GoodCorporation has developed a number of services to help companies comply with international anti-corruption legislation, in particular the UK Bribery Act and the Foreign Corrupt Practices Act (FCPA). In order to be fully protected, businesses need to have Adequate Procedures in place to prevent corruption. This needs to be rigorously monitored by an effective compliance programme in order to comply with legislation and also the US Federal Sentencing Guidelines and UK best practice, as specified by the US Department of Justice.
GoodCorporation’s Anti-Bribery & Corruption Framework is based on best practice and can be used by organisations as a basis for designing, strengthening or evaluating adequate procedures to prevent corruption. It includes input from the OECD, Transparency International’s checklist, Federal Sentencing Guidelines, Ministry of Justice Guidance on the UK Bribery Act and the Basel Institute of Governance.
It addresses corruption risks broadly covering conflicts of interest, transparent purchasing, ethical risks in sales and marketing, relationships with the public sector, management processes as well as facilitation payments and other bribes.
The framework aims to ensure that adequate procedures are in place. Its core principles reflect global ABC legislation and cover:
- Top-level commitment
- Communication and training
- Risk assessment
- Due diligence
- Key business functions
- Compliance and monitoring
The practices contained in the Framework apply to any business or organisation. For companies that already have their own anti-corruption policy, or share an industry-wide one, the Framework can be customised to suit particular requirements.
Assessment against the GoodCorporation Bribery and Corruption Framework will give an independent view on how robust processes really are. We have used this methodology to assist companies facing prosecution or debarment to put anti-corruption procedures in place that meet the requirements of the Serious Fraud Office, Department of Justice or the World Bank. It will also assist with compliance against ISO37001 (see below). Where companies are facing debarment, GoodCorporation is able to provide a monitor or a monitor’s consultant. We also work with companies to provide reassurance statements for monitors evidencing that the monitor’s requirements are being met.
A report on our anti-corruption assessments can be found in our white paper Combating corruption: are businesses doing enough? which looks at the challenges companies face implementing robust adequate procedures.
Our Integrity Compliance Framework is used by clients working with multilateral development banks. These banks have a set of integrity and compliance requirements which focus on corruption, collusion, fraud and coercion. Assessments against our framework enables clients to review, evaluate and measure their compliance and integrity programmes to demonstrate the extent to which an appropriate regime is in place to meet the necessary requirements.
GoodCorporation has been working with international organisations since the start of the millennium to test the strength and effectiveness of their ethics and compliance programmes. Since the Bribery Act was passed, GoodCorporation has been testing the robustness of adequate procedures using the GoodCorporation Framework on Bribery & Corruption.
Using the results of these assessments, GoodCorporation has produced an adequate procedures benchmark. Companies can measure the effectiveness of their anti-corruption procedures directly or compared to other large international organisations.
La Loi Sapin
French anti-corruption law has been revised in responses to criticism from the OECD for France’s perceived failures in the prosecution of corruption.
The new legislation known as Sapin II introduces a tougher framework for the prevention and prosecution of corruption, placing a binding obligation on corporates to implement robust anti-corruption compliance programmes. Under the new law, french companies and groups will be expected to:
- Implement an anti-corruption code of conduct
- implement robust anti-corruption systems, controls and procedures
- operate an internal whistleblowing system
- conduct anti-corruption risk assessments taking into account geographic location and industry sector
- conduct due diligence on intermediaries, agents, partners, suppliers and other third parties
- implement accounting controls to ensure accounting systems do not conceal acts of corruption
- offer training programmes for executives and employees most exposed to corruption risks
- impose disciplinary sanctions for any breaches of the company’s anti-corruption procedures
GoodCorporation’s Référentiel Anti-Corruption has been updated to incorporate the demands of the new legislation.
Anti-Corruption Due Diligence
Under the Act, a company could be liable for the malpractice of third parties. GoodCorporation’s Due Diligence Framework and Anti-Corruption Due Diligence Services helps clients to manage this risk and implement appropriate screening of suppliers, contractors, intermediaries, agents and joint venture partners
The launch of ISO37001 was a significant step forward in the fight against corruption. Where organisations are looking for help in preparing for ISO37001, we can provide support and assistance to help identify gaps and strengthen procedures where necessary in readiness for the ISO assessment.
Where organisations want an alternative to certification, preferring an independent evaluation of how far they comply with the ISO standard, we can also provide this type of assurance statement