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Combating bribery of foreign public officials

According to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (17.12.1997, Paris) and OECD Council Recommendation on Bribery and Officially Supported Export Credits (14.12.2006), JSC State Specialized Russian Export-Import Bank (Eximbank of Russia) takes actions aimed at combating bribery of foreign public officials in officially supported export credits.

Actions aimed at combating bribery are taken before the financial support is provided, as well as after the support is provided.

Eximbank of Russia requests Applicant (Payee)/Exporter confirmations, including:
  • Applicant/Exporter is aware of legal consequences of bribery in international business transactions under its national legal system including its national laws prohibiting such bribery; particularly for Applicants/Exporters registered in Russian Federation, - that they are aware of provisions of article 19.28 of Code of Administrative Offences of the Russian Federation, articles 291 and 291.1 of Criminal Code of the Russian Federation.
  • Applicant/Exporter will take all appropriate measures to develop, apply and document management control systems that combat bribery.
  • Neither Applicant/Exporter nor anyone acting on his behalf have been engaged or will engage in bribery in the course of the transaction.
  • Applicant/Exporter has never been included in a list or registry of international organizations such as World Bank, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank, as a company which activities have been considered by these international organizations non-compliant with international law, standard business practice, including intergovernmental agreements, regulations, etc.
  • Neither Applicant/Exporter nor anyone acting on his behalf in connection with the transaction are currently under charge of a competent authority for violation of laws against bribery of foreign public officials of any country or, within a five-year period preceding the provision of confirmation to the Agency, has not been convicted by a competent authority or been subject to equivalent administrative measures for violation of laws against bribery of foreign public officials of any country.
  • Applicant/Exporter agrees to disclose upon demand the information about the identity of persons acting on his behalf in connection with the transaction, as well as information about the amount and purpose of commissions and fees paid, or agreed to be paid, to such persons.
  • Additionally, Eximbank of Russia verifies whether Applicant/Exporter is listed on the publicly available debarment lists published by international financial institutions (World Bank, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank).

If before the export credit is provided Eximbank of Russia gets information which gives reasons to believe that bribery may be involved in the transaction, Eximbank of Russia may undertake enhanced due diligence. If there is credible evidence of bribery in the transaction, Eximbank of Russia informs the law enforcement authorities of Russian Federation.

The decision to provide financial support is suspended until the decision on fact of bribery (whether it exists or not) is taken by the competent authority. In case the fact of bribery is proven by the competent authorities, Eximbank of Russia will refuse to provide financial support.

If after financial support is provided there are reasons to believe that bribery may be involved in the transaction, or it is found that Exporter/Payee is listed on the publicly available debarment lists of the international financial institutions, or in case if either Exporter or Payee or anyone acting on their behalf in connection with the transaction are under charge of a competent authority for violation of laws against bribery of foreign public officials of any country, or in case if either Exporter or Payee has intentionally provided false information in the process of application for financial support, the enhanced due diligence is undertaken.

If there is credible evidence of bribery in the transaction, Eximbank of Russia informs the law enforcement authorities of Russian Federation.

During the period after informing the law enforcement authorities of Russian Federation about the credible evidence and until the end of investigation by the competent authorities, Eximbank of Russia has a right to decide to suspend providing the payments.

If after the financial support is provided the fact of bribery in the transaction is proven by the competent authorities in accordance with the established legal procedures, Eximbank of Russia may take the following actions:
  • decide to stop payments;
  • refund the payments already made under the export credit, including losses incurred;
  • inform the law enforcement authorities of Russian Federation about the fact of bribery proven in accordance with the established legal procedures in case the fact was proven abroad;
  • take decision to terminate the export credit unilaterally.
Eximbank of Russia takes actions aimed at combating bribery of foreign public officials in accordance with internal Procedure Document on Combating Bribery of Foreign Public Officials which was developed in compliance with OECD Council Recommendation on Bribery and Officially Supported Export Credits.

Debarment lists published by international financial institutions:



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