Firms struggle to combat corruption

Mining JournalĀ attended our debate on managing corruption risks in the extractives sector.

Miners are beefing up their compliance departments to cope with a plethora of newĀ anti-corruption lawsĀ from the US, UK and EU.

But many firms say itā€™s a struggle to comply with rules designed to root out bribery and malpractice in developing countries such as theĀ Democratic Republic of the Congo (DRC)Ā andĀ Guinea.

At a business ethics seminar at the House Lords, compliance officers at resources groups said Britainā€™s 2010 Anti-Bribery ActĀ  raised particular concern.

One controversial area of the act was linked to so-called facilitation payments, fees paid to officials to ensure the speedy delivery of goods and services.

ā€œThese payments are a cultural tradition in some places,ā€ said one speaker. Another said the only way to combat facilitation payments was to refer the issue to a very senior level in a host country, ā€œ in order to put the caseā€¦ a lot of this is about winning hearts and minds.ā€

The seminar also heard about the growing need to undertake due diligence on third party contractors. ā€œIn many countries where miners operate there is no Companies House to check and see if the presidentā€™s son is on the board. So it can be very hard to cover yourself,ā€ said one delegate.

Another speaker said companies “should be seen” to have taken steps to comply with requirements, and then choose firms on the basis of quality of service and price. ā€œCompliance is about more than ticking boxes,ā€ he said.

Leo Martin, director of business ethics advisers at GoodCorporation, says: ā€œCompanies need to go into these challenging parts of the world with their eyes wide open; ignorance of corrupt practices is no longer an excuse or an acceptable defence.ā€

November 12 2013