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9-22-11 Anti-Bribery and Corruption Prevention
The document discusses the growing risk of bribery and corruption offenses and outlines an anti-bribery and corruption training program. It notes that bribery and corruption fines have increased significantly in recent years. It then describes a flexible online training program with multiple courses that can be tailored to focus on the Foreign Corrupt Practices Act, UK Bribery Act, or both. The training is designed to help organizations mitigate risks and demonstrate having adequate procedures to prevent bribery.
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9-22-11 Anti-Bribery and Corruption Prevention
- 1. Fight Skyrocketing CorruptionRisk with Training: A Guided Tour of ELT’s All-New Anti-Bribery & Corruption Series
- 2. Reid Bowman GeneralCounsel of ELT. Close to 30 years of HR, labor & employment law, and compliance experience, primarily working with multi-state and global employers. Designs strategic ethics, wage & hour, discrimination prevention, and employment law compliance programs.
- 3. Scott Schneider Directorof Compliance Over 10 years experience representing aerospace industry in environmental and compliance matters. Over 10 years of experience helping employers roll out organization-wide online ethics and compliance programs.
- 4. Agenda for Today’sMeeting Introductions Legal Drivers Demonstration Q&A
- 5. Has your organizationidentified bribery and corruption as emerging risk areas? Yes It hasn’t, but it should No I don’t know A Question For You
- 6. A Growing RiskWage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party Legal Drivers ↑ Greater Enforcement in the US ↑ Dodd-Frank “Bounty Hunters” ↑ New Laws in the United Kingdom New Awareness Big fines for companies Jail time for individuals, including senior leaders
- 7. For Example: FCPARisk in 2010 Wage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party $1.8 Billion in fines and penalties in 2010! Department of Justice Investigations up by 3,250% in the last 7 years Big names in the news! Irreparable harm to brand and reputation
- 8.
- 9. International Legal DriversMany countries have at least some Anti-bribery & Corruption laws The Most Significant: Foreign Corrupt Practices Act UK Bribery Act
- 10. FCPA Prohibits briberyof public officials Limited Exceptions Facilitation (Grease) Pmts. Bona fide Pmts. Pmts. Authorized by Law Applies to: US-based companies Overseas companies doing business here Liable for the conduct of 3 rd Parties
- 11. How do OrganizationsGet in Trouble? Example: What is a payment? Buying lunch? Sending a birthday present? Example: Who is a government official? Payment to a political party? Contribution to the Minister’s favorite charity? State owned companies? Example: Is it a bribe or a facilitation payment?
- 12. What about Dodd-Frank?Creates an incentive for employees to go directly to the feds – up to 30% finders’ fee! While we think of Dodd-Frank as financial regulation reform… … the bounty hunter provisions expressly include violations of corruption laws (FCPA)
- 13. FCPA Compliance: Trainingis Critical Wage & Hour FCPA ∙ UKBA ∙ Global ∙ 3 rd Party Avoid up to 90% of fines and penalties under the Federal Sentencing Guidelines with: Comprehensive training Periodic , recurring training Reaching a broad audience Quality matters!
- 14. UK Bribery Act..GoesFurther than FCPA Prohibits all bribery – not just bribery of governmental officials Creates liability for failing to stop bribery from happening No exceptions Applies to: Any UK-based entity / Any entity doing business in the UK The subsidiary of any business based in the UK or doing biz there UK Citizens / Living in UK / Connection to UK Liable for the conduct of 3 rd Parties
- 15. The Good NewsOrganizations can avoid all liability by showing they had “ adequate procedures ” to prevent bribery in place Can be a complete defense Guidance from the Ministry of Justice expressly refers to training (and online training) as a necessary part of “adequate procedures.”
- 16. To Summarize… Bansbribery of public officials and private “commercial” bribery No Exceptions Training is necessary to show you had “ adequate procedures ” in place Bans bribery of public officials Limited Exceptions Training is necessary to mitigate damages under the Federal Sentencing Guidelines
- 17. Third Parties CanCreate Risk for Your Organization Distributors Local counsel Franchisees Contractors Agents Intermediaries Consultants Suppliers Joint venture partners Putting your organization’s reputation and bottom line at risk
- 18. Is your organizationcurrently conducting Anti-Bribery and Corruption training? Yes No, but we are considering it No I don’t know A Question For You
- 19. 4 Courses Tailoredto Your Needs The most innovative and flexible set of anticorruption training solutions on the market Anti-bribery & Corruption Courses Resources Designed to Meet Your Needs
- 20. 4 Courses Tailoredto Your Needs The most innovative and flexible set of anticorruption training solutions on the market Anti-bribery & Corruption Courses Resources Designed to Meet Your Needs
- 21. 4 Courses Tailoredto Your Needs Resources Designed to Meet Your Needs Focus on FCPA compliance and your FCPA policies ~60 minutes Optional UK Bribery Act content (10 Minutes)
- 22. 4 Courses Tailoredto Your Needs Resources Designed to Meet Your Needs Focuses on the UK Bribery Act and your organization’s anticorruption policies ~60 minutes Optional FCPA summary content (10 minutes)
- 23. 4 Courses Tailoredto Your Needs High level overview, summary of FCPA, UK Bribery Act and key conventions Focus on spotting and reporting ~30 minutes Resources Designed to Meet Your Needs
- 24. 4 Courses Tailoredto Your Needs Resources Designed to Meet Your Needs Train 3 rd parties Distribute your policies & procedures Obtain regular compliance certificates from 3 rd Parties ~30 minutes
- 25. 4 Courses Tailoredto Your Needs Resources Designed to Meet Your Needs The choices you need Tailor the message to the audience needs Resources that grow with your organization’s needs
- 26.
- 27. ELT’s FCPA BrandNew in 2011 ! New Media! New Video! New Stories! New Characters! New Course Features! New Characters!
- 28. 2 Learning ExperiencesFundamentals News Story MyReports Interactive Exercises +
- 29. Bringing the CorruptionFight to Life Fundamentals News Story The fight against global corruption Why it matters to your organization What learners can do to turn the tide The importance of seeking guidance and reporting Fundamentals News Story
- 30. Your Learners Jointhe Story MyReports Interactive Exercises Research Files Breaking News Poll Hot Topics The Wall The Interview Video Fact Check Quick Tips
- 31.
- 32. Choosing the RightResources Assess Your Needs and Risks Choose an Appropriate Resource Periodically Reassess Effectiveness Impact on Risk Legal and Regulatory Environment
- 33. Compliance is aProcess – Not an Event Demonstrate your attention and commitment to compliance and training Start! Do something! Don’t let the “perfect” be the enemy of the “very good”
- 34. Compliance is aProcess – Not an Event FCPA : your US-based workforce UK Bribery Act : UK personnel Global: Others around the globe, home office – one step back Third Party : overseas partners and agents
- 35. A Question ForYou How has Anti-Corruption training been conducted in your organization? Live training Online training We have never conducted anti-corruption training
- 36. Interested in ELT’ssolutions? [email_address] www.elt.com │ 877.358.4621 Additional substantive questions? [email_address] [email_address]
- 37.
Editor's Notes
- #29 Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?
- #30 Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?
- #31 Now lets turn our attention to the course itself. The Course comes in a manager and employee version that deliver two different learning experiences. All learners start out with a story-based section that provides foundational learning. We use a “news show” format that allows us to examine issues from every angle – we talk to victims of harassment, managers, coworkers. We use news story elements like “on the street” interviews, viewer diaries, and expert commentators to bring the story to life and show the impact of discrimination in the workplace. For employees, the course ends here and lasts approximately 1 hour. Managers go on to manager-only simulations. In this section, characters present your learners with real world problems drawn from Littler’s work with companies just like yours. New video elements really bring this section to life. Professional actors and actresses present realistic problems in a very compelling way. Your managers are asked to apply lessons from the first part of the course and resolve the problem. This section gives managers a chance to practice important skills. And where would you rather have your managers practice? In an interactive training course – or in your workplace with real employees?