Key Take aways -
» To successfully develop and implement an anti-corruption framework, an organization must have an excellent tone at the top.
» An anti-corruption framework must have a robust, clear, and comprehensive de nition section for any employee or vendor to refer to.
» Assess your organization’s culture with adequate risk assessments and take steps to mitigate problem areas.
» The degree of con dentiality and mechanism of reporting offered to employees will inform the level of trust those
employees maintain.
» Investigation procedures and disciplinary actions that an employee might face are indicators of an organization’s tolerance and intolerance toward misconduct.
The bribery act the changing face of corporate liabilityWhite & Case
Five years since its inception, the UK Bribery Act has
significantly raised the bar on corporate liability and
shaken up existing rules on tackling corruption.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Anti Corruption Laws in Asia Pacific - Overview and ComparisonCharlotte Lang
Corruption issues can have severe consequences for a business, aside from long-term reputational damage, investigation and conviction entail significant costs in management time, penalties and civil claims. Corruption investigations can also have a serious impact on a company’s M&A prospects.
Anti-corruption law enforcement is now significantly stronger in Asia Pacific. All international companies, and their senior management, are under increasing pressure to implement proper procedures to prevent corrupt behaviours when operating in the region. Using intermediaries, doing business with state-owned enterprises, or simply dealing with local business practices, all raise anti-corruption concerns that are particularly relevant in Asia Pacific.
All companies conducting business abroad should be concerned about compliance with
the Foreign Corrupt Practices Act (FCPA or the Act). Companies in certain industries
— like the aerospace and defense industry—due to the heavily regulated nature of the
industry and the level of interaction with foreign governments, are even more vulnerable
to FCPA liability than others.
The bribery act the changing face of corporate liabilityWhite & Case
Five years since its inception, the UK Bribery Act has
significantly raised the bar on corporate liability and
shaken up existing rules on tackling corruption.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Anti Corruption Laws in Asia Pacific - Overview and ComparisonCharlotte Lang
Corruption issues can have severe consequences for a business, aside from long-term reputational damage, investigation and conviction entail significant costs in management time, penalties and civil claims. Corruption investigations can also have a serious impact on a company’s M&A prospects.
Anti-corruption law enforcement is now significantly stronger in Asia Pacific. All international companies, and their senior management, are under increasing pressure to implement proper procedures to prevent corrupt behaviours when operating in the region. Using intermediaries, doing business with state-owned enterprises, or simply dealing with local business practices, all raise anti-corruption concerns that are particularly relevant in Asia Pacific.
All companies conducting business abroad should be concerned about compliance with
the Foreign Corrupt Practices Act (FCPA or the Act). Companies in certain industries
— like the aerospace and defense industry—due to the heavily regulated nature of the
industry and the level of interaction with foreign governments, are even more vulnerable
to FCPA liability than others.
Neill Blundell provides an update of recent bribery activity around the world and discusses whether it is a real issue for business or merely an overstated problem.
GLI - Global Legal Insights Ireland Bribery & Corruption 2017, 4th EditionMcCannFitzGerald
Megan Hooper, Heather Mahon and Imelda Higgins co-authored the Irish chapter of Global Legal Insights – Bribery & Corruption 2017; published by Global Legal Group Ltd, London.
Bangladesh should have similar anti bribe law to make the bribe payer be penalized and that: Business should have 'adequate procedures' to prevent bribery, hospitality, publicity, insider information, and donations to charity could all be considered as bribes in certain circumstances.
Global business attorney Vinita Bahri-Mehra presented this program to the Ohio State Bar Association’s “Leadership Academy” on Friday, January 22. She discussed the improving diversity statistics in central Ohio law firms, as well as her own experience as an Indian-born lawyer.
Vinita also laid out a four-part path to success for new lawyers, including (1) being true to one’s heritage, (2) creating a personal brand without compromising one’s cultural authenticity, (3) earning leadership roles in community and trade groups, and (4) balancing motivation with patience.
Ethics & Compliance - An Organizational OutlookM Ravish Malgi
This presentation briefly covers the difference between ethics & compliance and also gives a gist about their respective importance to the business world.
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
The Legal 500: Bribery and Corruption Comparative Guide 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Partners in the Commercial Litigation and Dispute Resolution Department and Co-heads of the Regulatory and Investigations Group, co-author the Ireland chapter for The Legal 500: Bribery and Corruption Comparative Guide 2018.
Anti-money laundering and financial crime risks are very topical issues for banks, both large and small. Recent events show the impact these issues can have on banks ranging from HSBC to Banca Privada d’Andorra. In its 2015/16 business plan, the Financial Conduct Authority has said that financial crime is one of its top seven risks, replacing rapid house price growth. We can expect to see sustained regulatory attention in this area.
Duff & Phelps’ Global Enforcement Review (GER) 2017, looks beyond just the words, policies and intentions of the world’s financial services regulators. Drawing from data published by the key regulators in the U.S., UK and Hong Kong, as well as commentary and insight from around the globe, this report examines those policies in practice: How they invest, when they act and what they do.
Neill Blundell provides an update of recent bribery activity around the world and discusses whether it is a real issue for business or merely an overstated problem.
GLI - Global Legal Insights Ireland Bribery & Corruption 2017, 4th EditionMcCannFitzGerald
Megan Hooper, Heather Mahon and Imelda Higgins co-authored the Irish chapter of Global Legal Insights – Bribery & Corruption 2017; published by Global Legal Group Ltd, London.
Bangladesh should have similar anti bribe law to make the bribe payer be penalized and that: Business should have 'adequate procedures' to prevent bribery, hospitality, publicity, insider information, and donations to charity could all be considered as bribes in certain circumstances.
Global business attorney Vinita Bahri-Mehra presented this program to the Ohio State Bar Association’s “Leadership Academy” on Friday, January 22. She discussed the improving diversity statistics in central Ohio law firms, as well as her own experience as an Indian-born lawyer.
Vinita also laid out a four-part path to success for new lawyers, including (1) being true to one’s heritage, (2) creating a personal brand without compromising one’s cultural authenticity, (3) earning leadership roles in community and trade groups, and (4) balancing motivation with patience.
Ethics & Compliance - An Organizational OutlookM Ravish Malgi
This presentation briefly covers the difference between ethics & compliance and also gives a gist about their respective importance to the business world.
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
The Legal 500: Bribery and Corruption Comparative Guide 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Partners in the Commercial Litigation and Dispute Resolution Department and Co-heads of the Regulatory and Investigations Group, co-author the Ireland chapter for The Legal 500: Bribery and Corruption Comparative Guide 2018.
Anti-money laundering and financial crime risks are very topical issues for banks, both large and small. Recent events show the impact these issues can have on banks ranging from HSBC to Banca Privada d’Andorra. In its 2015/16 business plan, the Financial Conduct Authority has said that financial crime is one of its top seven risks, replacing rapid house price growth. We can expect to see sustained regulatory attention in this area.
Duff & Phelps’ Global Enforcement Review (GER) 2017, looks beyond just the words, policies and intentions of the world’s financial services regulators. Drawing from data published by the key regulators in the U.S., UK and Hong Kong, as well as commentary and insight from around the globe, this report examines those policies in practice: How they invest, when they act and what they do.
Freescale Semiconductors, Inc.
Advanced Auditing
December 9, 2014
Threat of prison terms deter executives
Wide range in sentencing
Longer prison terms
No perfect answer
Additional laws and harsher penalties on financial fraud can eliminate or mitigate financial fraud.
Does the threat of prison terms deter executives from committing wide-scale financial frauds? In my opinion, yes and no.
An executive engaging in accounting fraud is typically not planning on getting caught. Therefore, stricter sentencing guidelines wouldn’t seem to have much of an impact on an executive’s thought as to not commit fraud. If an executive isn’t planning on getting caught, a potential prison term of 10 years versus five years is no different.
If the goal of sentencing is really punishment over deterrence, the longer prison sentences are meeting that goal. Society needs protection from these criminal minds who cause widespread financial damage to so many.
No perfect answer exists when it comes to white-collar crimes and prison sentences. The system is still evolving and will likely continue to do so for a long time to come. What is important to recognize is that white-collar crimes can have many victims and can cause widespread damage. For that, stiff sentences to punish and possibly deter the fraud perpetrators are necessary, and lawmakers should work to make those sentences fair and equitable.
2
SOX protection
Sentencing guidelines have changed dramatically
Is there still fairness
Powerful deterrent
Additional laws and harsher penalties on financial fraud can eliminate or mitigate financial fraud, continued
Since the corporate scandals the SOX Act of 2002 sought to protect retail investors from financial statement fraud. Sentencing guidelines have changed dramatically because of Sarbanes-Oxley. For example, wire and mail fraud previously carried maximum five-year sentences, and that was increased to 20 years under the legislation.
The increase in the length of sentences for white-collar crimes now puts many of these crimes ahead of crimes such as drug trafficking and manslaughter. Some question the fairness of this. While financial crimes can cost millions or billions of dollars, to some it still seems irrational to make those prison sentences harsher than the sentences for violent crimes. Others recognize the widespread financial devastation even one white-collar crime can cause, and hope that lengthy sentences will serve as a powerful deterrent.
3
Shallow sentencing should be examined closer
Limited resources tendency to focus on violent crimes
Direct involvement cooperation lighter sentencing
The publicity of fraud
Additional laws and harsher penalties on financial fraud can eliminate or mitigate financial fraud, continued
The fact remains that shallow sentencing should be examined closer. Lawmakers, judges, and prosecutors owe it to consumer and victims to work toward a system that is fair and equitable ...
This presentation was delivered at the ISO 37001 & Anti-Bribery PECB Insights Conference by Ralph Haddad, Global Compliance Leader at Anti-Corruption at CAE Inc.
Good day all,
Please find attached the September 2017 edition of our very informative Newsletter. Apologies for the tardiness.
We look forward to your continuing support and comments. Please send all comments and suggestions to training@kawmanagement.com or training.kawmgmt@candw.ag.
Happy reading.
IntroductionManaging human capital is a complex and tricky busin.docxmariuse18nolet
Introduction
Managing human capital is a complex and tricky business. What you want to do is hire talented people; you don't want to have to fire them; and you certainly do not want to find yourself discriminating against them.
Hiring discrimination has been around for decades in North America. Women and minorities have not had opportunities to join desirable institutions for decades. Although this still occurs, it is becoming less prevalent due to laws and regulations at the federal and state levels. Organizations owe it to themselves to hire the best and brightest, and more often than not, they do.
Hiring
Richard Florida, founder and director of the Software Industry Center at Pittsburgh's Carnegie Mellon University, is beginning to yield compelling theories about what draws talent to certain cities and how companies adapt to win these employees over. According to Florida, location, location, location is the key. Mapping out geography of talent, Florida discovered that the following is important to workers:
· Virtual communities just aren't enough - potential employees are seeking places with real assets.
· To become talent magnets, cities must have something for everyone.
· It's not just about stock options - people want job options.
· Diversity is the surest sign that communities and companies really get it.
· In a world where time is the only nonrenewable resource, people are seeking companies that conserve time - a place that has all the amenities.
Yes, location is important, but don't forget paying the appropriate salaries, outdoing the competition, and taking talented employees seriously.
Firing
Of all the actions that managers must undertake, firing can be the most difficult. One never knows how an employee will respond to his or her discharge, so it is very important to stay calm and get to the point quickly. Before firing an employee who has been with the company for a number of years, however, it is important to give the employee an opportunity to improve performance deficits. How long depends on company policy.
Can you fire an employee for any reason? No. Although the law gives a lot of leeway to employers, there is a limit. If an employee has an employment contract or if promises were made to the employee, then the contract controls when you may fire an employee for "good cause." A few examples of good cause include the following:
· poor job performance
· low productivity
· refusal to follow instructions
· habitual tardiness
· excessive absences from work
· possession of a weapon at work
· threats of violence
· violating company rules
If there is not such contract, you may fire an employee for any reason as long as it is not illegal, such as discrimination, retaliation, alien status, and violations of public policy.
Discrimination
Discrimination falls into a number of categories: race, gender, sexual orientation, religion, and age. According to the U.S. Department of Justice Civil Rights Division, it recommends th.
Brazil's Clean Company Act: Navigating Uncharted Waters. This document includes an overview of the law, key compliance measure, and enforcement expectations.
Achieve compliance with WCAG (Web Content Accessibility Guidelines) and ensure your website meets the highest accessibility standards, promoting inclusivity and providing equal access to all users with the expert guidance and solutions offered by ADA Site Compliance!
Financial Services Insight NYSDFS Whistleblowing Guidance - Sia PartnersDaniel Connor
Little did we know that the timing of publishing this article on new guidance from the New York Sate Department of Financial Services related to whistleblowing would be such a hot topic in the press....
The Bribery Act 2010 gained Royal Assent on 8 April 2010 and represents the most significant change in the UK government’s approach to tackling bribery and corruption for over 100 years. The Bribery Act 2010 replaces outdated legislation, bringing the UK in line with the OECD AntiBribery Convention and aims to make the UK a better place for conducting business.
The primary focus for companies is the new offence of failure by a commercial organisation to prevent bribery. All offences carry a maximum prison sentence of 10 years, with the exception of the offence relating to failure to prevent bribery, which carries an unlimited fine.
Where a director is convicted of bribery, they may also be disqualified from holding a director position for up to 15 years
The resolution of benchmark rigging cases is giving the world’s financial regulators space to pursue a widening range of enforcement priorities – and targets.
Navigating the Legal Landscape: Consequences of Non-Compliance with the Calif...Cedar Financial
Explore the significant repercussions of non-compliance with the California Rosenthal Fair Debt Collection Practices Act in this informative PDF. Gain valuable insights into the legal landscape surrounding debt collection in California, understanding the consequences for businesses that fail to adhere to the established regulations. This resource delves into the intricacies of fair debt collection practices, providing essential information for businesses, legal professionals, and anyone seeking a comprehensive understanding of consumer rights and compliance in the California financial landscape.
Similar to Key elements of an anti-bribery/anti-corruption framework (20)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Key elements of an anti-bribery/anti-corruption framework
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April2016
by Robin Singh, MSc-Law, MBA, CFE
A
nti-bribery statutes are enforced
in many nations across the world.
One of the most prominent
statutes is enforced in the United Kingdom
through the Bribery Act of 2010 and various
nineteenth century and twentieth century
laws. The United States of America
has enforced the Foreign Corrupt
Practices Act of 1977 (FCPA). Some
other countries with strong anti-
corruption frameworks in place are
Russia, Italy, Ireland, China, and
Brazil. Although the Netherlands
has not laid down a specific statute
against anti-corruption, its Dutch
Criminal Code (DCC) constitutes bribery
by a civil servant as a criminal offense
(Article 177, 177a, and 178 of Dutch Criminal
Code). These articles were specifically
introduced into the Dutch Criminal Code
as a compliance measure of the OECD
convention of 1997.
Top Nine elements of anti-bribery framework
The Bribery Act of 2010 in the United
Kingdom came into force on July 1, 2011. The
Act is a representation that strengthens the
position of the United Kingdom on corruption
and bribery and is a major milestone in the
development of anti-bribery legislations at a
global level.
Here are the Top Nine elements of
anti-bribery framework, according to the
UK Bribery Act.
1. Procedures should be proportionate:
Procedures that exist to prevent any act
of bribery should be proportionate to
the risk. Moreover, policies should be
accessible, clear, practical, enforced, and
effectively implemented.
Key elements of an
anti-bribery/anti-corruption
framework
»» To successfully develop and implement an anti-corruption framework, an organization must have an excellent tone at
the top.
»» An anti-corruption framework must have a robust, clear, and comprehensive definition section for any employee or
vendor to refer to.
»» Assess your organization’s culture with adequate risk assessments and take steps to mitigate problem areas.
»» The degree of confidentiality and mechanism of reporting offered to employees will inform the level of trust those
employees maintain.
»» Investigation procedures and disciplinary actions that an employee might face are indicators of an organization’s
tolerance and intolerance toward misconduct.
Singh
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Compliance&EthicsProfessional®
April2016
2. Commitment of top management: Top
management should be thoroughly
committed to confrontation of bribery
across the company. Management
should work towards creating a culture
where accepting or giving bribes must
be discouraged.
3. Risk assessment: While assessing risks,
both internal and external risks should
be considered. Regular risk assessments
should be performed and the results
should be documented.
4. Due diligence: The anti-bribery approach
has to be risk-based and proportionate.
Persistent efforts should be given by all
parties who are providing services for
the business.
5. Communication and training:
Procedures as well as policies should be
understood and embedded. Training that
is conducted should be in proportion
to risks and customized according to
specific needs. Unless you train, the
framework/policy is ineffective and you
can forget about getting compliance. Train
and carry out refresher trainings to make
it a success.
6. Internal audits: Internal audits should
be conducted according to documented
procedure to check the effectiveness of
anti-bribery procedures.
7. Monitoring and review: Evaluation is
essential to find out how effective the
procedures for bribery prevention are
in an organization and make changes
wherever necessary.
8. Reporting: It is a question that is
defined differently and offers a different
level of confidentiality depending on
the institution that is developing the
anti-corruption framework, such as
non-governmental or governmental
institutions can offer. Depending on
the type of reporting and the degree
of confidentiality, an organization can
proactively propose their assistance
as intermediaries in addressing
such offences.
9. Investigation & Discipline: The
framework should define an organization’s
zero tolerance towards such crimes
and the level of discipline to which an
organization is willing to go to set a lesson
and ingrain a culture of integrity.
Comparison between Chinese anti-corruption
laws and FCPA
Many people are under the impression that
all nations where they carry out business
transactions have anti-corruption laws similar
to those in their home countries. However,
such assumptions often lead to negative
consequences, especially if you are not
familiar with the legal system and cultural
practices of a country where you are currently
conducting your business. For example, if your
company has business interests in the People’s
Republic of China (PRC), you may have to
revisit your compliance program to make sure
that you are complying with China’s severe
and singular anti-corruption regulations. We
will now illustrate how the USA’s FCPA is
different from China’s anti-corruption laws.
One law versus a set of laws
FCPA provides the central set of guidelines
that are applicable for American companies
that do business overseas and with
international organizations that have their
presence in the U.S. The FCPA is a single
United States federal law, and its rules
for conducting international business
have simplified the processes that help in
ensuring compliance. In contrast, China’s
anti-corruption rules do not exist as a single
law. They are spread across various rules
and regulations that include the Anti-Unfair
Competition Law,1
Provisional Measures
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Compliance&EthicsProfessional®
April2016
on the Prohibition of Commercial Bribery,
PRC Criminal Law, and many other judicial
decisions and laws. Because each law’s scope
is to cover a certain aspect of corruption, a
specific compliance program needs to be
created especially for China that must cover
all the different laws that constitute the anti-
corruption rules of China.
Differences in
definitions
Anti-corruption
rules in the United
States are more
clearly defined than
in China as far as
the prohibition of
actions is concerned.
For instance, it is
stated by the FCPA
that giving gifts of
value or payments to
foreign officials, so
that their positions
can be used to secure a commercial contract
or bypass custom regulations, is prohibited.
On the other hand, anti-corruption laws
in China are not defined specifically. The
definition given is quite broad, because the
exchange of gifts is very common in China,
and a distinction between a gift and a
bribe with no expectations is quite tough to
make out.
Comparison between FCPA and
UK Bribery Act
Active and passive bribery
The UK Bribery Act prohibits active as well
as passive bribery, but the FCPA prohibits
only active bribery.
Bribery on a private level
The UK Bribery Act covers bribery even on
a private level, unlike the FCPA, although
such conduct may be prohibited by other
legislation in the U.S.
Bribery of foreign officials
To bribe a foreign official is considered an
offense by both the FCPA and the UK Bribery
Act. However, the FCPA defines a foreign
official in a broader manner than the UK
Bribery Act.
Intent
Under the FCPA,
one has to prove
that a person who
is trying to bribe
someone else is
doing so with a
“corrupt” intent.
This is not the case
in the UK Bribery
Act, where there
is no requirement
to prove an
improper intent.
What are the three top tests that a
compliance officer or an internal auditor
should follow?
The main reason to conduct substantive
testing is to detect red flag or potential
corruption violations. An internal audit
should not be treated as an investigation, but
as a process like any other process. If any red
flag or serious potential violation is detected,
protocol must be immediately put into place
for consultation. The following are some tests
that a compliance officer must follow for an
anti-corruption audit:
1. Risk assessment: The Audit/Compliance
Review should be based on an
organization’s risk assessment/fraud risk
assessment to concentrate on areas that face
elevated level of risks for bribery/corruption.
A compliance officer must test how effective
To bribe a foreign official
is considered an offense
by both the FCPA and
the UK Bribery Act.
However, the FCPA
defines a foreign official
in a broader manner
than the UK Bribery Act.
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the company’s existing controls are, in
comparison to the need derived by the
business. Furthermore, the controls can
be tested in relation to any international
leading practice which would befit the
organization.
2. Pre-site procedures and planning: Pre-site
planning procedures may include a
notification letter to the business units to be
audited; teleconferencing with management
to explain the aim of the audit process
and talk about potential corruption risks;
and requests for relevant information,
especially financial data so that the process
of choosing samples for testing transactions
can be started.
3. Fieldwork: In an anti-corruption audit,
fieldwork is conducted for one to two weeks
and includes onsite procedures at a business
unit. The focus of the fieldwork is to do a
compliance test for the different elements of
an anti-corruption compliance program and
to conduct substantive testing to detect red
flags or potential violations.
Top clauses to include in vendor contracts
To ensure compliance with the FCPA and UK
Bribery Act, it is important to identify high-risk
affiliates, subsidiaries, and personnel, including
consultants, agents, contractors, and employees
in a company. It should be understood that a
company is responsible for FCPA violations
that are committed by these stakeholders. Here
are some clauses that should be included in a
contract with your contractors or vendors to
avoid violation of FCPA:
·· A standard contract may include warranties
and representations;
·· A clause should mention your discretion
to terminate that contract if your partner is
found to violate the FCPA or the UK Bribery
Act; and
·· An indemnification clause can be also
included if a contractor or a vendor is
found to be a party in violation of the anti-
corruption/anti-bribery act.
Impact of data analytics for proactive
anti-bribery review
The regulatory environment has become quite
stringent in today’s business world, and all those
US firms that have global business interests are
under tremendous pressure to ensure that their
compliance programs on anti-corruption and
anti-bribery are improved. Potentially improper
payments that would expose the organization
to risks under the FCPA should be detected
and prevented. At many of the multinational
companies, senior management, boards, and
compliance audit committees are focused
towards anti-corruption compliance.
Anti-corruption and anti-bribery analytics
tests of controls incorporate concepts of big data
that can integrate data from multiple sources
(e.g., text mining, transactional data, and email
and social media) to isolate as well as prioritize
rogue activity and areas of risk. These anti-
corruption analytics can be used by executives
in reducing costs pertaining to compliance
fieldwork or internal audits. These analytics are
included in the risk assessment process to find
out which company locations should be audited,
rather than simply running the analytics.
Impact of anti-bribery framework on policies
The UK Bribery Act provides various
restrictions on the conduct of employees
in various situations while they deal with
stakeholders and government clients as part of
the anti-bribery provisions. A clear Standard
of Conduct (also called a Code of Ethics),
conflict of interest policy, and other anti-fraud
policies are required. If the employees are not
made aware of the various restrictions and
provisions of the Act, they may violate them
out of sheer ignorance. Thus, extensive training
on the complete scope of violations, along with
appropriate scenarios and examples, must be
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Compliance&EthicsProfessional®
April2016
given to staff that is in sync with their work
profiles. It is rightfully stated that creating
awareness is the first major step to complying
with this anti-corruption law.
Where does the legal element fit in an
anti-bribery framework?
The Compliance department works closely
with Legal Affairs to interpret/understand the
legal angle when carrying out an investigation.
Section 7 of the UK Bribery Act declares a
criminal offense in all those circumstances
where persons associated with a relevant
commercial organization have committed an act
of bribery in order to procure business for the
said organization. The guidance provided by the
Act and its implication must be understood well
in advance, such as understanding the meaning
of relevant commercial organization, business,
bribery, and associated person in relation
the evidence identified in the investigation.
Similarly, on the FCPA front, the legislative
history speaks of keywords such as willful
blindness, deliberate ignorance, and taking a
head-in-the-sand, which needs to be interpreted
in correlation with the evidence obtained. At
the end, a decision for prosecution should be
done on the merits of how strong the available
evidences are and whether it is really in the
interests of the public/organization/stakeholder
to prosecute. ✵
1. The Supreme People’s Court of the People’s Republic of China: Anti
Unfair Competition Law. Posted September 9, 2003. Available at
http://bit.ly/china-court
Robin Singh (robinsingh002@yahoo.com) is Corporate Senior
Compliance and Fraud Examiner at Abu Dhabi Health Services
Company in Abu Dhabi, United Arab Emirates. @drobinsingh
ae.linkedin.com/in/whitecollarinvestigator
www.advancedcompliancesol.com
Upcoming 2016 SCCE Web Conferences
4.13.2016 | Right to be forgotten, right
of erasure, so nothing left to chance?
• ROBERT BOND, Head of Data
Protection and Cyber Security Law,
Charles Russell Speechlys LLP
4.14.2016 | Preparing for a
Regulatory Exam of Your Organization:
Your Plan from Start to Finish
• CATHERINE COLYER, Chief Compliance
Officer Fair Lending Officer, Veterans
United Home Loans
4.28.2016 | Navigating the
Challenges of U.S. Export Controls
• JULIO FERNANDEZ, Principal
Consultant, Fernandez Export
Advisory LLC
5.31.2016 | Compliance Risk
Mitigation in Developing Economies
• IBRAHIM YEKU, Legal Counsel ,
Solola Akpana
Learn more and register at corporatecompliance.org/webconferences