The Managing Authority (MA)/ Joint Technical Secretariat (JTS) as well as the participating countries of the Cross-Border Cooperation Programme 2014-2020 (Programme) are zero-tolerant to fraud and corruption and supports transparent financial and operational management of the projects implemented according to the applicable legal framework of the Programme.
As defined in Agreement on Financing and Implementation of the Programme (Art.18.2. of General Conditions), “fraud” means any intentional act or omission concerning:
- the use or presentation of false, incorrect or incomplete, statements or documents which has as its effect the misappropriation or wrongful retention of Programme co-financing parties’ financial contributions;
- non-disclosure of information on violation of a specific obligation, with the same effect;
- the misuse of such funds for purposes other than those for which they are originally granted.
Passive corruption means deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or for a third party, or accepts a promise of such an advantage, to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties, or would have, the effect of harming the financial interest of the Republic of Latvia, the Russian Federation or the European Union.
Active corruption is deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official, for himself or for a third party, to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties, which has, or would have, the effect of harming the financial interest of Republic of Latvia, the Russian Federation or the European Union.
Conflict of interests exists where the impartial and objective exercise of the functions of any person under a contract is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other shared interest with another person.
Irregularity therefore is any breach of the legislative acts of the Republic of Latvia, the Russian Federation, the European Union, documents of the Programme that regulate the management of the Programme, as well as grant contract resulting from the action or failure to act of the beneficiary and that has or might have a negative influence on financial contribution of the European Union, the Republic of Latvia or the Russian Federation to the Programme budget by charging unjustified item of expenditure to financial contribution of the European Union, the Republic of Latvia or the Russian Federation to the Programme budget.
Thus non-compliance with the applicable legal framework of the Programme may result in either irregularity or ineligible costs.
Responsibilities and anti-fraud measures
The participating countries of the Programme shall use all appropriate measures to prevent any irregularities, fraud and corruption and of any measure taken or planned to deal with them. In case of suspicions of fraud, it will be investigated in cooperation between Member States, the MA/ JTS and the European Commission where necessary. All the relevant national procedures shall be used to ensure that appropriate investigation and prosecution takes place.
In order to prevent and detect acts of fraud, corruption and any other irregularities and correct their impact on implementation of the projects co-financed by the Programme, the MA supports whistleblowing.
Therefore, the MA/ JTS urges anyone becoming aware of any element, which arouses suspicions of fraud or corruption and any other irregularities, to alert such case by e-mail firstname.lastname@example.org or by regular post to address Peldu street 25, Riga, LV-1494, Latvia without delay.
All information, received by the MA/JTS regarding suspicion of fraud, corruption or any other irregularity will be taken into account and investigated accordingly.
The identity of the whistleblower is protected.