Thursday, 23 February 2017

Should I get Anti-Bribery program certified? Is it worth it?

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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