1. POLICY OF THE COMPANY
1.1. This Anti-Corruption Policy (hereinafter referred to as the "Policy") is the basic document of CASPIAN HC AUTOMATION Ltd LLP (hereinafter referred to as the "Company") that defines the key principles and requirements aimed at preventing corruption and compliance with the applicable anti-corruption laws by the Company, employees and other persons who may act on behalf of the Company.
1.2 The acceptance of the Anti-Corruption Policy and the implementation of anti-corruption measures contribute to ensuring the legality, transparency and openness of the Company's activities to all stakeholders.
1.3. The Policy is an open document and it posted on the Company's official website.
2. GOALS OF THE POLICY
2.1. The policy reflects the commitment of the Company and its management to high ethical standards of conducting an open and honest business in order to improve the corporate culture, follow the best corporate governance practices and maintain the Company's business reputation at the proper level.
2.2. This Policy is designed to:
1) Ensure compliance of the Company's activities with the requirements of the applicable anti-corruption legislation of the Republic of Kazakhstan;
2) Establish key principles and requirements of the Company in the field of combating corruption;
3) Form the fundamental rules, standards and norms of behavior that must be followed;
4) Inform all interested parties about the rejection by the Company of any forms and manifestations of corruption.
2.3. The company sets itself the following goals:
— Minimize the risk of involvement of the Company's Employees, regardless of their position, in corrupt activities.
— Form among Employees and other persons a uniform understanding of the Company's policy on the rejection of corruption in any form and manifestation.
— Summarize and explain the main requirements of the anti-corruption legislation of the Republic of Kazakhstan, which may apply to the Company and Employees.
— Establish the obligation of the Company's Employees to know and comply with the principles and requirements of this Policy, the key provisions of the applicable anti-corruption legislation, as well as adequate procedures to prevent corruption.
— Summarize and explain the main requirements of the anti-corruption legislation of the Republic of Kazakhstan, which may apply to the Company and Employees.
3. SCOPE AND RESPONSIBILITIES
3.1. All Employees of the Company must be guided by this Policy and strictly comply with its principles and requirements.All Employees of the Company must be guided by this Policy and strictly comply with its principles and requirements.
3.2. The Director of the Company 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 contractors and representatives of the Company, and Employees, as well as other persons, in cases where the relevant obligations are enshrined in contracts with them, in their internal documents, or directly follow from the law.
4. APPLICABLE ANTI-CORRUPTION LAWS
4.1. In Kazakhstan, “acts of corruption” would generally be considered to be giving or receiving bribes, brokering the giving or receiving of bribes, abuse of position or authority, commercial bribery, facilitation payments, illegal use by an official of his position to obtain a benefit in the form of money , valuables, other property, services, any rights for themselves or for other persons, or illegal provision of benefits or rights to this person by other persons.
4.2. Subject to the foregoing, all Employees of the Company are strictly prohibited, directly or indirectly, personally or through the mediation of third parties, to engage in corrupt practices, offer, give, promise, solicit and receive bribes or make payments to simplify administrative, bureaucratic and other formalities in any form, in including, in the form of money, valuables, services or other benefits, to any persons and from any persons or organizations, including commercial organizations, government and self-government bodies, government officials, private companies and their representatives.
4.3. The Company and its Employees must comply with the 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 Leadership by personal example forms the moral and ethical standard of behavior for all other employees of the company, which includes intransigence against any manifestations of corrupt activities.
5.2 All anti-corruption measures within the company are carried out in direct accordance with the current legislation of the Republic of Kazakhstan.
5.3 Within the company, the implemented anti-corruption measures are constantly monitored, as well as control over their implementation.
5.4 Regardless of the position, length of service and characteristics of the employee, if he commits unlawful acts in the performance of his official activities, the employee will face a punishment commensurate with the degree of the offense committed, up to and including dismissal.
5.5 On a regular basis, new anti-corruption measures are searched for and implemented, based on ease of implementation, as well as low cost and effectiveness of implementation.
5.6 The company's policy is aimed at increasing the level of anti-corruption culture within the company through information and training of employees. All information about the company's anti-corruption policy is freely available in the form of information leaflets in the company's offices.
5.7 The Company is interested in minimizing the risk of entering into business relations with counterparties involved or having a high probability of being involved in corrupt activities. When entering into a relationship, the company checks the tolerance of counterparties to bribery, including checking whether they have their own anti-corruption procedures or policies, their readiness to comply with the requirements of this Policy and include anti-corruption clauses in contracts, as well as to provide mutual assistance for ethical business conduct and prevention of corruption.
6. GIFTS AND REPRESENTATION
6.1. All activities carried out by the Company must comply with the following basic requirements:
— comply with the legislation and internal documents of the Company;
— be directly related to the business activities of the Companies;
— be reasonably justified and proportionate to the significance of the chosen occasion (including the format of the event);
— not constitute a remuneration (including hidden) and / or not influence the adoption by any official of a certain decision in favor of the company and / or their employees;
— Do not create a reputational risk for the Company, its employees and other persons in case of disclosure of information about ongoing and/or funded events.
6.2. Interaction with authorities and public officials.
6.2.1. The Company does not make “facilitation payments” to any authorities, public officials or others. The company does not involve intermediaries to interact with them. In exceptional cases, if it does not contradict the applicable law and if there is an objective need to engage an intermediary, the Company ensures a fair and transparent process for selecting such an intermediary and paying for its services.
6.2.2. The Company refrains from paying any expenses for public officials or their close relatives (in their interests), as well as persons associated with them in order to obtain commercial advantages or provide any other benefits for the Company's projects.
6.2.3. The conclusion of employment contracts and contracts of a civil law nature with former state and municipal employees is carried out in strict accordance with the requirements of applicable law.
6.3. Подарки и представительские расходы, в том числе на деловое гостеприимство, которые Сотрудники от имени Компании могут предоставлять другим лицам и организациям, либо которые Сотрудники, в связи с их работой в Компании, могут получать от других лиц и организаций, должны соответствовать совокупности пяти указных ниже критериев:
- Be directly related to the legitimate purposes of the Company's activities, for example, with the presentation or completion of business projects, holding conferences, successful execution of contracts, or with generally accepted holidays, such as Nauryz and New Year, International Women's Day, memorable dates, anniversaries;
— Be reasonably justified, proportionate and non-luxury;
- Not represent a hidden reward for a service, action, inaction, connivance, patronage, granting rights, making a certain decision on a transaction, agreement, license, permit, etc. or attempt to influence the recipient for any other illegal or unethical purpose;
— Do not create a reputational risk for the Company, Employees and other persons in case of disclosure of information about gifts or entertainment expenses;
— Do not contradict the principles and requirements of this Policy and other internal documents of the Company and the norms of the applicable legislation of the Republic of Kazakhstan.
6.4. Gifts in the form of souvenirs (low-value products) with the Company's logo, provided at exhibitions, open presentations, forums and other representative and marketing events in which the Company officially participates, are allowed and considered as image materials.
6.5. Gifts on behalf of the Company, its Employees and representatives to third parties in the form of money, cash or non-cash, in any currency are not allowed.
7. PARTICIPATION IN POLITICAL ACTIVITIES
7.1. The Company does not finance charitable and sponsorship projects in order to obtain commercial advantages in specific Company 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 of the Company
8.2 The Company refuses charitable activities in favor of public officials and authorities, and also does not support organizations and programs that are aimed at changing the current legislation, as well as any projects of a military and political nature.
8.3 The Company refrains from charitable activities in favor of any religious organizations.
8.4 The Company recognizes the right of its employees to participate in political activities in private, provided that it complies with the legislation of the Republic of Kazakhstan, is in no way connected with the Company and is carried out at the employee's own expense in his spare time.
9. INTERACTION WITH GOVERNMENT EMPLOYEES
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 the cost of transportation, accommodation, meals, entertainment, etc., or receiving by them at the expense of the Company for other benefits.
10. INTERACTION WITH EMPLOYEES
10.1. The Company requires its Employees to comply with this Policy, informing them of the key principles, requirements and sanctions for violations.
10.2. As part of the formation of an appropriate level of anti-corruption culture in the Company, periodic information seminars are held for Employees in person and / or remotely, as well as introductory trainings on the provisions of this Policy and related documents - for all new Employees of the Company.
10.3. Compliance by the Company's Employees with the principles and requirements of this Policy is taken into account when forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.
10.4. Conflict of interests.
10.4.1. Caspian HC Automation Ltd respects the right of its employees to personal time and personal business. At the same time, nothing should create a conflict between the personal interests of the employee and the interests of the Company. When performing their official duties and/or representing the interests of the Company, employees must be guided by the principles and requirements of this Policy, the Code of Conduct, as well as the provisions of the internal regulatory document regulating the procedure for preventing, disclosing and resolving conflicts of interest.
10.4.2. Employees are required to:
— Avoid situations that lead to a conflict of interest, and when making decisions within the framework of their duties, be guided solely by the interests of the Company;
- Do not use their official position, as well as the information to which they have access, for personal interests or in the interests of related persons;
— Promptly disclose information about personal circumstances that may lead to a real and / or potential conflict of interest, both situationally (when hiring, when appointed to a new position, in case of occurrence), and as part of a regular survey on its presence/absence.
10.4.3. The internal documents adopted by the Company define the procedure for settling a conflict of interest and regulate the steps to prevent, disclose and resolve it, as well as provide examples of relevant typical situations and ways to resolve them.
11. PAYMENTS THROUGH INTERMEDIATE OR TO THIRD PARTIES
11.1. The Company and its Employees are prohibited from engaging or using intermediaries, partners, agents, joint ventures or other persons to perform any actions that are contrary to the principles and requirements of this Policy or the norms of applicable anti-corruption laws.
11.2. The Company ensures that procedures are in place to verify 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. BOOKS AND RECORD KEEPING
12.1. All financial transactions must be accurately, correctly and with a sufficient level of detail reflected in the accounting records of the Company, documented and available for verification.
12.2. The Company has appointed employees who are personally responsible for the preparation and submission of complete and reliable financial statements within the time limits established by applicable law.
12.3. Misrepresentation or falsification of the Company's financial statements is strictly prohibited and is regarded as fraud.
13. MONITORING AND REPORTING
13.1. The Company constantly monitors the effectiveness of the implemented control procedures and ongoing anti-corruption measures, evaluates their sufficiency, proportionality and relevance, improves them, eliminating the identified shortcomings in the control environment, as well as in connection with changes in the applicable anti-corruption legislation and / or in accordance with the best world practice.
13.2. The Company regularly audits financial and economic activities, checks internal control systems, monitors compliance with the requirements of applicable anti-corruption legislation and relevant internal regulatory documents of the Company, including this Policy.
13.3. Based on the results of the control measures and monitoring of compliance with the applicable anti-corruption legislation and internal anti-corruption procedures, as well as the analysis of their effectiveness and sufficiency, relevant reports are prepared, which are reviewed on an annual basis by the accounting and audit commission of the Company. The results of this work are disclosed in the Annual Report, published on the Company's official website on the Internet or in any other way.
14. WITHDRAWAL OF RESPONSIBILITIES AND SANCTIONS
14.1. The Company declares that no Employee will be sanctioned (including dismissed, demoted, deprived of bonuses) if they report an alleged fact of corruption, or if they refuse to give or receive a bribe, commit commercial bribery or mediate in bribery, including if, as a result of such a refusal, the Company has lost profits or has not received commercial and competitive advantages.
15. CHANGES
15.1. If insufficiently effective provisions of this Policy or related business processes of the Company are identified, or if the requirements of the applicable legislation of the Republic of Kazakhstan change, the Director of the Company organizes the development and implementation of an action plan to update this Policy and/or business processes.
16. LIABILITY FOR NON-PERFORMANCE (IMPROPER PERFORMANCE) OF THIS POLICY
16.1. Employees of all structural divisions of the Company, regardless of their position, are personally responsible for compliance with the principles and requirements of this Policy, as well as for the actions (inaction) of their subordinates that violate these principles and requirements.
16.2. Compliance with anti-corruption principles and requirements by employees is considered as the most important professional competence and is taken into account when they are considered for filling a higher position, moving in the service, as well as when being nominated for corporate awards or prizes.
16.3. Since the Company may be subject to sanctions for the participation of its employees, contractors, and other persons in corrupt activities, internal investigations will be initiated for each reasonable suspicion or established fact of corruption to the extent permitted by applicable law.
16.4. Following the principle of zero tolerance for corruption in all forms and manifestations, for each reasonable suspicion or established fact of corrupt activity or commercial bribery, internal investigations are initiated in accordance with the requirements of applicable law and internal regulatory documents of the company.
16.5. Persons guilty of violating the requirements of this Policy may be subject to disciplinary, administrative, civil or criminal liability at the initiative of the Company, law enforcement agencies or other persons in the manner and on the grounds provided for by the legislation of the Republic of Kazakhstan, regulations and employment contracts.