It’s been four months since the ISO 37001 Anti-Bribery
Management Systems document was published.
It is not only very new, but also
questioned in terms of its value and importance.
It is a fundamental change that we finally have
international standard that can support us to certify our anti-bribery program.
You ask me why? I tell you that ISO 37001 can help your organisation not only to
achieve high standards and stronger compliance, but also can support to leverage
reputation.
In short ISO 37001 certificate can support in:
- Building holistic program and accurate documentation which is continually improved on all levels and across all functions of organisation
- Becoming first-to-market with certification in your country or industry.
- Creating strong mitigating factor for an organization in the event of a government action
- Ensuring that your program meets the Federal Sentencing Guidelines’ requirement of an effective compliance and ethics program
Why bribery is so widely discussed?
Bribery is a widespread phenomenon. It raises serious
social, moral, economic and political concerns, undermines good governance,
hinders development and distorts competition. It erodes justice, undermines
human rights and is an obstacle to the relief of poverty. It also increases the
cost of doing business, introduces uncertainties into commercial transactions,
increases the cost of goods and services, diminishes the quality of products
and services, which can lead to loss of life and property, destroys trust in
institutions and interferes with the fair and efficient operation of markets
(source: ISO 37001).
What government does about it?
There are a number of activities undertaken by international government
to address through international agreements such as the Organization for
Economic Co-operation and Development Convention on Combating Bribery of
Foreign Public Officials in International Business Transactions and the
United Nations Convention against Corruption. Apart from that there are number
of national laws to set up requirements and obligations on this issue. In most
jurisdictions, it is an offence for individuals to engage in bribery and there
is a growing trend to make organizations, as well as individuals, liable for
bribery.
What organisations can do about bribery?
The law alone is not sufficient to solve this problem. Organizations
have a responsibility to proactively contribute to combating bribery. This can
be achieved by an anti-bribery compliance programs and strong compliance
cultures.
ISO 37001 is to set up the tone of the proper management system to
mitigate bribery risks. This document is providing guidelines on structure for establishing
a culture of integrity, transparency, openness and compliance. The nature of an
organization's culture is critical to the success or failure of an anti-bribery
management system. This document reflects international good practice and can
be used in all jurisdictions. It is applicable to small, medium and large
organizations in all sectors, including public, private and not-for-profit
sectors. The bribery risks facing an organization vary according to factors
such as the size of the organization, the locations and sectors in which the
organization operates, and the nature, scale and complexity of the
organization's activities. This document specifies the implementation by the
organization of policies, procedures and controls which are reasonable and
proportionate according to the bribery risks the organization faces. Conformity
with this document cannot provide assurance that no bribery has occurred or
will occur in relation to the organization, as it is not possible to completely
eliminate the risk of bribery. However, this document can help the organization
implement reasonable and proportionate measures designed to prevent, detect and
respond to bribery. (based on ISO 37001)
What is the key to be compliant?
A well-managed organization is expected to have a compliance policy
supported by appropriate management systems to assist it in complying with its
legal obligations and commitment to integrity. An anti-bribery policy is a
component of an overall compliance policy. The anti-bribery policy and
supporting management system helps an organization to avoid or mitigate the
costs, risks and damage of involvement in bribery, to promote trust and
confidence in business dealings and to enhance its reputation.
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