying them and evaluating their performance, including the payment of bonuses, allowances and other types of remuneration, is transparent, equal and impartial with respect to all employees, in accordance with the basic principles and requirements of this Anti-Corruption Policy.
22. It is necessary to develop a procedure and criteria for evaluating the key performance indicators of the Chairman of the Company, as well as other managers, which will serve as the basis for their bonuses. These indicators should be unbiased, transparent and can be reviewed by the Company's employees.
4. Conducting studies and research on the activities of enterprises and organizations united by the Company
23. When conducting investigations in the Company and its structural organizations (hereinafter referred to as “Investigation Objects”), as well as studying their activities, the authorized employees of the Company shall:
- avoid conflicts of interest;
- not to conduct a study by one employee (individually);
- not to distort the norms of law, using the illiteracy of representatives of the object of study to falsify possible offenses, not to frighten the employees of the object of study by providing the revealed facts to law enforcement agencies;
- Do not threaten the employees of the facility under study;
- not be interested in matters that are not the subject of the studies, and do not ask for their documents;
- A legitimate and professional evaluation by an authorized employee of the company of each case of wrongdoing uncovered in the course of investigations;
- If representatives of the object of study offer bribes and/or any material values or services to the authorized employees of the Company to conceal the violations identified, they must immediately notify the head of the inspection team;
- The Company's authorized employees have an obligation to be impartial with respect to the representatives of the subject of the study in accordance with the principles of ethical conduct.
5. Interaction with counterparties and third parties
25. The Company and its constituent organizations shall not engage product suppliers, contractors or other third parties to make any payments and/or similar actions causing corruption risk that contradict the principles and requirements of this Anti-Corruption Policy.
26. The Company and its constituent organizations adhere to the principles of legality and transparency in carrying out their activities in their relations with counterparties. The Company and its structural organizations are based on the use of objective selection criteria, provide a truthful, open and transparent process for selecting suppliers of products, contractors and other contractors, as well as a transparent procedure for determining the price of purchased products, regulated by the current legislation of the Republic of Uzbekistan and internal documentation of the Company system.
27. The company and its structural organizations in interaction with the counterparty:
- with a high probability check the reliability of the counterparty, including the fact that in the past he committed corruption offenses, Companies in accordance with the regulations on public procurement and within the norms of the legislation of the Republic of Uzbekistan check the absence of conflict of interest with the employees of its system;
- informs the counterparty (competitor, tender winner and direct contract procurement counterparty) with a high probability of its anti-corruption principles and requirements by adding special anti-corruption conditions to the text of the contracts concluded with them.
6. Charity and sponsorship activities
28. The company may accept charitable and sponsorship donations in the cases stipulated by law. In the process of receiving such aid, the company must not allow conflicts of interest, ensure the efficient spending of funds for the purposes established by law and (or) the contract, and if possible, take all measures to highlight on its official sites on the Internet.
7. The “Mystery Client” event
29. To determine the quality and speed of public services provided by the Company, as well as the propensity to commit corruption offenses, independent organizations, selected through a fair and open competition, conduct separate control activities as actual recipients of services. Independent organizations involved in the process of providing public services determine the quality, timing, conditions of such services, as well as the established ethics of the Company's system employees, including the employee's propensity to receive bribes.
30. Review reports on “mystery client” activities carried out at the Company and take the initiative to schedule an internal review if a risk of corruption is detected.
8.Video recording and broadcasting the activities of the company and its structural organizations
31. To monitor the activities of the Company's employees, video and audio cameras are placed in the buildings and offices owned by the Company and its structural organizations, the recordings of which are constantly monitored by the responsible employees of the Company.
32. Certain processes with a high risk of corruption will be posted on the official websites of the Company and its structural organizations (in particular, employee interviews and testing, commission meetings, etc.).
9. Anti-corruption expertise of internal documents
33. When conducting a legal review of internal documents, an examination is also conducted to prevent, identify and exclude the occurrence of corruption factors that make the commission of corruption offenses in documents possible.
10. Advising employees of the company and its structural organizations
34. Employees of the Company and its structural organizations may contact the Compliance Control Service if there are any questions related to the requirements of applicable anti-corruption laws, the rules of this Anti-Corruption Policy or other measures and procedures related to combating corruption in the Company.
Chapter 5. Reporting corruption offenses
- the helpline number and other telephone numbers established by the company and its structural organizations;
- forms posted on the official websites of the Company and its structural organizations;
- e-mail address of the Company and its structural organizations;
- directly to law enforcement agencies.
- the company cannot contact the complainant to respond to their message;
- the company and its structural organizations are unable to conduct a full and comprehensive verification of the communication due to the lack of possibility to obtain the necessary additional information.
- Lack of additional information necessary to conduct a full and comprehensive study;
- Intentional submission of false information by an employee of the company and its structural organizations is considered a violation of this anticorruption policy and an example of immoral behavior, and such person may be held liable in accordance with the legislation of the Republic of Uzbekistan and internal documents of the company.
Chapter 6. The procedure for revising and amending
- when the legislation of the Republic of Uzbekistan in the field of combating corruption changes, causing the need to revise existing anti-corruption policies and procedures;
- when ineffective anti-corruption controls and procedures are identified and when there is a need to improve measures aimed at preventing and counteracting corruption in the Company's operations;
- when the organizational structure of the Company's system and the specifics of its functions change, etc.