01.11.2019

Compliance: what is it - a new step in business management or bureaucratic procedures

Why does a child fight at school?

Child school age He is no longer a child and can both mock and offend his classmates and become an object of attacks. The student will not only fight, but may also use psychological violence. You can bully your classmates by sending threatening SMS messages, letters to email or in social media. Offensive nicknames, obscene words - all this is included in the section of psychological violence. Why does a child offend classmates and what to do in this case? Most likely, there is a group in the class with an informal leader and your student is part of it, and he bullies others so as not to become the object of bullying from other children. By the way, this behavior is characteristic not only of boys; parents of girls also need to monitor their children.

There are several signs by which you can understand whether your offspring is abusive to other children or not. Pay attention to what the student says about his classmates. If he speaks badly about them, using offensive nicknames or nicknames, or aggression is manifested towards them in his speech, then it is necessary to talk with the teachers; perhaps aggression is manifested not only in words. From time to time, your offspring may have expensive phones or toys that you didn’t buy for him, and the student cannot explain where he got them from. Perhaps this is the result of aggressive behavior, when expensive things are taken away from those who cannot stand up for themselves.

Every parent of an aggressive child sooner or later asks himself the question: what to do if the child humiliates and offends his peers? The answer to this question is given by psychologists who have been working with children for a long time and know how to correct unwanted behavior.

First of all, it is necessary to prevent conflicts in the family. Be an example for your child, and then he will understand that you can achieve results without using aggression. If your child doesn't know how to express his anger without hurting himself or others, then you need to help him with this. For example, you might give your teen a place in the room where he can tear up paper, cry, scream, and stomp his feet. Then he will understand that it is not necessary to show aggression towards children at school, but that he can control his feelings. What to do if your child is too active? Perhaps he has nowhere to put his energy. Then you can come up with games for him in the fresh air, puzzles at home, so that he simply has no time to insult other children. If you have witnessed that your child has harmed someone else’s child, then you need to let the student know that he is wrong. You should demand that he apologize to his victim, and at home talk to him seriously about this and teach him the correct behavior. Is it common in your family to punish children? You shouldn't do this. The child may harbor anger and resentment, and if you do not explain why he was punished, he will no longer trust you. He may withdraw into himself and continue to behave aggressively at school, but not in front of you. Therefore, psychologists recommend using a temporary ban on playing with other children as punishment. If your child is in school, then you need to talk about this behavior with the teacher. Find out what measures you can take together with the teacher to correct the student’s behavior. Sometimes a little person who has previously been bullied by his peers begins to bully other children. To prevent this from happening, you need to establish contact with the student and the child will tell you about everything that is happening at school. This will allow you to notice oddities in your offspring’s behavior in time. You cannot tell a child that he is obliged to defend himself, otherwise such behavior may turn into aggression towards other children.

How to prevent your child from acting aggressively.

There are measures for the so-called prevention of aggressive behavior in children. If your child has never offended anyone at school, then you should know what to do to ensure that this never happens.

Your offspring should and can participate in various musical and creative competitions– this helps him develop adequate self-esteem and do not pay attention to the bullying of others.

Pay more attention to your child. Sometimes aggressive behavior is a consequence of the fact that the child considers himself unnecessary to his parents, an unnecessary burden, and these feelings are manifested in his attitude towards classmates.

But the most important thing will be yours within the family. If a little person sees physical violence towards himself (even manifested in the form of punishment), then he automatically transfers this line of behavior to others.

Analyze these factors and you can answer the question of why your child might offend other children. If you can’t do this on your own, seek advice from a psychologist and show him your kinder.

Sberbank has passed the registration procedure with the US Internal Revenue Service (IRS) as a financial institution that complies with the requirements of FATCA (Participating financial institution not covered by an IGA).

The bank has been assigned an individual identification number (GIIN): JPCJ0H.00028.ME.643.

Form confirming the status of Sberbank as the beneficial owner of the income received and indicating the FATCA status: W-8BEN-E

Form confirming the status of Sberbank as an intermediary in the transfer of income received in favor of a third party, indicating the FATCA status: W-8IMY

We hereby inform our clients - individuals, as well as individual entrepreneurs and individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (lawyers, notaries, etc.), interested in concluding agreements with PJSC Sberbank (hereinafter referred to as the Bank), on the possibility of disclosing information about their US taxpayer status for FATCA purposes.

When concluding an agreement for any service, you can fill out the Bank’s questionnaire containing additional FATCA information (hereinafter referred to as the Questionnaire). The form of the Questionnaire and the procedure for filling it out are presented in the relevant sections of products and services on the Bank’s website, as well as in information folders in service offices.

As part of filling out the Questionnaire, you will be required to provide the following additional documents, depending on your answers to the questions in the Questionnaire:

If you are a US citizen or US tax resident, you must provide a completed Form W-9 (Form W-9 is available on the US Internal Revenue Service website: http://www.irs.gov/pub/irs-pdf/fw9.pdf ). Consult your tax advisor about how to complete the form.
If you were born in the United States but are not a U.S. citizen, you must provide (1) a certificate of loss of U.S. citizenship on U.S. Department of State Bureau of Consular Affairs Form DS 4083, or (2) written explanations regarding lack of U.S. citizenship (for example, indicating the reason why U.S. citizenship was not acquired by birth).

You can hand over the completed Questionnaire and the documents listed above (if any) to the Bank employee at your place of service. Information about US taxpayers, including data on the Client’s account number(s) with the Bank, account balance(s), transactions on the account(s), may be transferred by the Bank to Tax service USA (IRS) or a person performing the duties of such a body, to the extent and in the manner established by the legislation of the Russian Federation.

Questions to confirm tax residency for individuals
Questionnaire for an Investor - an individual (with rules for filling out)
Questions to confirm tax residency for individuals / individual entrepreneurs (for securities accounts)

We hereby inform clients - legal entities, including credit institutions, interested in concluding agreements with the Bank, about the possibility of disclosing information about themselves for FATCA purposes.

You can fill out special sections of the Bank's questionnaire containing additional FATCA information (hereinafter referred to as the Questionnaire) as part of the standard identification procedure when applying for services at the Bank. The Questionnaire form is presented on the Bank’s website in the relevant sections of products and services.

As part of filling out the Questionnaire, you may be required to provide additional documents depending on your answers to the Questionnaire questions:

IRS Forms W-9/W-8 and other documents.
Templates for Forms W-9 and W-8 are available on the IRS portal: http://www.irs.gov. The Bank does not provide advice on the procedure for filling out the FATCA Questionnaire and other additional documents in order to establish the specific status of a taxpayer for FATCA purposes. Consult your tax advisor about how to complete the forms.

You can hand over the completed Questionnaire and additional documents (if any) to the Bank employee at your place of service.

Information about US taxpayers, including data on the Client's account number(s) with the Bank, account balance(s), transactions on the account(s), may be transferred by the Bank to the US Internal Revenue Service (IRS) or to a person acting as such authority. , to the extent and in the manner established by the legislation of the Russian Federation.

Questions to confirm tax residency for legal entities/individual entrepreneurs
Information for legal entities that are not credit institutions (for securities accounts)

Federal Law No. 340-FZ dated November 27, 2017), according to which Russian financial market organizations are required to identify clients who are tax residents of foreign states (territories) and provide data on such clients and their accounts to the Federal Tax Service of Russia, and clients, in turn, , are required to provide this information upon request from a financial institution.

Sberbank PJSC does not provide its clients with consulting services on determining tax residency in accordance with FATCA and CRS requirements. On this issue, you can contact a tax consultant or read information on tax residency for different countries on the Organization for Economic Cooperation and Development portal at http://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance /tax-residency/#d.en.347760

In order to confirm your tax residency, an employee of Sberbank PJSC may ask clarifying questions and also ask you to fill out a self-certification form.

Hello, dear readers of the blog site. Compliance is a fashionable word that has appeared in recent years in the Russian business environment. Like many other business terms, the concept came from the West. Let's talk in detail about what it means and whether Russian entrepreneurs need a compliance system.

What is compliance in simple words?

Compliance translated from English means compliance, agreement, complaisance. When applied to business, the term compliance is the ability act in accordance with procedure, a set of rules or queries.

Any commercial activity is about making money. In pursuit of profit, entrepreneurs sometimes circumvent laws, spit on ethical standards, social rules. However, this behavior causes a negative effect.

Instead of high earnings, entrepreneurs receive large fines, a ban on business, and criminal prosecution. The result is loss of reputation, decreased revenue and even bankruptcy.

this is a control system and managing risks arising from non-compliance:

legislation;
regulations of regulators and monitoring organizations;
rules self-regulatory organizations and other forms of business combinations;
internal documents.

In simple words, it is a complex measures to promote responsible behavior of the company and its employees at the market. The purpose of the events is to protect the interests of the campaign, investors, clients, and employees.

The development of compliance is directly related to the strengthening of state control over commercial enterprises. High penalties from regulatory authorities force corporate management to pay greater attention to compliance with laws, as well as the development of company policies. Constant internal audit prevents the detection of violations by supervisory organizations.

History of development

The birth of compliance control is associated with the emergence in 1906 of the US Department of Health and Human Services (Food and Drug Administration). The State Department regulated the pharmaceutical and food processing procedures that campaigns had to follow.

However, the impetus for the development of compliance was provided by numerous corruption scandals of the 60-70s of the 20th century. In particular, the Watergate scandal of 1972 revealed evidence of bribery of foreign officials by large American corporations. Among the beneficiaries were such monsters as Mobil, EXXON, Phillips Petroleum.

Since US laws did not prevent bribery outside the country, after investigations, the Foreign Corrupt Practices Act (FCPA) was passed in 1977. The normative act established the rules of conduct with government officials at the international level.

It covers cases of offering or providing benefits to foreign officials, which include not only civil servants, but also party representatives, employees of state-owned enterprises and organizations.

In addition to the adoption of the FCPA, in the late 70s in the United States ministries were created to regulate entrepreneurial activity. In the 1980s, the compliance system was expanded to include ethical business rules.

The end of 2001 led to the collapse of the largest US energy company. Enron Corporation went bankrupt due to concealment of debts and fraudulent activities. The major scandal led to increased regulatory scrutiny and led to the passage of the Sarbanes-Oxley Act in 2002. The regulatory act has tightened the requirements for accounting and enterprise reporting. He also obliged business structures to adopt a Code of Ethical Conduct. Since then, compliance has become an integral part of managing American campaigns.

In 2006, a new corruption case broke out. The investigation revealed the payment of huge bribes from the “black” cash register by Siemens. Bribery of officials was carried out at the direction of top managers of the corporation in different countries– Egypt, Russia, China, Greece. Now compliance services have become mandatory for companies with foreign assets.

2010 was marked by the adoption of the UK law " About the fight against bribery" All firms subject to it must introduce compliance controls. The law applies to UK and overseas businesses.

What about in Russia?

Compliance legislation in Russia is in its infancy. Official acts do not contain a definition of this function. The only document where the term was mentioned was Directive of the Bank of Russia No. 603-U dated July 7, 1999 (lost force in 2004).

The Central Bank's order considered compliance control as part of the internal monitoring of credit institutions. It was carried out to check the compliance of the bank’s activities with the legislation on financial markets. After the cancellation of the official document, many credit institutions continue to use compliance ideas to operate efficiently.

Thus, Russian regulations do not provide for the mandatory introduction of compliance services. The risk management system is applied on a voluntary basis.

However, a caveat needs to be made here. Transnational corporations whose interests extend beyond the borders of the country must obey the rules in force in other states.

If the company's securities are traded on the New York Stock Exchange, the company is subject to the jurisdiction of US laws. This means that the enterprise must have a compliance program developed in accordance with the recommendations of US regulators.
When opening an account in a foreign bank, a Russian organization or citizen undergoes compliance control. To successfully complete the audit, you must have a reputation that meets Western standards.

The emergence of compliance services in Russian organizations contributed to the adoption of amendments to Federal Law No. 273 “On Combating Corruption.” The document obliges entrepreneurs to take measures to prevent corruption schemes. In foreign practice, this is one of the main elements of the system of regulation and control of compliance risks.

Why is compliance needed?

“Earn a reputation and it will work for you.”
J. Rockefeller

Although compliance programs were initially introduced to protect entrepreneurs from actions of supervisory authorities, and then - according to the instructions of the regulator, today their importance has grown significantly.

Currently, compliance is:

Guarantee of business purity.
Evidence of the law-abiding nature of the company, the transparency of its accounting and reporting.
Proof of the responsibility of executive bodies.
Relationships based on the principles of equality and justice.
Index high level corporate culture and professionalism.

Thus, the implementation of compliance improves the company's reputation, increases its value in the eyes of partners and investors, increases the trust of clients and employees. The campaign can attract more resources, increase market share, .

It should also be noted that there is an increase in trust on the part of supervisory institutions. Detected violations are considered to be private, committed by one person, and not systemic. For campaigns that have implemented a control system, relaxations in the imposition of sanctions are provided.

Elements of compliance using the example of Siemens policy

To a person unfamiliar with how a business operates, it may seem easy to follow the rules. Read a couple of documents and follow them. In reality, everything is much more complicated.

There are a lot of regulations in force that define different aspects of economic activity - labor relations, behavior in the market, consumer rights, tax relations, technical standards, etc. They are constantly changing and sometimes contradict each other.

It is important not only to follow all innovations, but also to develop standards for standard operations and personnel behavior in different situations, train employees, and keep knowledge up to date. It is also necessary to monitor and respond to violations.

A full-fledged compliance policy requires significant financial and time expenditures, and is only feasible for large campaigns. Let's look at the example of Siemens Corporation, which includes a risk management system.

After the corruption scandal broke, the campaign developed rules that should minimize the likelihood of a repeat of the situation. The principle of the company's work was corruption and violations of competition rules. Motto: “Only pure business is Siemens business.”

The compliance system is divided into three levels:

Prevention;
Identification;
Reaction.

What is included in each of them can be seen in the table.

In order to implement the policy, the international corporation has developed internal documents valid for all divisions:

Siemens Business Conduct Guide;
Code of Conduct (for suppliers).

The campaign posts annual reports on the official website. You can also report violations here.

Compliance control in banks

When entrusting their money to a bank, clients need confidence that their capital is safe. The bank, in turn, needs guarantees of the “purity” of the funds received.

Any credit organization receiving a license from the state to conduct operations must comply with anti-money laundering and anti-terrorism financing (AML/CFT) rules. In Russia, for this purpose, Law No. 115-FZ of 08/07/01 was adopted. Banks are forced to balance between two threats - losing promising clients or receive sanctions due to insufficient control over clients from the risk group.

At the same time, money laundering includes money received not only as a result of crimes, but also any funds received from illegal sources - illegal profits, bribes, “gifts”, etc. Officials and their relatives are under special supervision.

A special department is responsible for checking clients at the bank. If employees of a credit institution suspect that property was obtained illegally, they can:

refuse to open an account for a client;
terminate the current contract;
freeze funds.

The financial institution is obliged to report to the regulator about all suspicious transactions. Illegal actions can be challenged in court.

Compliance department specialists receive initial information from the client’s questionnaire filled out when opening an account. Then they collect information from various sources - government registers, the Internet, social networks.

Having a personal or corporate website and a respectable personal profile will help you successfully pass an audit at a domestic or foreign bank. To confirm the sources of funds, a financial organization may request tax and accounting reports, contracts, primary documents, etc.

To avoid problems, you should conduct business openly and transparently, and immediately provide explanations and evidence when a bank request is received.

Good luck to you! See you soon on the pages of the blog site

Admission

Target group

Persons with higher education

Documents for admission

Original and copy of passport or document replacing it

Original and copy of a document on education and qualifications or a certificate of training for persons receiving higher education

Original and copy of the document on changing the last name, first name, patronymic (if necessary)

Employment history- a copy certified by the organization’s HR department

Photos 3x4 - 3 pieces

Admission conditions

Interview

I. Basic part. Compliance function in business
1.1 Compliance as a type of professional activity
1.1.1 The relationship between the systems “internal control”, “internal audit” and “compliance” in modern management
1.1.2 Compliance in the organization’s management structure
1.1.3 Compliance control: types and classifications
1.2 Legal regulation and methodology of modern compliance control
1.2.1 International and Russian standards in the field of internal control and audit
1.2.2 International standards in the system of legal regulation of compliance
1.2.3 Legal regulation of compliance in Russian Federation
II. Profile part. A complex approach to building the organization’s compliance system
2.1 Risk management and compliance
2.1.1 Place and role of risk management and compliance in the corporate governance system
2.1.2 Compliance control and risk management: functions and procedures
2.1.3 Organizational structure compliance control and risk management
2.1.4 Concept of corporate compliance control and risk management
2.1.5 Practical aspects of building business processes and company risk maps (workshop)
2.2 Local regulatory regulation of the compliance system in the organization
2.2.1 Features of local regulatory regulation of the organization’s compliance system (compliance map)
2.2.2 Features of the creation and implementation of ethical regulation in an organization. Compliance in corporate culture. Code of Ethics. Whistleblowing Policy
2.2.3 Prevention of conflicts of interest. Gift Policy
2.2.4 Monitoring compliance with legislation in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism (AML/CFT).
AML/CFT Policy (Financial Crime/Fraud Prevention)
III. Variable part. Corporate compliance practices
3.1 Functional areas of compliance control. Compliance risks of the organization
3.1.1 Tax compliance policy
3.1.2 Sanctions compliance policy.
Managing the risks of non-compliance with international economic sanctions in a credit institution
3.1.3 Antimonopoly compliance: FAS practice (Competition policy)
3.1.4 Anti-corruption compliance
3.1.5 Compliance in the field of protection of confidential information and personal data (Data protection policy)
3.1.6 Compliance in the field of securities market regulation
3.1.7 Compliance in the field of tendering and procurement activities
3.1.8 Compliance in the field of labor relations
3.1.9 Compliance system of a credit institution. Special compliance methods in the credit sector
3.2 Business competencies of a compliance manager
3.2.1 Head of Compliance Service. Compliance service structure. Practices for building corporate compliance systems
3.2.2 Rules for conducting an internal corporate investigation
3.2.3 Business communications. Effective negotiations and handling objections.
Etiquette and protocol
3.2.4 Conflict and stress management. Countering manipulation in professional activities
Final certification: preparation and defense of the project

Belyaeva Olga Alexandrovna

Leading Researcher, Head of the Department of Private Law Disciplines at the Institute of Legislation and Comparative Law under the Government of the Russian Federation

Doctor of Law, member of the Expert Council Russian Academy sciences

Grekova Irina Yurievna

Partner, Head of the Compliance Control Department at the Aton Group of Companies

In the financial industry since 2007. Graduated from Moscow State Law University named after. O.E. Kutafina (MSAL), studied at Jean Moulin University in Lyon and Pantheon-Assas Paris II University in Paris. He has a diploma from MICA (International Compliance Association).

Denyakina Galina Nikolaevna

Professional coach. Leaders Labs partner

More than 20 years of experience in senior positions in the field of human resources management at Credit Suisse, CS First Boston, HSBC, including 5 years of work as a coach with senior and middle managers. She studied at the London Business School in the executive education program. Certified coach - practitioner in the field of setting and achieving goals (Goal Mapping). Continues training at the London Academy of Coaching (Corporate and Executive Coaching, Personal Performance Coaching, Small Business Coaching, Youth Coaching).

Katysheva Irina Yurievna

Advisor to the Director of the Department for Combating Unfair Practices of the Bank of Russia

Member of the Institute of Internal Auditors since January 17, 2006. Member of the expert group on AML/CFT, internal control and regulatory (compliance) risk at the ECS of the Committee of the Federation Council of the Federal Assembly of the Russian Federation on the budget and financial markets and at the ES Committee State Duma Federal Assembly of the Russian Federation on the financial market. Work experience over the past 15 years: Senior Manager KPMG – risk consulting; Head of the Internal Control Service (Compliance) of PJSC Promsvyazbank; Head of the Compliance Service of PJSC Bank Uralsib; Head of the Securities Department of the Ministry of Finance of the Moscow Region. Since 1994 in the banking business (experience as a securities trader for 6 years on various exchanges of the MICEX, MCSE, MFB, back officer and accountant, organizer of the issue of bond loans)

Kirdan Rinat

CFA, partner of ATON company, director of the Risk Management Department

Before moving to the position of head of risk management, he headed the direction of debt market research and macroeconomic analysis of Russia and the CIS countries, and was also co-head of the analytical department. Before joining ATON, he held the position of director and senior analyst at BCP Securities, where he covered the situation in the debt markets of the CIS countries and of Eastern Europe. From 2007 to 2009, he worked as a senior analyst at Renaissance Capital and specialized in small-cap companies in the CIS and Africa. He graduated with honors from the ICEF National Research University Higher School of Economics and at the same time received a Bachelor's degree in Economics and Management (BSc Econ & Mngt, 1st Hon) from the University of London. In 2005 he graduated with honors from the London School of Economics and Political Science with a Master's degree in Economics (MSc Econ, Dist).

Korolevich Olga Petrovna

Psychologist in the Transactional Analysis modality (private practice), emotional development coach

Ph.D. Has experience working in major financial companies (Troika Dialog, Sberbank CIB, etc.) since 2007.
Member of the European Transaction Analysis Association (EATA), St. Petersburg Organization of Transaction Analysis (SOTA)
2014-2016 Associate Professor of the Department of Financial Monitoring and Financial Markets, Russian State University of Economics (RINH), author of scientific publications.

Koryakina Yulia Sergeevna

Head of the Personnel Policy Department of the Pension Fund of the Russian Federation

Expert of the Commission on Professional Qualifications of Types of Social Insurance - head of the working group for the development of a set of assessment tools for assessing qualifications within the framework of professional standards; expert on professional and public accreditation educational programs in the field of economics, management and finance of the Council for Professional Qualifications of the Financial Market of the Russian Union of Industrialists and Entrepreneurs, laureate of the Moscow Government competition in the field of education.

Doctor of Business Administration (DBA), full professor, director of the Higher School of Law of the National Research University Higher School of Economics, best teacher at the National Research University Higher School of Economics - 2013-2017, deputy chairman of the Expert Council for Additional vocational education and corporate training, additional education adults of the Committee on Education and Science of the State Duma of the Russian Federation, laureate of the Moscow Government competition in the field of science and educational technologies.

Lebedev Igor

KPMG Partner, Forensic, Risk Management Consulting

Ph.D. More than 15 years of experience in the field of internal control and audit, economic security, investigations of corporate fraud and other abuses, including at other Big Four firms.
Head of the Department of Risk Analysis and Economic Security of the Financial University under the Government of the Russian Federation.
Author of monographs and publications in periodicals on the topic of ensuring economic security, combating corruption and fraud, risk analysis, etc.
Member of the International Compliance Association (ICA).

Candidate of Economic Sciences, Head of Sector, IMEMO RAS. E. M. Primakova, member of the Expert Council on additional vocational education and corporate training, additional adult education under the State Duma Committee on Education and Science.

Pak Larisa Vladimirovna

Deputy Director of the Educational and Methodological Center of the Federal Antimonopoly Service of Russia (branch, Moscow)

ICA and Manchester Business School (MICA, 2010)
Experience in the financial industry since 1998. For more than 12 years, she managed the legal/compliance departments of foreign banks in Russia. Included in the GC Powerlist (The Legal 500, 2015).
Since 2018, he has been leading scientific and expert work on issues of antimonopoly regulation and competition law at the Educational and Methodological Center of the Federal Antimonopoly Service of Russia (Moscow). He is engaged in teaching activities on issues of antimonopoly compliance of educational programs of the Educational and Methodological Center of the Federal Antimonopoly Service of Russia, as well as compliance management in leading universities in Russia.

Savushkin Anton Vyacheslavovich

Head of the Internal Control Service - Deputy Chairman of the Management Board of PJSC Moscow Exchange

From 2001 to 2005, he held the position of compliance controller at the subsidiary bank Raiffeisen Bank International AG (JSC Raiffeisenbank). From 2005 to 2008, he was involved in compliance with the requirements of the ING Group in the field of compliance control at ING BANK (EURASIA) JSC, part of an international financial corporation representing banking and investment products. From 2008 to 2011, he was the head of the Compliance Control Department of PJSC MDM Bank with the responsibility for managing compliance risks both in MDM Bank and in its subsidiaries. Graduated from Moscow State University Technical University named after N.E. Bauman. MBA Moscow State University. M.V. Lomonosov. In 2016, he was awarded the Compliance 2015 award for his contribution to the development of compliance in Russia.

Sorokin Oleg Vladimirovich

Head of the expert group of the Department for Combating Unfair Practices of the Bank of Russia

On the Russian financial market since 2007. He headed the legal services and risk analysis and management departments of large state industrial holdings and private investment companies, a professional participant in the securities market, and a management company. Headed the Legal Department of Rosreestr. He was a research fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. He served on the boards of directors of various state-owned enterprises and private companies. Graduated with honors from the Financial Academy under the Government of the Russian Federation.

Frolova Maria Vladimirovna

Partner in the Tax Services practice, Ernst & Young Moscow office

Has been with Ernst & Young since 2002. Graduated from REA named after. V.G. Plekhanov, majoring in “Finance and Credit” and majoring in “Taxes and Taxation”. Specializes in providing professional services in the field of taxation to financial companies, as well as non-financial companies for financial transactions; on providing consulting services on deoffshorization issues, in the field of transfer pricing for various types of financial transactions, including financing operations and intragroup financing. Led various projects related to consulting on the implementation of FATCA/CRS requirements for non-financial organizations, banks and investment groups located in Russia and the CIS countries

Kheilo Dmitry Leonidovich

Managing Director of the Compliance Department of Sberbank PJSC

Candidate of Law, Graduated from the Management with Compliance program (University of Manchester, Bsc (Hons), management studies), Moscow State Law Academy (specialization “Financial Law and Accounting”), Higher School of Economics (Specialization “Financial Management”). Has diplomas in the field of compliance: ICA International Diploma in Compliance (with distinction), ICA Professional Postgraduate Diploma in Governance, Risk and Compliance. Professional membership of the ICA (FICA). Provides legal/compliance support to financial institutions since 1997. Has experience in preparing draft federal laws and other regulations in the field of financial markets and taxation. Worked in the Russian regulator (FSFM of Russia). Best teacher at the Higher School of Law of the National Research University Higher School of Economics – 2017.

Shumanov Ilya Vyacheslavovich

Deputy general director"Transparency International - Russia"

On March 29, students of the Chief Compliance Officer program at the National Research University Higher School of Economics got acquainted with the Legaltech products of the compliance manager “Antirutin” and Check4Trick.

Studying the experience of organizing compliance in SBERBANK CIB.

On February 15, students of the HSE Chief Compliance Officer program got acquainted with the compliance organization at SBERBANK CIB.

For the first time in Russia, the HSE University has completed a business education program in the field of compliance management

The Higher School of Law of the National Research University Higher School of Economics awarded diplomas of professional retraining to the first Russian compliance managers.

Professor Thomas Krüssmann will head the International Supervisory Board of the Higher School of Law of the National Research University Higher School of Economics

One of the world's leading specialists in the field of Eastern European law, Professor Thomas Krüssmann - Doctor of Law (Dr. Iur., University of Hamburg, Germany), Doctor of Habilitate in Eastern European Law (University of Passau, Germany), LL.M in Commercial and Corporate Law (King's College, London, UK) will head the International Supervisory Board of the Higher School of Law of the National Research University Higher School of Economics.

The 1st International Conference “Compliance Management: Trends, Challenges, Solutions” ended at the Higher School of Law of the National Research University Higher School of Economics.

The conference was attended by students of professional retraining programs “Compliance Management”, “Director of Legal Services”, members of the alumni club of the Higher School of Law

The digital economy requires a new legal reality

Director of the Higher School of Law, full professor at the National Research University Higher School of Economics D.L. Kuznetsov took part in the session “Labor Relations in the Digital Economy” of the Russian Investment Forum “Sochi 17”.

Representatives of the Higher School of Law joined the Expert Council of the State Duma Committee on Education and Science

By decision of the Committee on Education and Science of the State Duma Federal Assembly of the Russian Federation on November 29, 2016, the director of the Higher School of Law, Doctor of Business Administration, full professor at the National Research University Higher School of Economics became deputy chairman of the Expert Council on additional vocational education and corporate training, additional adult education under the State Duma Committee on Education and Science

Our Company's leading position in the market is largely determined by the scale and turnover of its activities, dynamic development and constant differentiation of products and services for subscribers. However, to be a successful company today, it is not enough to strive only to improve investment and operational efficiency. The fame of our Company obliges us to provide it with the best possible business reputation as a socially responsible organization to the state, our subscribers, shareholders, partners, all interested parties and society. For several years, MTS has been actively developing a corporate system for ensuring compliance with the requirements of applicable legislation and ethical business conduct - compliance.

On October 23, 2015, the first corporate Ethics and Compliance Day in the Company’s history was held. Employees from all regions of Russia took part in face-to-face and remote trainings organized by specialists from the Compliance Department and Macroregions, and received answers to their questions on ethics and compliance.

The Company adheres to the principles of compliance with the requirements of applicable anti-corruption legislation 1 and ethical business conduct in all types of business relationships and regardless of the country in the world in which the Company carries out its business activities. The Company enshrines the principle of non-acceptance of corruption in all forms and manifestations as daily activities, and in the implementation of strategic projects.

The compliance system at MTS PJSC establishes measures aimed at managing regulatory risks, improving the Company’s corporate culture, introducing and developing best corporate governance practices in the Company, as well as standards of responsible business conduct, based on the norms of applicable legislation, recommendations of regulatory authorities, and industry specifics and best practices in this area.

The compliance function is responsible for the development and implementation of an anti-corruption compliance program, managing conflicts of interest, and updating the provisions of the Code of Business Conduct and Ethics.

MTS PJSC has introduced the position of Director of the Compliance Department, directly subordinate to the President of MTS, who manages the construction and implementation of a full-fledged compliance function in MTS and its subsidiaries.

1 Anti-corruption legislation of the countries in which the Group operates, Foreign Corrupt Practices Act 1977, The Bribery Act 2010

Regulations

In 2015, the Code of Business Conduct and Ethics (hereinafter referred to as the Code) was updated. The Code should be considered as a document containing a minimum set of standards and requirements adopted by the Company in order to promote honest and ethical business conduct and prevent abuse. The Code defines the rules and standards that employees must adhere to in their daily work. In cases where the use of higher standards than is required in commercial practice, or a regulatory legal act of greater legal force under applicable law, is required, MTS will use such high standards.

The Code of MTS PJSC covers such topics as MTS and employees, MTS and clients, MTS and society, MTS and laws, Appeals and reports of violations of the code, which establish our responsibility to employees, subscribers, shareholders, partners and all interested parties, and the public. Changes to the provisions of the Code are made as necessary.

The provisions of the Code apply to members of the Board of Directors, management and all employees. All employees are responsible for compliance with the Code and are personally responsible for their actions. The standards of business conduct and ethics set out in the Code also apply to all companies included in the MTS Group.

The “Compliance with Anti-Corruption Laws” policy applies to all employees and senior management of the Company and is subject to mandatory review for all new employees.
Conflict of Interest Management Policy applies to all employees and senior management of the Company and is subject to mandatory review for all new employees. In 2015, the document was significantly improved, in particular, the concept of “close relatives” was clarified, the principles of conflict of interest management were supplemented with new ones, such as collegiality and deliberation, and the procedure for their implementation was also provided. The recommendations set out in the Letter of the Bank of Russia dated April 10, 2014 “On the Corporate Governance Code” were taken into account. A new annex has also been prepared with examples of conflicts of interest and optimal options their settlement.

Main elements of the compliance system

The Company's management actively demonstrates its commitment to the principles of compliance, and also supports efforts to implement and ensure the functioning of the corporate compliance system (tone from the top);
The company regularly carries out activities to identify and subsequently update corruption risks, paying special attention to risks specific to its activities, regions of presence, as well as potentially vulnerable business processes;
The Company develops and implements anti-corruption procedures that are reasonable and proportionate to the level and nature of the identified risks;
The Company implements and maintains a program to train its employees and members of management bodies in the principles and standards of compliance with applicable anti-corruption laws through a specially designed training system. Through information and training, the Company helps to improve the level of corporate culture, awareness of anti-corruption issues and ethical business conduct;
The company monitors the effectiveness of implemented procedures to prevent corruption, controls compliance, and, if necessary, improves them;
the Company has established criteria for determining the need to include an anti-corruption clause in the text of the contract, which take into account the level of risk both depending on the category of the counterparty and the type of relationship being established;
In order to minimize the risk of the Company's involvement in corruption activities, the Company has developed due diligence procedures both in relation to counterparties - legal entities (including participants in joint ventures, companies or associations) and in relation to individuals with whom the Company plans to enter into an employment contract or a civil contract. The verification procedure also applies in cases where the Company acquires a participation interest in any legal entities;
The Company has established a procedure for preliminary control, as well as a reporting system and subsequent analysis of the most risky transactions from a compliance point of view, including, but not limited to, in the field of donations, entertainment expenses, organization of events, corporate social responsibility, procurement, marketing, sales, M&A transactions, etc.;
As part of internal control procedures, the Company conducts inspections of the discipline of execution of the established procedure for carrying out business processes, including inspections of the legality of transactions with the Company’s assets;
The Company operates a “Unified Hotline” (the line of the internal control and audit unit [email protected]), to which employees can send messages about violations of the requirements of the Policies “Compliance with anti-corruption legislation”, “Managing conflicts of interest in MTS PJSC”. When contacting the United hotline» employees have the right not to indicate data (email address) for feedback. Bona fide applicants are protected by the Company from any form of harassment or discrimination.

Information and training

Employees are informed about existing policies at MTS upon hiring and signing an employment contract. The employee reviews the mandatory policies and regulations, including the Anti-Corruption Compliance, Conflict of Interest Management, and Code of Business Conduct and Ethics Policies, and signs the familiarization sheet, ensuring that all newly hired employees (100%) are informed.

All members of the governing bodies (affiliated with the corporate center in Moscow) are familiar with anti-corruption policies and methods, and also regularly participate in training sessions. The Company's management is annually certified for compliance with the Code of Business Conduct and Ethics and the Policy on Compliance with Anti-Corruption Legislation.

Contractors familiarize themselves with the MTS Code of Business Conduct and Ethics, the Supplier Code and the “Compliance with Anti-Corruption Legislation” Policy and sign a certificate, according to which they undertake to comply with the requirements of anti-corruption legislation, at the stage of submitting tender documents.

The Company has developed a value system on the basis of which a competency model has been built, including, since 2014, compliance competencies. The level of development of competencies is taken into account when assessing the performance of MTS employees along with the implementation of corporate KPIs and individual tasks. Competencies are described in terms of behavioral indicators that can be observed, measured and developed.

The Company has developed a compliance training system, which includes mandatory electronic courses and face-to-face training, as well as additional information sessions, speeches, participation in internal Company conferences on various aspects of compliance in order to maintain constant employee awareness of legal requirements, internal policies and procedures required to be followed by every MTS employee.

E-learning is represented by two trainings “Code of Business Conduct and Ethics” (launched in 2013) and “Compliance with Anti-Corruption Legislation” (launched in 2014), which are mandatory for all new employees, as well as every two years for all existing employees, regardless from their position.

The Code of Business Conduct and Ethics is fundamental training in compliance with the Company's rules and requirements, including anti-corruption requirements. In 2015 the course was updated in accordance with latest version Code, a new version The course was launched for all employees of the Company.

E-learning

The Compliance Department, together with the Corporate University Department, regularly monitors the timely completion of training by employees, informing the Company’s senior management. In 2015, only 2,385 people were trained at training seminars, including top management.

Results of the development of the compliance system in 2015

A project was implemented to independently assess the effectiveness of the corporate anti-corruption compliance system at MTS PJSC with the involvement of an external consultant. Its goal was to assess the compliance of the MTS anti-corruption compliance system with the requirements of the applicable anti-corruption legislation and the best global practices in the field of anti-corruption.

Within the framework of the project the following was carried out:

assessment of compliance system elements,
analysis of the effectiveness of control anti-corruption procedures and their actual implementation,
availability of system-forming documents on anti-corruption, “Tone from the Top” procedures.

A project was implemented for departments to independently assess compliance risks in their inherent business processes (bottom-up risk assessment) with methodological support from the Compliance Department. Based on the results of the project, the compliance risk map was updated, and controls were planned to be updated for two processes. The procedure for self-assessment of compliance risks by business units will become annual and will be automated.

A number of procedures important for the compliance system were revised and improved, regulatory documents were finalized, including proposals were developed to change the procedure for checking counterparties in order to optimize it and introduce a risk-based approach, the current version of the Code of Business Conduct and Ethics of MTS PJSC was updated, etc. .d.

Work continued to develop a culture of conscientious behavior and encourage calls to the hotline with reports of suspected violations. In particular, an initiative was implemented to hold the first corporate Ethics and Compliance Day.

Regular measurement of discipline in the execution of compliance procedures and controls has been organized through quarterly monitoring in high-risk areas. Compared to 2014, a downward trend in the number of violations was noted. During 2015, an inspection was carried out and expert review information in 28 situations regarding the presence of conflicts of interest (COI). 7 actual COIs and 9 potential COIs were resolved.

Work continued on the implementation of the compliance system in the new SDC “UMS” in Uzbekistan in accordance with the previously approved plan.

The active development of compliance systems in MTS subsidiaries and affiliates continued. The company pays special attention to the development of compliance in jurisdictions with high country risks. As part of the strategy for developing the compliance system throughout the MTS Group of Companies, companies newly included in the MTS Group are included in the implementation program.

Compliance Awards 2015

The director of the compliance department of MTS PJSC became a laureate of the ICA Compliance 2015 award in the category “For promoting compliance practice.” The achievements of MTS in the development and promotion of best compliance practices have received public recognition from experts of the International Compliance Association in Russia.

Compliance development plans in 2016

Implementation of advanced compliance practices, studying the successful experience of large international companies, analyzing the possibility and feasibility of their implementation in the MTS Group;
improving corporate culture and developing a degree of consciousness that would become a universal internal control of each employee when making business decisions (long-term goal);
implementation of projects to create and disseminate best practices:

Participation in the international Project Committee ISO PC/278 for the development of the international standard ISO 37001 Anti-bribery management systems;

Participation in the National Technical Committee for Standardization TC 123 on the development of GOST “Anti-Corruption Management of an Organization”;

Participation in the OECD and MICEX initiative to create and operate a club of companies for the development of corporate governance and business ethics;

ensuring compliance with ISO 19600 Compliance management systems: development of a unified compliance policy that consolidates a unified approach to compliance risk management, coordination of the construction and implementation of all compliance programs in accordance with a unified principle for building a compliance system;
full or partial automation of some compliance processes; optimization of the counterparty verification process.

Anti-corruption

In 2015, Russia improved its position in terms of corruption and scored 29 points, taking 119th place out of 168 possible, according to a study by Transparency International. Sierra Leone, Guyana and Azerbaijan demonstrated similar levels of corruption. “If we compare Russia’s current indicator with the result of previous years, the country’s overall indicator has changed by better side only by two points, and a significant increase in the ranking is associated with the dynamics of a number of other states,” the study says.

To reduce the level of corruption in the country, the consolidated efforts of the government, business and population are needed. We are convinced that you always need to start with yourself, and therefore MTS does everything possible to reduce corruption risks, introduces the most advanced anti-corruption measures, based on the norms of anti-corruption legislation of the countries in which the Company operates. The main documents regulating anti-corruption requirements within MTS are the Code of Business Conduct and Ethics and the Policy “Compliance with Anti-Corruption Legislation”. In addition, procedures to ensure compliance with anti-corruption legislation are enshrined in the Company’s business process regulations.

MTS has formed an anti-corruption compliance function aimed at implementing a compliance system that establishes standards for assigning personal responsibility for decision-making, including checking and evaluating actions for corruption, to the initiators themselves and their immediate supervisors.

Results of the development of anti-corruption practices in 2015

On March 19, 2015, MTS joined the Anti-Corruption Charter of Russian Business and was included in the Consolidated Register of Charter Participants.

The Anti-Corruption Charter of Russian Business was signed by the heads of the Russian Union of Industrialists and Entrepreneurs, the Russian Chamber of Commerce and Industry, “ Business Russia" and "OPORA Russia" on September 20, 2012 at the XI Investment Forum in Sochi with the participation of the Chairman of the Government of the Russian Federation D. A. Medvedev.

The essence of this document is the introduction by companies of special anti-corruption programs and practices that relate not only to the situation within companies, but also to relations with business partners and the state.

New versions of internal anti-corruption regulations were developed, approved and put into effect:

The “Anti-fraud” policy 1 establishes the basic principles of combating fraud, the legal and organizational framework for preventing, identifying, minimizing and (or) eliminating the consequences of fraud in MTS PJSC;
The regulation of the process “Studying information about counterparties” establishes the procedure for preparing and conducting the procedure for studying information about counterparties;
The regulations of the process “Conducting an Internal Investigation” determine the procedure for identifying events, circumstances, persons guilty of violating the requirements of labor and civil laws, and regulatory documents of the Company; signs of violations of the current criminal and administrative legislation of the Russian Federation, anti-corruption legislation and legislation on combating the use of insider information (insofar as it relates to the activities of the MTS PJSC Group of Companies and/or its employees), as well as antimonopoly legislation; identifying the causes and conditions that contributed to the commission of violations and causing material damage to the Company.

1 Fraud on communication networks is the deliberate activity of persons on communication networks, including fraudulent ones, for the unlawful receipt of services and use of resources of a client and/or telecom operator without proper payment, for unlawful access to proprietary information of the client and/or operator, including including for the purpose of generating income, as well as other actions aimed at causing losses or other harm to the client and/or operator. Such actions, for example, include cloning SIM cards, hacking equipment and generating traffic to international PRS directions, unauthorized access to personal accounts of subscribers for the purpose of withdrawing funds, and unauthorized termination of international traffic.

In the course of implementing the Policy “Compliance with Anti-Corruption Legislation”, the following activities were carried out.

Organizational and legal:

procedures for preventing corruption risks characteristic of the company’s activities have been improved;
inspections were carried out of areas of the company’s activities associated with the greatest corruption risk;
there was regular interaction with the compliance and control departments;
interacted with law enforcement and regulatory authorities on anti-corruption issues on a regular basis;

In the field of personnel policy:

additional checks of employees were carried out when considering appointment to senior management positions;
polygraph tests were carried out on employees involved in procurement, as well as when filling positions most exposed to the risk of corruption;

During the reporting period, no facts of corruption were identified in MTS. There are no legal actions related to corrupt practices against MTS or its employees.

In the field of procurement and property management:

provided support and control of competitive procedures, contractual and procurement activities;
audits of financial and economic activities, execution of contracts and investment projects were carried out;
checks carried out financial condition counterparties when carrying out procurement procedures, in order to identify signs of a conflict of interest, minimizing the number of purchases from a single supplier;
an audit of the use of property, including real estate, for statutory purposes was carried out.

In the field of operations on financial markets:

Regular monitoring of compliance with the requirements for access to insider information and information constituting a trade secret was carried out.

Preventing corruption in charitable projects

MTS implements charitable programs in accordance with the Policy “MTS Activities in the Field of Charity” and the regulations of the process “Organization and implementation of charitable projects.” These documents indicate the basic principles of planning and implementing activities in the field of charity, including the principles of compliance, as well as the procedure necessary for organizing and conducting charitable projects at the federal and regional levels. It also contains a closed list of circumstances for providing charitable assistance, as well as requirements for necessary documents for detailed accounting of charitable expenses, including the requirement to provide a detailed report on the intended use of MTS funds.

To prevent corruption risks in the process of implementing charitable projects, the approval of all such projects is carried out in the Oracle E-Business Suite system, which ensures the participation of all obligatory parties in the approval chain. In the case of the implementation of charitable projects with the participation of government officials, coordination must also be carried out with the Compliance Department.

The Compliance Department also carries out post-monitoring of compliance with the procedure and requirements for the implementation of charitable projects as part of quarterly monitoring. If violations are detected, the Compliance Department informs the head of the contractor and makes recommendations on disciplinary measures in order to prevent violations in the future.

Communicating anti-corruption policies and practices

Before concluding a contractual relationship, all potential counterparties of the Company undergo a mandatory verification procedure, including to identify signs of compliance risks, and are also required to familiarize themselves with the MTS Code of Business Conduct and Ethics and the “Compliance with Anti-Corruption Legislation” Policy. To be allowed to participate in the Company’s procurement procedures prior to the conclusion of the Agreement, entity must fill out a Questionnaire revealing the aspects and extent to which he has taken into account applicable anti-corruption legislation.

Anti-corruption clauses when concluding contracts

Depending on the type of counterparty and the contract being concluded, we propose signing an additional agreement - an anti-corruption clause - in which we specify the counterparty’s obligation not to participate in corruption schemes. The rules for including an anti-corruption clause are spelled out in the “Organization of Contractual Work” regulations; they contain criteria that make it possible to determine the need to include clauses in contracts depending on the type of counterparty and the type of expense, as well as a description of the types of expenses themselves. Control over the inclusion of an anti-corruption clause is implemented within the framework of the Oracle E-Business Suite electronic contract approval system at the stage of creation of the contract by the contractor. Depending on the specified type of expense, the system automatically determines the need for such a clause in the contract. At the same time, we reserve the right for our counterparties to make changes to the anti-corruption clause or propose their own version, which is agreed upon with the Compliance Department.

In order to minimize the risk of the Company's involvement in corruption activities, MTS has developed due diligence procedures for counterparties - legal entities and individuals. A similar procedure is also applied in cases where the Company acquires a stake in any legal entity.

Plans for the development of anti-corruption policy

In 2016, work on further development anti-corruption policy will continue as part of the development of the compliance system. The improvement of standards and regulatory documents will continue in order to make business processes more transparent, as well as anti-corruption monitoring mechanisms aimed at improving the effectiveness of measures taken to prevent corruption in MTS.

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