1. THE PURPOSE OF THE DOCUMENT
1.1. The present Anti-Corruption Policy (hereafter - Policy) is a core document of WPK Company (hereafter - Company), defining the key principles and requirements aimed at the prevention of corruption and the observance of the standards of the effective anti-corruption legislation by the Company, its divisions, employees and other persons who may act on behalf of the Company.
1.2. The Policy was prepared in accordance with the legislation of the Republic of Kazakhstan, the Charter and other internal documents of WPK Astana LLP, taking into account the requirements of the RoK Law "On Anti-Corruption Efforts" (No.267-I dated 02.07.1998). 2. THE PURPOSE OF THE POLICY
2.1. The Policy reflects the commitment of the Company and its management to the high standards of transparent and fair business conduction for improving the corporate culture, following the best practices of corporate management and sustaining the business reputation of the Company at the appropriate level.
2.2. The Company sets the following goals:
3. APPLICATION AND OBLIGATIONS
- to minimize the risk of the Company and its employees', notwithstanding the position in the Company (hereafter referred to as the Employees), being involved in corrupt activity.
- to form the uniform understanding of contracting parties, the Employees and other persons of the Company's policy on the non-acceptance of any form and display of corruption.
- to generalize and explain the main requirements of the anti-corruption legislation of the Republic of Kazakhstan that can be applied to the Company and the Employees.
- to set the obligation for the Employees of the Company to know and observe the principles and the requirements of the present Policy, the key norms of the applied anti-corruption legislation, as well as the adequate procedures for preventing corruption.
3.1. All Employees of the Company shall follow the present Policy and strictly observe its principles and requirements.
3.2. The top executive of the Company shall be responsible for the organization of all measures aimed at the realization of the principles and requirements of the present Policy, including the appointment of persons responsible for the development of anti-corruption procedures, their implementation and control.
3.3. The principles and requirements of the present Policy are applied to the contracting parties and the representatives of the Company, as well as other persons, when such obligations are stipulated in the contracts with them, in their internal documents or resulting directly from the law. 4. THE APPLIED ANTI-CORRUPTION LEGISLATION 4.1. The Anti-Corruption Legislation of Kazakhstan:
the Company and all Employees shall observe the norms of the RoK Law "On Anti-Corruption Efforts" (No.267-I dated 02.07.1998), the main requirements of which are:
- bribery prohibition, i.e. a provision or promise to provide any financial or another benefit/advantage with the intention of making any person fulfill his/her job duties improperly;
- prohibition of bribe acceptance, i.e. accepting or agreeing to accept any financial or other benefit/advantage for the improper fulfillment of job duties;
- prohibition of corrupt payments to state officials, i.e. a provision or a promise to provide (directly or through any third parties) to a state employee any financial or other benefit/advantage with the purpose of influencing his/her performance of official duties for receiving/ensuring competitive or other advantages for a commercial organization;
- prohibition of connivance in bribery, i.e. non-availability in the commercial organizations of the adequate procedures for the prevention of the giving or accepting bribes by persons connected with such organization for the acquisition or sustenance of a business, for ensuring any commercial and competitive advantages.
Taking into account the abovementioned, all Company Employees are strictly forbidden to participate directly or indirectly, personally or through any third parties, in any corrupt activities, to offer, give, promise, ask and accept bribes or make payments for facilitating any administrative, bureaucratic and other formalities in any form, including, in the form of cash, valuables, services or other benefits to any persons and from any persons and organizations, including commercial organizations, government and public authorities, state employees, private companies and their representatives. 5. KEY PRINCIPLES 5.1. The Mission for the Top Management:
The directors, managers and top executives of the Company shall form the ethical standard of intolerance to any forms or displays of corruption at all levels, thus, setting an example through their own conduct. The principle of intolerance to any forms and displays of corruption ("zero tolerance" principle) is set in the Company for all routine operations and strategic projects, including interactions with shareholders, investors, contracting parties, and representatives of the state authorities. 5.2. Adequate Anti-Corruption Procedures:
The Company develops and implements adequate procedures for the prevention of corruption that are reasonable for the detected risks and controls their observance. 5.3. Inspection of Contracting Parties:
The Company applies all reasonable efforts for minimizing the risk of business relations with contracting parties that can be involved in corruption activities. For this, the assessment of the contracting party's tolerance towards bribery is conducted, including the inspection of the availability of their own anti-corruption policies and procedures, their readiness to observe the requirements of the present Policy and include anti-corruption clauses in their contracts, as well as to render mutual assistance for ethical business conduction and prevention of corruption. 5.4. Informing and Trainings:
The Company publishes the present Policy on its corporate website with free access, openly declaring its intolerance towards corruption, welcoming and encouraging the observance of the principles and requirements of the present Policy by all contracting parties, its Employees, and assists in improving the level of anti-corruption culture by way of information provision and training. 6. GIFTS AND REPRESENTATION EXPENSES
6.1. The gifts and representation expenses, including expenses on business hospitality, that Employees may give on behalf of the Company to other persons or organizations, or that Employees may receive in connection with their job in the Company from other persons and organizations, shall correspond to the following criteria:
- shall be directly connected with the legal purposes of the Company's operations, for example, with the presentation or conclusion of a business project, arranging conferences, successful fulfillment of contracts, or with such public holidays as Christmas, New Year, International Women's Day, memorable dates, anniversaries;
- shall be reasonably justified, ratable and shall be luxury;
- shall not be a disguised compensation for services, an action, failure to act, connivance, protection, provision of rights, making a particular decision on a transaction, agreement, permit, etc. and shall not be an effort for influencing a receiving part with other illegal or unethical purpose;
- shall not create any reputation risk for the Company, the Employees and other persons, in case of disclosing information on gifts or representation expenses;
- shall not contradict to the principles and requirements of the present Policy, the Code of Ethical Conduct, other internal documents of the Company and the standards of applicable legislation.
6.2. Gifts in the form of souvenirs (inexpensive goods) with the symbols of the Company presented at exhibitions, open presentations, forums and other representation and marketing events, in which the Company participates officially, are allowed and are considered as image materials.
6.3. Gifts on behalf of the Company, its Employees and representatives of third parties in the form of monetary funds, cash or non-cash, in any currency are not allowed. 7. INTERACTIONS WITH THE STATE EMPLOYEES
7.1. The Company refrains from payment of any expenses for state employees and their close relatives (or in their interests) for obtaining any commercial advantages in particular projects of the Company, including expenses for transportation, accommodation, meals, entertainment, PR campaigns, etc., or any other benefits received at the Company's expense. 8. INTERACTIONS WITH THE EMPLOYEES
8.1. The Company requests that all its Employees to comply with the present Policy by informing them of the key principles, requirements and sanctions, in cases of violations.
8.2. The observance by the Employees of the Company of the principles and requirements of the present Policy is taken into account when forming the staff reserve for promotions and for imposing disciplinary penalties. 9. RESPONSIBILITY FOR FAILURE TO OBSERVE (IMPROPER OBSERVANCE) THE PRESENT POLICY
9.1. The Directors, Managers and Employees of the Company, notwithstanding their position in the Company, shall be personally responsible for observing the principles and requirements of the present Policy, as well as for acts (failure to act) of their subordinates violating such principles and requirements.
9.2. Due to the fact that the sanctions can be applied to the Company for the participation of its Employees or contracting parties in corruption activities, official investigations within the limits permitted by the applicable legislation shall be initiated on the basis of any reasonably justified suspicion or a detected fact of corruption.