Qanysh Satpaev
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THE ANTI-CORRUPTION POLICY
OF QANSAT ENERGY LLP
OF QANSAT ENERGY LLP
1. Purpose of the document
1.1 This Anti-Corruption Policy (hereinafter as the "Policy") is a document of QANSAT ENERGY LLP (hereinafter as the "Company") defining key principles and requirements aimed at prevention of corruption and compliance with applicable anti-corruption laws by the Company, members of management bodies, employees and other persons who may act on behalf of the Company.
1.2 The Policy is developed in accordance with the legislation of the Republic of Kazakhstan, the Charter, and other internal documents of the Company, taking into account the requirements of generally recognized principles and norms of international law and international agreements.
1.3 The Policy is formulated taking into account the fact that in Kazakhstan and other countries of the world "corruption", "corrupt practices", "corrupt activities" will generally be considered as giving or receiving bribes, mediation in giving or receiving bribes, abuse of official position or authority, commercial bribery, payments to simplify formalities, illegal use by an official of his/her position to obtain benefits in the form of money, valuables, other property, services, any rights for himself/herself or for other persons.
2. Objectives of the Policy
2.1 The policy reflects the commitment of the Company and its management to high ethical standards and the principles of open and honest business conduct, as well as the Company's desire to maintain its business reputation.
2.2 The Company's objectives are to:
- Minimize the risk of involvement of the Company, the CEO and the Company's employees regardless of their position (collectively, "Employees") in corrupt activities.
- To create a uniform understanding of the Company's policy of rejection of corruption in any form or manifestation among counterparties, employees, workers and other persons.
- To establish the obligation of the Company's employees to know and comply with the principles and requirements of this Policy, key norms of applicable anti-corruption laws, as well as adequate corruption prevention procedures.
3. Scope and Responsibilities
3.1 All Company employees shall be guided by this Policy and shall strictly comply with its principles and requirements.
3.2 The principles and requirements of this Policy apply to counterparties and representatives of the Company, employees, as well as other persons, in cases where the relevant obligations are stipulated in contracts with them, in their internal documents, or directly arising from the law.
4. Applicable anti-corruption legislation
4.1 Kazakhstan anti-corruption legislation: employees shall comply with the norms of Kazakhstan anti-corruption legislation established, among others, by the Criminal Code of the Republic of Kazakhstan, the Code of Administrative Offenses of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Combating Corruption" and other regulations.
4.2 The generally recognized principles and norms of international law, the main requirements of which are formulated as:
4.2.1. prohibition of bribery, i.e. giving or promising to give any financial or other benefit/benefit with the intent to induce any person to perform his/her official duties improperly;
4.2.2. prohibition of bribery, i.e. receiving or agreeing to receive any financial or other benefit/advantage for the improper performance of one's official duties;
4.2.3. prohibition of bribery of public officials, i.e. providing or promising to provide (directly or through third parties) to a public official any financial or other benefit/advantage in order to influence the performance of his/her official duties in order to obtain/retain business or to secure competitive or other advantages for a commercial organization;
4.2.4. failure by a business organization to prevent an associated person from bribing another person on behalf of that business organization, i.e., if the business organization fails to demonstrate that it has adequate procedures in place to prevent bribery, the business organization is liable for bribery by a person who performs services for or on behalf of the business organization (e.g., agent, subsidiary, employee) in order to acquire or retain business, to secure commercial and competitive advantage, or to pay a bribe to a person who provides services for or on behalf of the business organization.
4.3 In view of the above all Company employees are strictly prohibited, directly or indirectly, personally or through third parties, from engaging in corrupt practices, offering, giving, promising, requesting and receiving bribes or making payments to facilitate administrative, bureaucratic and other formalities in any form, including in the form of money, valuables, services or other benefits, to or from any person or organization, including commercial organizations, authorities and local governments, public officials, employees, employees of the Company or any other person or organization.
4.4 The Company and its employees shall comply with generally recognized principles and norms of international law and international treaties of the Republic of Kazakhstan, anti-corruption laws of the Republic of Kazakhstan, as well as the principles and requirements of the Policy, in any country of the world.
5. Key principles
5.1 Mission of top management
The General Director of the Company and his deputies in the areas of activity should form an ethical standard of irreconcilable attitude to any form and manifestation of corruption at all levels, setting an example by their behavior and familiarizing all employees and counterparties with the anti-corruption policy.
5.2 Adequate anti-corruption procedures
The Company develops and implements adequate anti-corruption procedures that reasonably respond to identified risks and monitors compliance with them.
5.3 Verification of counterparties (business partners)
The Company makes reasonable efforts to minimize the risk of business relations with counterparties that may be involved in corrupt activities, for which purpose it checks the tolerance of counterparties to bribery, including checking whether they have their own anti-corruption procedures or policies, their willingness to comply with the requirements of this Policy and to include anti-corruption clauses in contracts, as well as to provide mutual assistance for ethical business conduct and corruption prevention.
5.4 Information and training
The Company makes this Policy freely available on its corporate website, openly declares its opposition to corruption, welcomes and encourages compliance with the principles and requirements of this Policy by all counterparties, its employees, workers, and other persons.
The Company promotes the level of anti-corruption culture by informing and systematically training employees to keep them aware of the Company's anti-corruption policy and to master the ways and methods of applying the anti-corruption policy in practice.
6. Gifts and hospitality expenses
6.1 Gifts that employees on behalf of the Company may give to other persons and organizations, or that employees, in connection with their employment with the Company, may receive from other persons and organizations, and hospitality expenses, including business hospitality and promotion expenses that employees on behalf of the Company may incur, must simultaneously meet the five criteria below:
- Be directly related to legitimate Company business purposes, such as the presentation or completion of business projects, the successful execution of contracts, or national holidays, memorials, anniversaries;
- be reasonably justified, proportionate and not a luxury item;
- not constitute a disguised reward for a service, action, inaction, connivance, patronage, granting of rights, making a certain decision on a transaction, agreement, license, permit, etc. or an attempt to influence the recipient for another illegal or unethical purpose;
- not create reputational risk for the Company, employees or others by disclosing gifts or hospitality;
- not contradict the principles and requirements of this Policy, the Code of Business Ethics, other internal documents of the Company and applicable laws.
6.2 Gifts on behalf of the Company, its employees and representatives to third parties in the form of money, both cash and non-cash, regardless of currency, are not allowed.
7. Participation in charitable activities and sponsorship
7.1 The company implements a unified regional charity policy aimed at creating an image of the organization as a socially responsible business. The Company does not finance charitable and sponsorship projects in order to gain commercial advantages in specific projects.
8. Participation in political activities
8.1 The Company does not finance political parties, organizations, and movements in order to obtain commercial advantages in specific projects.
9. Interaction with government officials
9.1 The Company refrains from paying any expenses for government officials and their close relatives (or in their interests) in order to obtain commercial advantages in specific projects of the Company, including expenses for transportation, accommodation, meals, entertainment, PR-campaigns, etc., or obtaining any other benefit at the expense of the Company.
10. Interaction with Employees
10.1 The Company requires its employees to comply with this Policy by informing them of the key principles, requirements and sanctions for violations and including them in the job descriptions of the Company's employees.
11. Counterparties (business partners)
11.1 The Company shall use reasonable endeavors to ensure that the fundamental principles and requirements of this Policy are also observed by its counterparties.
12. Interaction with intermediaries and other persons
12.1 The Company and its employees are prohibited to engage or use intermediaries, partners, agents or other persons, counterparties to perform any actions that are contrary to the principles and requirements of this Policy or applicable anti-corruption laws.
12.2 The Company shall ensure that procedures are in place to check intermediaries, partners, agents, joint ventures, and other persons to prevent and/or detect the violations described above in order to minimize and suppress the risks of the Company's involvement in corrupt activities.
12.3 In order to fulfill the principles and requirements stipulated in the Policy, the Company shall include anti-corruption conditions (clauses) in contracts with intermediaries, partners, agents, counterparties and other persons. Anti-corruption conditions (clauses) shall contain information on the Policy and the system of anti-corruption procedures in place in the Company, provide for the Policy as an annex to contracts, if necessary, define the liability of counterparties for non-compliance with the principles and requirements of the Policy.
13. Running of account books and records
13.1 All financial transactions shall be accurately, correctly and with sufficient level of detail reflected in the Company's accounting records, documented and available for inspection.
13.2 The Company has appointed employees who are responsible under the applicable laws of the Republic of Kazakhstan for the preparation and submission of complete and accurate financial statements within the time limits established by applicable law.
13.3 Misrepresentation or falsification of the Company's financial statements is strictly prohibited and is considered as fraud.
14. Notification of deficiencies
14.1 Any employee or other person in case of doubt about the legality or compliance with the goals, principles and requirements of the Policy of his/her actions, as well as actions, omissions or proposals of other employees, contractors or other persons who interact with the Company, may report it to his/her immediate supervisor and/or to the authorized body (authorized person), which, if necessary, will provide recommendations and explanations about the situation.
15. Waiver of retaliation and sanctions
15.1 The Company declares that no employee will be subject to sanctions (including dismissal, demotion, loss of bonus) if he/she reports suspected corruption or if he/she refuses to give or receive a bribe, commit commercial bribery or mediate bribery, including if such refusal results in a loss of profit or commercial and competitive advantage for the Company.
16.Audit and control
16.1 The Company on a regular basis carries out internal audit of financial and economic activities, control over completeness and correctness of data recording in accounting and compliance with the requirements of applicable laws and internal regulatory documents of the Company, including the principles and requirements established by this Policy.
17. Reporting
17.1 The Authorized Person shall periodically review reports from the heads of the Company's structural units on the results of work to ensure compliance of the Company's activities and its employees with the principles and requirements of this Policy and applicable anti-corruption laws.
18. Responsibility for non-fulfillment (improper fulfillment) of this Policy
18.1. Employees of all structural divisions of the Company, irrespective of their position, shall bear responsibility, stipulated by the current legislation of the Republic of Kazakhstan, for observance of principles and requirements of this Policy, as well as for actions (inaction) of subordinate persons violating these principles and requirements.
18.2 Since the Company may be held criminally liable under the laws of the Republic of Kazakhstan for the involvement of the Company's employees, counterparties and other persons in corrupt activities, official investigations will be initiated for each reasonably justified suspicion or established fact of corruption to the extent permitted by applicable law.
18.3 Persons guilty in violation of requirements of this Policy can be brought to disciplinary, administrative, civil or criminal responsibility on the initiative of the Company, law enforcement bodies or other persons in the order and on the grounds provided by the legislation of the Republic of Kazakhstan, the Charter of the Company, local normative acts and labor contracts.
1.1 This Anti-Corruption Policy (hereinafter as the "Policy") is a document of QANSAT ENERGY LLP (hereinafter as the "Company") defining key principles and requirements aimed at prevention of corruption and compliance with applicable anti-corruption laws by the Company, members of management bodies, employees and other persons who may act on behalf of the Company.
1.2 The Policy is developed in accordance with the legislation of the Republic of Kazakhstan, the Charter, and other internal documents of the Company, taking into account the requirements of generally recognized principles and norms of international law and international agreements.
1.3 The Policy is formulated taking into account the fact that in Kazakhstan and other countries of the world "corruption", "corrupt practices", "corrupt activities" will generally be considered as giving or receiving bribes, mediation in giving or receiving bribes, abuse of official position or authority, commercial bribery, payments to simplify formalities, illegal use by an official of his/her position to obtain benefits in the form of money, valuables, other property, services, any rights for himself/herself or for other persons.
2. Objectives of the Policy
2.1 The policy reflects the commitment of the Company and its management to high ethical standards and the principles of open and honest business conduct, as well as the Company's desire to maintain its business reputation.
2.2 The Company's objectives are to:
- Minimize the risk of involvement of the Company, the CEO and the Company's employees regardless of their position (collectively, "Employees") in corrupt activities.
- To create a uniform understanding of the Company's policy of rejection of corruption in any form or manifestation among counterparties, employees, workers and other persons.
- To establish the obligation of the Company's employees to know and comply with the principles and requirements of this Policy, key norms of applicable anti-corruption laws, as well as adequate corruption prevention procedures.
3. Scope and Responsibilities
3.1 All Company employees shall be guided by this Policy and shall strictly comply with its principles and requirements.
3.2 The principles and requirements of this Policy apply to counterparties and representatives of the Company, employees, as well as other persons, in cases where the relevant obligations are stipulated in contracts with them, in their internal documents, or directly arising from the law.
4. Applicable anti-corruption legislation
4.1 Kazakhstan anti-corruption legislation: employees shall comply with the norms of Kazakhstan anti-corruption legislation established, among others, by the Criminal Code of the Republic of Kazakhstan, the Code of Administrative Offenses of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Combating Corruption" and other regulations.
4.2 The generally recognized principles and norms of international law, the main requirements of which are formulated as:
4.2.1. prohibition of bribery, i.e. giving or promising to give any financial or other benefit/benefit with the intent to induce any person to perform his/her official duties improperly;
4.2.2. prohibition of bribery, i.e. receiving or agreeing to receive any financial or other benefit/advantage for the improper performance of one's official duties;
4.2.3. prohibition of bribery of public officials, i.e. providing or promising to provide (directly or through third parties) to a public official any financial or other benefit/advantage in order to influence the performance of his/her official duties in order to obtain/retain business or to secure competitive or other advantages for a commercial organization;
4.2.4. failure by a business organization to prevent an associated person from bribing another person on behalf of that business organization, i.e., if the business organization fails to demonstrate that it has adequate procedures in place to prevent bribery, the business organization is liable for bribery by a person who performs services for or on behalf of the business organization (e.g., agent, subsidiary, employee) in order to acquire or retain business, to secure commercial and competitive advantage, or to pay a bribe to a person who provides services for or on behalf of the business organization.
4.3 In view of the above all Company employees are strictly prohibited, directly or indirectly, personally or through third parties, from engaging in corrupt practices, offering, giving, promising, requesting and receiving bribes or making payments to facilitate administrative, bureaucratic and other formalities in any form, including in the form of money, valuables, services or other benefits, to or from any person or organization, including commercial organizations, authorities and local governments, public officials, employees, employees of the Company or any other person or organization.
4.4 The Company and its employees shall comply with generally recognized principles and norms of international law and international treaties of the Republic of Kazakhstan, anti-corruption laws of the Republic of Kazakhstan, as well as the principles and requirements of the Policy, in any country of the world.
5. Key principles
5.1 Mission of top management
The General Director of the Company and his deputies in the areas of activity should form an ethical standard of irreconcilable attitude to any form and manifestation of corruption at all levels, setting an example by their behavior and familiarizing all employees and counterparties with the anti-corruption policy.
5.2 Adequate anti-corruption procedures
The Company develops and implements adequate anti-corruption procedures that reasonably respond to identified risks and monitors compliance with them.
5.3 Verification of counterparties (business partners)
The Company makes reasonable efforts to minimize the risk of business relations with counterparties that may be involved in corrupt activities, for which purpose it checks the tolerance of counterparties to bribery, including checking whether they have their own anti-corruption procedures or policies, their willingness to comply with the requirements of this Policy and to include anti-corruption clauses in contracts, as well as to provide mutual assistance for ethical business conduct and corruption prevention.
5.4 Information and training
The Company makes this Policy freely available on its corporate website, openly declares its opposition to corruption, welcomes and encourages compliance with the principles and requirements of this Policy by all counterparties, its employees, workers, and other persons.
The Company promotes the level of anti-corruption culture by informing and systematically training employees to keep them aware of the Company's anti-corruption policy and to master the ways and methods of applying the anti-corruption policy in practice.
6. Gifts and hospitality expenses
6.1 Gifts that employees on behalf of the Company may give to other persons and organizations, or that employees, in connection with their employment with the Company, may receive from other persons and organizations, and hospitality expenses, including business hospitality and promotion expenses that employees on behalf of the Company may incur, must simultaneously meet the five criteria below:
- Be directly related to legitimate Company business purposes, such as the presentation or completion of business projects, the successful execution of contracts, or national holidays, memorials, anniversaries;
- be reasonably justified, proportionate and not a luxury item;
- not constitute a disguised reward for a service, action, inaction, connivance, patronage, granting of rights, making a certain decision on a transaction, agreement, license, permit, etc. or an attempt to influence the recipient for another illegal or unethical purpose;
- not create reputational risk for the Company, employees or others by disclosing gifts or hospitality;
- not contradict the principles and requirements of this Policy, the Code of Business Ethics, other internal documents of the Company and applicable laws.
6.2 Gifts on behalf of the Company, its employees and representatives to third parties in the form of money, both cash and non-cash, regardless of currency, are not allowed.
7. Participation in charitable activities and sponsorship
7.1 The company implements a unified regional charity policy aimed at creating an image of the organization as a socially responsible business. The Company does not finance charitable and sponsorship projects in order to gain commercial advantages in specific projects.
8. Participation in political activities
8.1 The Company does not finance political parties, organizations, and movements in order to obtain commercial advantages in specific projects.
9. Interaction with government officials
9.1 The Company refrains from paying any expenses for government officials and their close relatives (or in their interests) in order to obtain commercial advantages in specific projects of the Company, including expenses for transportation, accommodation, meals, entertainment, PR-campaigns, etc., or obtaining any other benefit at the expense of the Company.
10. Interaction with Employees
10.1 The Company requires its employees to comply with this Policy by informing them of the key principles, requirements and sanctions for violations and including them in the job descriptions of the Company's employees.
11. Counterparties (business partners)
11.1 The Company shall use reasonable endeavors to ensure that the fundamental principles and requirements of this Policy are also observed by its counterparties.
12. Interaction with intermediaries and other persons
12.1 The Company and its employees are prohibited to engage or use intermediaries, partners, agents or other persons, counterparties to perform any actions that are contrary to the principles and requirements of this Policy or applicable anti-corruption laws.
12.2 The Company shall ensure that procedures are in place to check intermediaries, partners, agents, joint ventures, and other persons to prevent and/or detect the violations described above in order to minimize and suppress the risks of the Company's involvement in corrupt activities.
12.3 In order to fulfill the principles and requirements stipulated in the Policy, the Company shall include anti-corruption conditions (clauses) in contracts with intermediaries, partners, agents, counterparties and other persons. Anti-corruption conditions (clauses) shall contain information on the Policy and the system of anti-corruption procedures in place in the Company, provide for the Policy as an annex to contracts, if necessary, define the liability of counterparties for non-compliance with the principles and requirements of the Policy.
13. Running of account books and records
13.1 All financial transactions shall be accurately, correctly and with sufficient level of detail reflected in the Company's accounting records, documented and available for inspection.
13.2 The Company has appointed employees who are responsible under the applicable laws of the Republic of Kazakhstan for the preparation and submission of complete and accurate financial statements within the time limits established by applicable law.
13.3 Misrepresentation or falsification of the Company's financial statements is strictly prohibited and is considered as fraud.
14. Notification of deficiencies
14.1 Any employee or other person in case of doubt about the legality or compliance with the goals, principles and requirements of the Policy of his/her actions, as well as actions, omissions or proposals of other employees, contractors or other persons who interact with the Company, may report it to his/her immediate supervisor and/or to the authorized body (authorized person), which, if necessary, will provide recommendations and explanations about the situation.
15. Waiver of retaliation and sanctions
15.1 The Company declares that no employee will be subject to sanctions (including dismissal, demotion, loss of bonus) if he/she reports suspected corruption or if he/she refuses to give or receive a bribe, commit commercial bribery or mediate bribery, including if such refusal results in a loss of profit or commercial and competitive advantage for the Company.
16.Audit and control
16.1 The Company on a regular basis carries out internal audit of financial and economic activities, control over completeness and correctness of data recording in accounting and compliance with the requirements of applicable laws and internal regulatory documents of the Company, including the principles and requirements established by this Policy.
17. Reporting
17.1 The Authorized Person shall periodically review reports from the heads of the Company's structural units on the results of work to ensure compliance of the Company's activities and its employees with the principles and requirements of this Policy and applicable anti-corruption laws.
18. Responsibility for non-fulfillment (improper fulfillment) of this Policy
18.1. Employees of all structural divisions of the Company, irrespective of their position, shall bear responsibility, stipulated by the current legislation of the Republic of Kazakhstan, for observance of principles and requirements of this Policy, as well as for actions (inaction) of subordinate persons violating these principles and requirements.
18.2 Since the Company may be held criminally liable under the laws of the Republic of Kazakhstan for the involvement of the Company's employees, counterparties and other persons in corrupt activities, official investigations will be initiated for each reasonably justified suspicion or established fact of corruption to the extent permitted by applicable law.
18.3 Persons guilty in violation of requirements of this Policy can be brought to disciplinary, administrative, civil or criminal responsibility on the initiative of the Company, law enforcement bodies or other persons in the order and on the grounds provided by the legislation of the Republic of Kazakhstan, the Charter of the Company, local normative acts and labor contracts.
Shanghai QANSAT Traiding Co., Ltd. People's Republic of China, 200120 Shanghai, Pudong District, 33 Huayuanshichao str., 23rd floor Citigroup Tower
Контакты
+86 21 8040 2722
info@qansat.com
© 2023 | ТОО «QANSAT ENERGY»
«QANSAT ENERGY» LLP
113 Azattyk Avenue, Atyrau, 060000, Republic of Kazakhstan 185 Kapal Batyr str., Shymkent, 160000, Republic of Kazakhstan
113 Azattyk Avenue, Atyrau, 060000, Republic of Kazakhstan 185 Kapal Batyr str., Shymkent, 160000, Republic of Kazakhstan
+7 (7122) 50-69-88
+7 (771) 076-64-57
+7 (771) 076-64-57
LLP "QANSAT Group"
Republic of Kazakhstan, 030000, Aktobe, G. Zhubanov str., 39 E