1.1 This Anti-Corruption Policy of the National Anti-Doping Laboratory (hereinafter referred to as the “the Policy”) is a document of the National Anti-Doping Laboratory, which defines the key principles and requirements aimed at preventing corruption and compliance with applicable anti-corruption regulations by the National Anti-Doping Laboratory, leading management, employees and other persons who may act on behalf of the National Anti-Doping Laboratory.
1.2 The Policy was developed in accordance with the legislation of the Republic of Belarus, the Charter and other internal documents of the National Anti-Doping Laboratory (hereinafter referred to as the Laboratory) taking into account the requirements of generally accepted principles and regulations of international law and international agreements.
1.3 The Policy was formulated taking into account the fact that in the Republic of Belarus and other countries of the world “corruption”, “corruption actions”, “corruption activities”, generally, are considered as giving or receiving bribes, mediating in giving or receiving bribes, abuse of official position or authority, commercial bribery, payments to facilitate the formalities, the illegal use of position by an official to obtain benefits in the form of money, valuables, other property, services, any rights for himself or for other persons or the illegal provision of benefits or rights to this person by other persons.
Obligations of leading management:
2. Policy objectives
2.1 The Policy reflects the commitment of the Laboratory and its management to high ethical standards and principles of open and honest business, as well as the desire of the Laboratory to maintain business reputation at the proper level.
2.2 In the field of anti-corruption policy the laboratory aimed to:
- minimize the risk of involving the Laboratory, members of competition commissions (other collegiate bodies of the Laboratory) and laboratory employees regardless of their position (hereinafter collectively referred to as “employees”) in corruption activities;
- form with counterparties, employees and other persons a uniform understanding of the Laboratory policy on rejection of corruption in all forms and manifestations;
- summarize and explain the main requirements of the anti-corruption legislation of the Republic of Belarus that can be applied to the Laboratory and employees;
- establish the obligation of the Laboratory staff to know and comply with the principles and requirements of this Policy, the key rules of the applicable anti-corruption legislation, as well as adequate procedures to prevent corruption.
3. Scope and obligations
3.1 All Laboratory employees must be guided by this Policy and strictly follow its principles and requirements.
3.2 The Director of the Laboratory is responsible for organizing all activities aimed at implementing the principles and requirements of this 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 this Policy apply to counterparties and representatives of the Laboratory, employees and to other persons in cases where the corresponding obligations are set in contracts with them, in their internal documents, or directly follow from legislation.
4. Applicable anti-corruption legislation
4.1 Anti-corruption legislation of the Republic of Belarus:
All laboratory staff must comply with the rules of anti-corruption legislation established in:
- The Law of the Republic of Belarus of 15 July 2015 No. 305-Z “On Combating Corruption”;
- The Law of the Republic of Belarus of 4 January 2014 No. 122-З “About bases of activities for prevention of offenses”;
- The Criminal Code of the Republic of Belarus;
- The Administrative Code of the Republic of Belarus;
- The Labor Code of the Republic of Belarus and other regulations, the main requirements of which are the prohibition of bribery, taking bribes, commercial bribery and mediation in bribery.
4.1.1 bribery prohibition, i.e. prohibition of giving or promising to provide any financial or other benefit/advantage with the intent to induce any person to fulfill his official duties in an inappropriate manner;
4.1.2 prohibition of taking bribes, i.e. prohibition of obtaining or consent to receive any financial or other benefit/advantage for the fulfilling of their official duties in an inappropriate manner;
4.1.3 prohibition of bribing foreign civil servants, i.e. prohibition of granting or promising to provide (directly or through third parties) to a foreign civil servant any financial or other benefit/advantage in order to influence the fulfilling of his official duties in order to gain/retain business or provide competitive or other benefits to a commercial organization;
4.1.4 the inability of a commercial organization to prevent a bribe from a person associated with it to another person on behalf of this commercial organization, i.e. if a commercial organization does not prove that it has adequate procedures to prevent bribery, this organization is responsible for giving a bribe by a person who provides services in the interests of a commercial organization or on behalf of it (for example, an agent, subsidiary, employee) in order to acquire or retain business, provide commercial and competitive advantages.
4.2 Accordingly, all the Laboratory employees are strictly prohibited, directly or indirectly, personally or through third parties to be involved in corrupt activities, offer, give, promise, ask and receive bribes or make payments to simplify administrative, bureaucratic and other formalities in the form of cash, values, services or other benefits, to any persons and from any persons or organizations, including commercial organizations, authorities and self-government bodies, civil servants, private companies and their representatives.
4.3 The Laboratory and its employees must comply with the generally accepted principles and regulations of international law and international agreements of the Republic of Belarus, anti-corruption laws of the Republic of Belarus, as well as the principles and requirements of the Policy in any country of the world.
5. Key principles
5.1 Leadership mission.
The Laboratory directors, deputy directors, heads of departments should form an ethical standard of irreconcilable attitude to any forms and manifestations of corruption at all levels by setting an example of their behavior and making all employees and counterparties familiar with the anti-corruption policy.
The Laboratory establishes the principle of non-acceptance of corruption in all forms and manifestations (the principle of “zero tolerance”) while carrying out daily activities and strategic projects, including in cooperation with investors, contractors, representatives of government, self-government, political parties, their employees and other persons.
5.2 Periodic risk assessment.
The Laboratory on a periodic basis identifies, examines and assesses the corruption risks that are characteristic for its activity in general and for individual areas in particular.
5.3 Adequate anti-corruption procedures.
The Laboratory develops and implements adequate procedures for the prevention of corruption, which are reasonably meet the identified risks, and controls their observance.
5.4 Counterparties check.
The Laboratory makes reasonable efforts to minimize the risk of business relations with counterparties that may be involved in corrupt activities. For this a test of counterparties' tolerance for bribery carries out, including check of their own anti-corruption procedures or policies presence, their willingness to comply with the requirements of this Policy and include anti-corruption conditions (clauses) in contracts, as well as to provide mutual assistance for ethical business and the prevention of corruption.
5.5 Informing and training.
The Laboratory posts this Policy freely available on the Laboratory server in the Informative system «Standard» and on the corporate website in the Internet, copies are available at workplaces in the required quantity. The Laboratory openly declares non-acceptance of corruption, welcomes and encourages compliance with the principles and requirements of this Policy by all counterparties, their employees and other persons.
The Laboratory facilitates increasing of anti-corruption culture level through informing and systematic training of employees in order to maintain their knowledge of Laboratory’s anti-corruption policies and mastering the methods and techniques of applying anti-corruption policies in practice.
5.6 Monitoring and control.
Due to the possible change in time of corruption risks and other factors affecting economic activity, the Laboratory monitors the implemented adequate procedures to prevent corruption, controls their observance, and, if necessary, revises and improves them.
6. Gifts and hospitality expenses
6.1 Gifts that employees on behalf of the Laboratory may provide to other persons and organizations, or gifts that employees may receive from other persons and organizations in connection with their work in the Laboratory, as well as hospitality expenses, including expenses for business hospitality and promotion of the Laboratory that employees on behalf of the Laboratory may carry, must simultaneously meet the five criteria specified below:
6.1.1 They should be directly related to the legitimate goals of the Laboratory, for example, the presentation or completion of business projects, the successful execution of contracts, or with national holidays and anniversaries;
6.1.2 They should be reasonablе, commensurate and should not be luxury;
6.1.3 They should not be a hidden reward for a service, action, inaction, connivance, patronage, granting rights, making a certain decision about a transaction, agreement, license, permit, etc. or attempt to influence the recipient with a different illegal or unethical purpose;
6.1.4 They should not create a risk to the reputation of the Laboratory, employees and other persons in the case of information disclosure about gifts or hospitality expenses;
6.1.5 They should not contradict the principles and requirements of this Policy, other internal documents of the Laboratory and regulations of applicable law.
6.2 Gifts on behalf of the Laboratory, its employees and representatives to third parties in the form of cash and non-cash regardless of currency are not allowed.
7. Charity and Sponsorship
7.1 The Laboratory implements a unified charity policy aimed at creating the image of socially responsible establishment. The Laboratory does not finance charity and sponsorship projects in order to gain commercial advantages in specific projects.
8. Involvement in political activities
8.1 The Laboratory does not finance political parties, organizations and movements in order to gain commercial advantages in specific projects.
9. Interaction with civil servants
9.1 The Laboratory refrains from paying any expenses for civil servants and their close relatives (or in their interests) in order to gain commercial advantage in specific projects of the Laboratory, including expenses for transportation, accommodation, food, entertainment, PR campaigns, etc. or obtaining other benefits at the expense of the Laboratory.
10. Interaction with employees
10.1 The Laboratory demands from its employees to comply with this Policy, informs them about the key principles, requirements and sanctions for violations and includes them in the duties of the Laboratory employees.
10.2 The Laboratory organizes safe, confidential and accessible means of informing the management (“Hotline”, “Helpline”) about the facts of bribery by persons providing services in the interests of a commercial organization or on behalf of it. Via the “Hotline,“ Helpline ”, the Laboratory management may receive suggestions for improving anti-corruption procedures and control, as well as requests from employees and third parties.
10.3 In order to form an appropriate level of anti-corruption culture, introductory training on the provisions of this Policy and related documents is conducted with new employees, and regular intramural and/or distance informational seminars are held for existing employees.
10.4 Compliance by the Laboratory staff with the principles and requirements of this Policy is taken into account when forming personnel reserve for promotion to higher positions, as well as imposing disciplinary actions.
11.1 The establishment makes reasonable efforts to ensure that its counterparties also comply with the fundamental principles and requirements of this Policy.
12. Interaction with intermediaries and other persons
12.1 The Laboratory and its employees are prohibited from involving or using intermediaries, partners, agents or other persons, counterparties to perform any actions that contradict the principles and requirements of this Policy or the regulations of applicable anti-corruption legislation.
12.2 The Laboratory ensures that there are procedures for checking intermediaries, partners, agents, joint companies and other persons to prevent and/or detect the violations described above in order to minimize and suppress the risks of involving the Laboratory in corruption activities.
13. Maintaining account books and records
13.1 All financial transactions must be accurately, correctly and with a sufficient level of detail reflected in the account books, documented and available for inspection.
13.2 The Laboratory has appointed employees who are responsible under the current legislation of the Republic of Belarus for the preparation and submission of complete and accurate financial reports in terms established by applicable law.
13.3 Distortion or falsification of bookkeeping is strictly prohibited.
14. Deficiency alert
14.1 Any employee or other person in case of doubts about the legality or compliance of their actions , as well as actions, omissions or suggestions of other employees, counterparties or other persons who interact with the Laboratory with the goals, principles and requirements of the Policy can report about this to “Hotline”,“ Helpline”, or to its direct supervisor and/or to an authorized body (authorized person), who, if necessary, will provide recommendations and explanations regarding this situation.
15. Renouncement of response measures and sanctions
15.1 The Laboratory declares that no employee will be subject to sanctions (including dismissed, demoted, deprived of bonuses) if he reported about alleged corruption or if he refused to give or receive a bribe, make a commercial bribery or mediate in bribery, including if a loss of profit occurred in the Laboratory or commercial and competitive advantages were not obtained as a result of such a refusal.
16. Audit and control
16.1 The Laboratory regularly conducts an internal audit of financial and economic activities, monitoring of completeness and accuracy of the data reflected in the accounting records and compliance with the requirements of the applicable laws and internal regulatory documents of the Laboratory, including the principles and requirements established by this Policy.
17.1 At its meetings the National Anti-Doping Laboratory's Anti-Corruption Commission reviews the reports about the work on ensuring the compliance of the Laboratory and its employees with the principles and requirements of this Policy and the regulations of the applicable anti-corruption legislation.
18. Responsibility for non-compliance (improper execution) of this Policy
18.1 The Director of the Laboratory, Deputy Director, heads of departments, as well as other employees of all Laboratory departments, regardless of their position, are responsible under the current legislation of the Republic of Belarus for compliance with the principles and requirements of this Policy, as well as for actions (inaction) of persons subordinated to them, which violate these principles and requirements.
18.2 The Laboratory for each reasonably justified suspicion or the established fact of corruption will initiate official investigations within the limits allowed by applicable law.
18.3 Persons guilty in violating the requirements of this Policy may be brought to responsibility on the initiative of the Laboratory, law enforcement agencies or other persons in the manner and on the grounds stipulated by the legislation of the Republic of Belarus, the Laboratory Charter, local regulations and the Labor Agreements (Contracts) of the Laboratory.