Implementing Anti-Corruption Policies is the cornerstone of corporate integrity and legal security. In Georgia, where combating corruption is a state priority, businesses are required to maintain high standards to avoid criminal liability and reputational damage. Corruption involves not just bribery but also conflicts of interest, fraud, illicit gifts, and influence peddling. A strong anti-corruption policy protects a company from both internal (employee-driven) and external (partner or official-driven) risks. This service involves developing tailored policies for companies based on Georgian legislation and international standards (e.g., ISO 37001).
What does this service cover?
The anti-corruption policy service covers:
- Risk Assessment: Analyzing company activities to identify corruption risks (e.g., interactions with public procurement, licensing).
- Code of Ethics Development: Creating a document defining conduct rules, gift acceptance policies, and hospitality limits.
- Conflict of Interest Policy: Implementing mechanisms for employees to timely declare potential conflicts of interest.
- Whistleblowing Mechanism: Establishing anonymous hotlines and protection procedures so employees can safely report violations.
- Third-Party Due Diligence: Outlining procedures for vetting partners, suppliers, and agents to ensure the company does not become complicit in another's corrupt scheme.
Common Real-World Scenarios
Anti-corruption policies are needed in cases such as:
- State Tenders: A company participates in public procurement. Strict control is needed to ensure no employee attempts to bribe an official, which would jeopardize the entire company.
- International Partnership: A foreign investor or partner requires proof of anti-corruption compliance before signing a contract.
- Internal Fraud: A procurement manager receives "kickbacks" from suppliers. Having a policy facilitates the dismissal and prosecution of such an employee.
- Gifting Season: Receiving expensive gifts from partners during holidays can be considered bribery. The policy sets limits (e.g., 100 GEL).
Georgian Legal Framework
Corruption offenses (bribery, influence peddling) are punishable under the Criminal Code of Georgia. It is important to note that criminal liability can be imposed not only on individuals but also on legal entities (corporate liability). Also relevant are the Law on Conflict of Interest and Corruption in Public Institutions and the Law on Competition. Having an anti-corruption policy can be considered a mitigating circumstance in court, showing that the company took preventive measures.
Process: How does a specialist work?
The lawyer conducts an audit and interviews management. Then, a tailored policy is written (not a template document). The document is approved by a director's order. The crucial stage is implementation—familiarizing employees with the policy and obtaining their signatures. The lawyer also assists the company in setting up an internal investigation commission if a violation is detected.
Why Legal.ge?
An effective anti-corruption policy is not just paper; it is a shield. On Legal.ge, you will find experts in corporate law and compliance who know how to create truly working mechanisms. We will help you conduct business cleanly to avoid scandals and legal prosecution.
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