TurkmenistanAshgabat Consulting Team (ACT) |
"No one is perfect,a team can be!" |
Chambers Global |
3rd floor, 77 Gorogly Str.
Altyn Asyr Business Center
Ashgabat, 744000
Tel/Fax: +993 (12) 357-618/19/20
Currently Turkmenistan has no specific laws or anticorruption regulations, however, certain regulations related to this issue exist. Hence, companies are recommended to develop and implement anticorruption corporate policy in accordance with current regulations of the legislation with more detailed policies developed by local legal counsel as well as in accordance with international standards.
The total value of gifts offered to the officials at different level (or Persons with managing functions) should be limited by the anticorruption corporate policy. Since there is no corporate liability for corruption under the country’s criminal code, it is advised that anticorruption corporate policy is mandatory for entire staff and is part of a Code of Conduct.
A gift of any value can be considered a bribe if the gift is in exchange for an action or omission in favour of the offeror. Therefore, at all times, it is highly recommended to avoid creating a perception that gifts are provided in exchange for an action or omission in favour of the offeror.
The provision of business courtesies to public servants, especially with respect to international and local travel and lodging, should be approached on a case-by-case and agency-by-agency basis. Generally, the best practice to minimise risk is to request formal approval from the superior government official or agency. Such requests should be made in writing and include a detailed explanation of the programme for the trip, and the expenses which are to be covered by the host.
Paid services which are rendered free of charge (e.g. recreational or tourist travel, travel tickets, performance of repair, restoration, construction and other works) may constitute a bribe. Hence, it is recommended to prohibit financing of such activities by companies’ staff to officials of any kind (including Persons with managing functions).