Article 18 Prevention of Irregularities, Fraud and Corruption

18.1 The Russian Federation and the Member State shall immediately inform the Managing Authority and the Commission of any element brought to their attention which arouses suspicions of irregularities, fraud or corruption and of any measure taken or planned to deal with them.

18.2 The Russian Federation and the Member State shall ensure and check regularly through appropriate national procedures that the operations financed with the Programme funds have been properly implemented. They shall take appropriate measures to prevent irregularities and fraud and, upon request of the Managing Authority or the Commission, bring prosecutions to recover funds unduly paid.

"Irregularity" shall mean any infringement of the Agreement, implementing contracts, EU or national law resulting from an act or omission by anyone who has, or would have, the effect of prejudicing the funds of the Programme.

"Fraud" shall mean 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 Parties' financial contributions;

- non-disclosure of information in 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.

18.3 The Russian Federation and the Member State undertake to take every appropriate measure to prevent, detect and punish any practices of active or passive corruption during the implementation of this Agreement.

"Passive corruption" shall mean the 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, which has, or would have, the effect of harming the Parties' financial interests.

"Active corruption" shall mean the 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 Parties' financial interests.

18.4 If the Russian Federation and/or the Member State do not take appropriate measures to prevent fraud, irregularities and corruption within the Programme, the Parties that co-finance the Programme may adopt precautionary measures.