HOW TO APPROACH GOVERNMENT RELATIONS IN UKRAINE ?

The recent events in Ukraine have had a massive impact on business in the country. Companies are faced with many new risks, while at the same time encountering new opportunities. The staunch anti-corruption platform declared by Ukraine's President and government, following the EuroMaidan revolution, has provided a new approach for international and local businesses to deliver messages to Ukrainian authorities and lobby interests in a transparent and FCPA/UK bribery act compliant manner.

Here below is a 10 Step Guide on how to approach Government Relations in Ukraine

1. Clearly identify your government relations objectives: Draw up a distinct and tangible list of GR objectives for 12-24 months that would most assist your business and investment. Outline a wish list and draft in to a detailed plan, including opportunities and risks.

2. Know your key stakeholders: Stakeholder mapping is a traditional fine instrument used in GR practice. Know who are the decision makers, influencers, opponents, supporters. If in doubt on stakeholder analysis, contact your GR adviser.

3. Know the Anti-corruption legislation: Always be compliant with local laws and with FCPA (Foreign Corrupt Practices Act) and UK Bribery Act, including policy on gifts and entertainment. Clearly communicate a zero-tolerance approach throughout your organisation. You may be personally responsible for criminal prosecution if anti-corruption legislation is not fully adhered to.

4. Identify any/all past dealings with government officials: Discuss with lawyers and inform your compliance department, review any past and existing compliance issues and report immediately according to company procedures and local legislation.

5. Closely monitor ongoing challenges in legislation and policymaking relevant to your business: Implement early warning systems, in order to avoid any surprises. Look at opportunities of making your voice heard for changes in legislation.

6. Be active in demonstrating the value that you’re bringing to the country, economy and local community: Broadcast your CSR activities.

7. Make maximum use of industry associations, both local and international, and foreign embassy support in Kyiv. Engage the business ombudsman (soon to be appointed).

8. Work out and implement a clear and sustainable Communications Strategy, with clear messaging, delivery, including internal communications. Evaluate, in detail, pros and cons whether or not to go the press with any issue.

9. Build long term relationships with all stakeholders. Never keep all eggs in one basket, especially with coalition politics. Speak one language – constantly engage with stakeholders, define how and who will communicate with them. Many public officials now speak fluent English and are delighted to demonstrate this. Make sure not to embarrass those who don’t. Ascertain which language your stakeholder is most comfortable, or uncomfortable, speaking – Ukrainian, Russian or English.

10. Work with professional and reputable Government Relations advisers, offering first-rate local knowledge, advice and experience, while at the same time able to communicate with top global captains of industry and government. Local knowledge of the legal system and legislation drafting experience is extremely important. Avoid short term “fixers”.