Report violations in the public interest

EXTERNAL REPORTING

under the conditions of Law no. 361/2022 regarding the protection of whistleblowers in the public interest

A. GENERAL FRAMEWORK

Within the general framework governed by the current regulations regarding the protection of whistleblowers in the public interest, a natural person who possesses information, obtained in a professional context, regarding a violation that has occurred or is likely to occur, within the legislation that falls under the competence of the Guarantee Fund for the Rights of the Private Pension System, and who chooses, according to the law, the external reporting channel, can address F.G.D.S.P.P. using the reporting methods mentioned below.

F.G.D.S.P.P., through the designated person, examines and resolves external reports that only concern its area of competence. If the report concerns violations of the law that exceed the authority's competencies, it will be redirected for appropriate resolution.

Exceptions:

If the report concerns violations of the law that exceed the competencies of F.G.D.S.P.P., it will be redirected to a competent authority for resolution.

To benefit from protective measures, the whistleblower in the public interest must cumulatively meet the following conditions:

a) be one of the persons who makes reports in accordance with legal provisions and who has obtained information about legal violations in a professional context;
b) have reasonable grounds to believe that the information regarding the reported violations was true at the time of the report;
c) have made an internal report, an external report, or a public disclosure.

All reports are handled with confidentiality regarding the identity of the whistleblower and information that could directly or indirectly identify them, except in cases where the whistleblower expressly consents to the disclosure of this information.

B. EXTERNAL REPORTING CHANNELS

E-MAIL	Dedicated email address: avertizare@fgdspp.ro This channel represents one of the most secure ways to receive reports regarding legal violations and is managed only by the designated person, under the conditions and in accordance with the legal provisions regarding whistleblower protection in the public interest.
MAIL	Address for sending documents: Bdul Tudor Vladimirescu no. 22, Green Gate Building, 4th floor, postal code 050883, Sector 5, Bucharest. Recipient: Guarantee Fund for the Rights of the Private Pension System. Mandatory condition: the envelope must be sealed, marked “CONFIDENTIAL”, with the note: *“Report under the provisions of Law no. 361/2022, regarding the protection of whistleblowers in the public interest”. The whistleblower's identification data MUST NOT be mentioned on the envelope* (these should be included in the content of the document).
IN PERSON	Arrange a meeting with the designated person from Monday to Thursday, between 10:00 - 14:00 and Friday between 10:00 - 12:00. If the whistleblower wishes to report in the presence of the designated person, they can request a meeting using the following communication channels: The request must contain a minimum of contact information (name and surname, email address, phone number) required by the designated person to organize a meeting at the F.G.D.S.P.P. headquarters. The aspects communicated to the designated person will be audio recorded only with the express consent of the whistleblower. If consent for audio recording is not given, the information presented will be recorded by the designated person in a written report, subject to the consent of both parties with their signatures. In the absence of consent, the request will be made in writing, on paper or electronically, to the dedicated email address.

C. WHAT THE REPORT SHOULD CONTAIN

The report must include, at least, the following information:

- name and surname;
- contact details;
- the professional context in which the information was obtained;
- name and surname of the person involved, if known;
- description of the act that may constitute a violation of the law;
- evidence supporting the report, if applicable;
- indication of other people who are aware of the event;
- any documents or other evidence available to support the information provided (e.g., written documents, such as notes/reports/invoices/other financial documents/etc.);
- any other information that may help identify the reported act;
- date;
- whistleblower's signature.

Exceptionally, a report that does not include the name, surname, contact details, or the whistleblower's signature will be examined and resolved to the extent that it contains credible indications of legal violations.

D. COMMUNICATIONS

Within no more than 7 calendar days from the registration of the report, the designated person will send an acknowledgment of receipt.

If additional clarifications are needed regarding the reported situation, the designated person will send a request through the same communication channel (if another channel was not specified in the report).

The designated person informs the whistleblower about subsequent actions, within no more than 3 months from the date of acknowledgment or if the acknowledgment was not confirmed, after the expiration of the 7-day calendar period from the registration of the report, as well as later, whenever there are developments in the subsequent actions unless such actions might be jeopardized.

E. REPORT CLOSURE

If the report is submitted anonymously or does not contain sufficient information to allow for its analysis and resolution, and no response is provided to the request for its completion within 15 days, it will be closed, and the closure decision and the legal basis for the closure will be communicated.

The report will also be closed if, after preliminary analysis, it is found that it does not fall within the scope of legal provisions regarding the protection of whistleblowers in the public interest or if the person who submitted the report does not have the status of a whistleblower in the public interest.