The document discusses anti-bribery management systems and the impact of organizational culture. It outlines that while legislation and standards like ISO 37001 exist, organizational culture is the key factor for successful implementation of an anti-bribery system. Without an anti-bribery culture established within an organization where values like integrity and transparency are lived out, corruption may persist despite other efforts. The document emphasizes that leadership must promote the right culture for an anti-bribery system to be effectively implemented.

1. Anti-Bribery
Management System
Daniel Maties
CEO of RQM Cert Romania
the impact of organizational culture
and its consequences

2. 2
Overview
Bribery and corruption is growing concerns for business all
over the world.
Corruption is a problem not only from an ethical
perspective, but also because of the risk of affected
business and financial implications.

3. 3
Anti-Bribery Management System
The impact of organizational culture and its consequences
 Global corruption today - organizations are applying
different business approaches to anti-bribery
commitment
 The management tools used by organizations to combat
bribery are considered to be as important as the formal
law and public enforcement.

4. 4
Anti-Bribery Management System
The impact of organizational culture and its consequences
Company
 Code of conduct,
 Compliance framework

5. 5
Anti-Bribery Management System
The impact of organizational culture and its consequences
In our company
“bribes are neither received nor given because our
employees respect the code of conduct or the
commitments made”

6. 6
Anti-Bribery Management System
The impact of organizational culture and its consequences
Most probably not.

7. 7
Anti-Bribery Management System
The impact of organizational culture and its consequences
The use of organizational development techniques,
inter-human, and group relationships to understand the
compliance system based on the international standard
“ISO 37001:2016 – Anti-bribery management systems –
Requirements with guidance for use” could be the key to
success in preventing acts of receiving and giving bribes.

8. 8
Anti-Bribery Management System
The impact of organizational culture and its consequences
 An organizational culture has a crucial role in creating a
favorable environment in which an anti-bribery program
will be implemented and managed successfully.
 Conducting an effective evaluation of the organization’s
culture, strategy, objectives, and procedures could help
improve and streamline approaches to the anti-bribery
management systems.

9. 9
Anti-Bribery Management System
The impact of organizational culture and its consequences
 If organizations are willing to recognize that bribery is a
problem of sustainability, they should aim to create an
organizational culture and a set of behaviors that would
reduce the risk of receiving and giving bribes.

10. 10
The ISO Survey Of Management System
Standard Certifications 2017
Standard
Number of
certificates in
2016
Number of
certificates in
2017
Change
Change
in %
ISO 9001 1 105 937 1 058 504 -47 433 -4
ISO 14001 346 147 362 610 16 463 5
ISO 27001 33 290 39 501 6 211 19
---- ----- ----- ----- ----
TOTAL 1 576 538 1 558 127 -18 411 -1

11. 11
Successful ABMS Implementation
ISO 37001 Legislation

12. 12
Legislation
The fact that there is
legislation condemning
corruption in all countries is
a certainty.
EU Member States have
already implemented anti-
bribery laws.
All EU Member States have
enacted anti-bribery laws
with heavy fines.

13. 13
Legislation
Country
Romania
Law 78/2000
Low 656/2002
Law 82/1991
H 583/2016 National Anticorruption Strategy 2016-2020
Austria Sec 307 of the Austrian Criminal Code (Strafgesetzbuch)
Albania
Criminal Code (Law no. 7895)
Criminal liability of legal entities (Law no. 9754)
Public collaboration in the fight against corruption (Law no. 9508)
Belgium Public Bribery (art. 246 & foll. Criminal Code)
Bosnia &
Herzegovina
Criminal Code of Bosnia and Herzegovina, Criminal Code of
Federation Bosnia and Herzegovina, Criminal Code of Republika
Srpska

14. 14
Legislation
Country
Bulgaria Criminal Code, Administrative Offences and Sanctions Act
Czech Republic Czech Criminal Code
Germany Criminal Code
Hungary
Act IV of 1978 on the Criminal Code
Act CIV of 2001 on Criminal Sanctions against Legal Entities
Italy Italian Criminal Code (ICC)
United Kingdom The Bribery Act 2010 (in force from 1 July 2011)

15. 15
Romanian National Anticorruption Strategy
2016-2020
Romania
A key role in guiding the prospects of deterring and
trackling the corruption phenomenon is played by the
National Anticorruption Strategy for 2016-2020.
The strategic intervention in terms of anticorruption has a
tripartite nature: prevention, education and combat.

16. 16
Legislation
All EU Member States impose
serious penalties on offenders and
receivers.
These include confiscation of the
benefits of the bribery, substantial
fines and prison terms.

17. 17
Legislation
Some also provide
additional penalties for
corporates. In Germany,
Italy, Spain and the UK,
infringing corporates can
be banned from public
contracting.

18. 18
Legislation
Other potential penalties include:
• withdrawal of public subsidies or funding
(Germany, Italy, Spain)
• disqualification from carrying on the business in which
the bribery occurred (France, Italy, Spain)
• withdrawal of licences (Germany, Italy)
• court supervision (France, Italy) and liquidation
(France, Italy, Spain)

19. 19
ISO 37001:2017 Requirements
1. Scope
2. Normative references
3. Terms and definitions
4. Context of the organization
5. Leadership
6. Planning for the Anti-bribery Management System
7. Support
8. Operation
9. Performance evaluation
10.Improvement

20. 20
ISO 37001:2017 Requirements
Clause 5 Leadership
5.1 Leadership and commitment
5.1.1 Governing body
A governing body (or top management if the organization does not have a
governing body) of an organization shall bemonstrate leadership and
commitment in respect to the Anti-bribery Management System by:
• Approving Anti-bribery policies of the organizations
• Ensuring that the organization”s strategy and anti-bribery policies are
aligned
• Receiving and reviewing information related to the content and operation of
the Anti-bribery Management System of the organization at planed intervals

21. 21
ISO 37001:2017 Requirements
Clause 5 Leadership
5.1 Leadership and commitment
5.1.1 Governing body
• Ensuring that adequate and appropriate resources are allocated and
assigned for an effective operation of the Anti-bribery Management System
• Ensuring that appropriate investigation and remediation actions were taken
into action and effectively documented
• Exercising reasonable oversight over the implementation of the
organization”s Anti-bribery Management System by top management and its
effectiveness

22. 22
ISO 37001:2017 Requirements
Clause 5 Leadership
5.1 Leadership and commitment
5.1.2 Top management
• Ensuring that the Anti-bribery Management System, including its policies
and objectives, is established, implemented, maintained and reviewed to
adequately address the organization”s bribery risk
• Ensuring the integration of the Anti-bribery Management System
requirements into the organization”s processes
• Deploying adequate and appropriate resorces for the effective operation of
the ABMS
• Communicating internally and externally regarding the Anti-bribery policy
• Communicating internally the importance of effective Anti-bribery
management and of conforming to the ABMS requirements

23. 23
ISO 37001:2017 Requirements
Clause 5 Leadership
5.1 Leadership and commitment
5.1.2 Top management
• Ensuring that Anti-bribery Management System is appropriately designed to
achieve its objectives
• Promoting an appropriate Anti-bribery culture within the organization and
continual improvement
• Supporting other relevant management roles to demonstrate their leadership
in preventing and detecting bribery as it applies to their areas of
responsability
• Encouraging the use of reporting procedures for suspected and actual
bribery

24. 24
ISO 37001:2017 Requirements
Clause 5 Leadership
5.1 Leadership and commitment
5.1.2 Top management
• Ensuring that no personnel will suffer retaliation or discriminatory or
disciplinary action for reports made in good faith or on the basis of
reasonable belief of violations or suspected violations of the organization”s
anti-bribery policy, or for refusing to engage in bribery, even if such refusal
may result in the organization losing business (except where the individual
participated in the breach)
• At plamed intervals, reporting to the governing body, on the content and
operation of the ABMS and of allegations of serious and systematic bribery.

25. 25
Successful ABMS Implementation
ISO 37001 Legislation
Do we have successful implementation?

26. 26
Successful ABMS Implementation
Is the requirements of chapter 5
Leadership from ISO 37001 is
enough for a succesful
implementation?
YES / NOT

27. 27
Successful ABMS Implementation
 Leadership
 Promoting an appropriate
Anti-bribery culture within
the organization (5.1.2)

28. 28
Successful ABMS Implementation
Did you see an
ABMS working?

29. 29
Successful ABMS Implementation
What is
going wrong?

30. 30
KEY FACTOR IS:
ORGANIZATIONAL CULTURE
Successful ABMS Implementation
!

31. 31
What is Organizational Culture
Organizational culture and leadership is the internal
atmosphere and mood among employees at a company
that is driven by management intentionally or
unintentionally.

32. 32
What is Organizational Culture
Organizational culture
encompasses values and
behaviours that "contribute
to the unique social and
psychological environment
of an organization".
From Wikipedia, the free encyclopedia

33. 33
What is Organizational Culture
According to Needle (2004), organizational culture
represents the collective values, beliefs and principles
of organizational members.
From Wikipedia, the free encyclopedia

34. 34
What is Organizational Culture
Organizational culture is a product of factors such as
history, management style and national culture;
culture includes the organization's vision, values, beliefs
and habits.
From Wikipedia, the free encyclopedia

35. 35
What is Organizational Culture
Organization culture is a set of shared values that
organization members have regarding the functioning and
existence of their organization.

36. 36
What is Organizational Culture
Flamholtz and Randle (2011) suggest that organizational
culture can be viewed as "corporate personality".
They define it as it consisting of the values, beliefs, and
norms which influence the behavior of people as members
of an organization.
From Wikipedia, the free encyclopedia

37. 37
Characteristics that capture the
essence of an organization`s
culture are:
Organizational Culture
• Solidarity
• Commitment
• Motivation
• Team
orientation

38. 38
Successful ABMS Implementation
Succesful implementation
ISO 37001 Legislation
Organizational
Culture

39. 39
Anti-Bribery Management System
The impact of organizational culture and its consequences
WE HAVE:
Anti-corruption legislation

40. 40
Anti-Bribery Management System
The impact of organizational
culture and its consequences
WE HAVE:
International Anti-Bribery
Management
Standard ISO 37001:2017

41. 41
Anti-Bribery Management System
The impact of organizational culture and its consequences
IF WE DO NOT HAVE:
Anti-Bribery organizational culture

42. 42
Anti-Bribery Management System
The impact of organizational culture and its consequences
We will have
CORRUPTION

43. 43
Anti-Bribery Management System
The impact of organizational culture and its consequences
PEOPLE
will fight continuously
against corruption