The Russian Federal Anti-Corruption Law No. 273 requires domestic and foreign companies operating in Russia to implement extensive compliance programmes; it specifically describes areas where companies should implement programmes to ensure compliance. The Law’s provisions can be considered to match the FCPA and go beyond the Bribery Act, for companies are not entitled to the ‘adequate procedures’ defence if a person commits acts of bribery on the company’s behalf.
Companies should assess their existing compliance programmes to determine whether they satisfy the standards outlined by Article 13.3 of the Russian Federal Anti-Corruption Law No. 273. If they are found lacking, existing programs should be supplemented to ensure compliance with Article 13.3. Companies are required to develop and implement the following compliance measures:
Designate departments, structural units and officers responsible for the prevention of bribery and related offences.
Adopt protocols on cooperating with law enforcement authorities.
Develop and implement policies and procedures designed to ensure ethical business conduct.
Adopt a code of ethics and professional conduct for all employees.
Create policies for identifying, preventing and resolving conflicts of interest.
Prevent the creation and use of false or altered documents, including with respect to financial statements.
Companies should also conduct due diligence and corruption risk assessments of business partners and third-party affiliates to make sure they are aware of, and comply with, all requirements set out by Russian law.