ANTI-BRIBERY MANAGEMENT SYSTEMS
ISO 37001ANTI-BRIBERY MANAGEMENTSYSTEMSDr. J.P. MéanRoundtable for CompaniesKyiv– 19 May 2017JPM – 6.10.20161
On the road to a change of paradigm The managerial challenge: Creating A global compliance culture Based on integrity Capable of being communicated The legal challenge The responsibility of legal person Effective ethics and compliance program reduces culpability score for corporations (FCPA) Defense against failure to prevent bribery (UKBA) Failure to take all the reasonable organisational measures to prevent bribery is condition ofpunishability (Swiss Criminal Code)2
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Who is ISO? International Organisation for Standardisation Non-governmental, international Based in Geneva 163 national standards bodies Participate and vote in technical and policy meetings Adopt standards nationally Jordan Standards and Metrology Organisation JSMOJPM – 6.10.20164
Over 20’000 standards including:9001 Quality systems19600 Compliance26000 Social responsibility31000 Risk Management3166 Country codes4217 Currencies37001 Anti-bribery management systemsJPM – 6.10.20165
Project Committee 278 – PC 278 141 experts from 50 countries and 30 liaison representatives 6 meetings Preliminary meeting London – June 2013Madrid – March 2014Miami – September 2014Paris – March 2015Kuala – Lumpur – September 2015Mexico – June 2016JPM – 6.10.20166
Scope of the standard Bribery in private, public and not-for-profit sectors Active and passive bribery By or of the organization, its personnel or business associates Direct and indirect bribery Applicable to all organizations or parts of an organization regardlessof type, size and nature of activityJPM – 6.10.20167
Main elements of the anti-briberymanagement system Leadership Operation Tone from the topPolicyRoles and responsibilitiesAnti-bribery compliance functionDelegated decision-making Support Resources Competence CommunicationDue diligenceControlsBusiness associatesGifts, hospitality, donationsRaising concernsInvestigations Performance evaluation ImprovementJPM – 6.10.20168
What is new with ISO 37001? Builds on existing best practices Applicable globally More detailed than other tools Includes a comprehensive guidance document CertifiableJPM – 6.10.20169
Benefits of ISO 37001 Full guidance on anti-bribery management Flexible, risk based Assurance to management, investors business associates, personnelon bribery prevention Evidence of reasonable measures to prevent briberyJPM – 6.10.201610
Thank you!Dr. J.P. Meanhttp://anticorruptionexperts.comJPM – 6.10.201611
Benefits of ISO 37001 Full guidance on anti-bribery management Flexible, risk based Assurance to management, investors business associates, personnel on bribery prevention Evidence of reasonable measures to prevent bribery JPM –6.10.2016 10
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ISO 37001 is an anti-bribery management system (ABMS) standard for organizations. It specifies various anti-bribery policies and procedures which an organization should implement to assist it prevent bribery, and identify and deal with any bribery which does occur. It is published by the International Organization for Standardization (ISO .
bribery risks associated with the conduct of their business. The supplier must undertake a regular anti-bribery risk assessment in order to identify and mitigate the bribery risks associated with the conduct of its business. The supplier must ensure that all risks identified are managed and mitigated by the application of its anti-bribery controls. Due diligence The purpose of due diligence is .
Anti Bribery Management System (ISO 37001) . An anti-bribery management system (ABMS) designed to introduce an anti bribery culture within an organization and implement appropriate controls, which will in turn increase the chance of detecting bribery and reduce its
Bribery Act 2010, for offences committed on or after 1st July 2011. The Bribery Act 2010 reforms the criminal law of bribery, making it a criminal offence to: Give, promise or offer a bribe (s.1), and/or Request, agree to receive or accept a bribe (s.2). Corruption is generally considered to be an “umbrella” term covering such various activities as bribery, corrupt preferential treatment .
The Bribery Act 2010 – Quick start guide. 1. The Bribery Act 2010 modernises the law . on bribery. It comes into force on 1 July 2011. This document offers a quick guide to the things you need to know to prepare your business for implementation. The Government has also produced detailed guidance about the Act and the . procedures that organisations can put in place to prevent bribery, as .
n ISO 37001 cannot provide absolute assurance that no bribery will occur. But can help establish that organization has implemented reasonable and proportionate anti-bribery measures. n The risk of bribery is reduced and the playing field is levelled for organizations if certification to ISO 37001 is a project pre-qualification requirement.
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