Date post: | 16-Aug-2015 |
Category: |
Business |
Upload: | ethisphere |
View: | 35 times |
Download: | 1 times |
Chelsie ChmelaGlobal Events [email protected]
We encourage you to engage during the Q&A portion of today’s webcast by using the chat function located within your viewing experience.
HOST
QUESTIONS
RECORDING The event recording and PowerPoint presentation will be provided post event.
3
4
SPEAKING TODAY
Craig MossChief Operating Officer, CREATe.org
Leslie BentonVice President, CREATe.org
Anti-Corruption Compliance and Third Parties
Craig Moss, Chief Operating Officer, CREATe.org
Leslie Benton, Vice President, CREATe.org
6
Introductions and Agenda
• How to identify, assess and manage corruption-related risks
• Ways to address corruption risks associated with third parties
• Assessing the likelihood and consequences of corruption
• Processes companies should have in place to prevent corruption
Craig MossCOOCREATe.org
Leslie BentonVice PresidentCREATe.org
7
Center for Responsible Enterprise And Trade
Mission Global NGO dedicated to making leading practices in intellectual property (IP) protection and anti-corruption achievable for all companies
Services CREATe Leading Practices: online assessments, evaluations, e-Learning, advisory – available in Chinese, English, Portuguese and Spanish
Global Reach Working with companies in a range of industries in China, Brazil, India, Europe, Mexico, Japan, Singapore and the US
10
Impacts of Corruption
• Opens company to continued extortion
• Disrupts business operations
• Demands extensive management time
• Reputational harm
Business Financial & Legal• Cost and time of investigation
• Exclusion from bidding on gov’t & IFI contracts & export credit
• Insurance premium increases
• Money damages and financial loss
• Legal proceedings
• Insufficient third party resources for adequate indemnification
12
Anti-Bribery Laws• Two laws with broad extraterritorial reach:
• U.S. Foreign Corrupt Practices Act
• UK Bribery Act
• Other Laws
• Brazil’s Clean Company Law
• China’s Criminal Code
• Effect of Anti-Corruption Treaties:
• Most countries have anti-bribery laws on the books
• International Cooperation
• Mutual Legal Assistance
• Extradition
Brazil
U.K.
Common Features of Anti-Bribery Laws
• Extra-territoriality
• Criminal and civil offenses
• Payment through third parties
prohibited
• Corporate liability
• Individual liability
• Covers bribery to foreign
government officials (and may
cover domestic/commercial
bribery)
3
Who is a Third Party?Third parties can include:
• Agents
• Consultants
• Distributors
• Resellers
• Dealers
• Government service providers
• Transportation companies and freight forwarders
• Attorneys and accountants
• Joint venture partners
3
Third Party Management
Risk Assessment Communicate to Third Parties
Consult Local or In-House Counsel regarding Local
Law
Collect Data
Validate Information Identify Red Flags
Assess & Resolve Red Flags
Perform Necessary Follow Up
Monitor
3
Third Party Red Flags
• Reputation for unethical conduct
• Terminated by other companies
• History of civil or criminal actions
• Lack of experience in field
• Recommended by an official
3
• Refuses to identify owner
• Refuses to sign a contract
• Refuses to make compliance representations and warranties
• Refuses to agree to audit rights
• Refuses to provide invoices and document expenses
Due diligence/contracts Background Behaviors
• Major political contributor
• Unusually high commissions
• Substantial upfront payments
• Insists on cash payments
• Insists on payment in unrelated country or to a third party
18
Assess & Resolve Red Flags
Discuss situation with company to get more information
Review validation steps you have already taken
Strengthen contracts
Obtain frequent written verification of compliance
More frequent monitoring and/or auditing
Unannounced spot-checking
Provide training and capacity building
19
Top TipsDo your Due Diligence
Use Contracts Wisely
• Define compensation; get warranties; add training requirements; create metrics; get audit rights; put remedies in contracts
Communicate and Train
• Train employees; communicate and train third parties; in high risk markets – training, capacity building and technical assistance
Monitor
• Complement formal audits with annual health checks; conduct unannounced visits; watch books; conduct transactions test
Enforce and Improve
• Act quickly to fix problems using remedies from contract; consider termination; conduct root cause analysis; improve processes
21
What is a Compliance Management System?
“Trained committed people routinely following procedures”
• A Resource Guide to the U.S. Foreign Corrupt Practices Act
• U.K. Bribery Act 2010 Guidance
• Good Practice Guidance on Internal Controls, Ethics, and Compliance
• Partnering Against Corruption – Principles for Countering Bribery
• Fighting Corruption in the Supply Chain: A guide for Customers and Suppliers
• and others
6
Anti-Corruption Compliance Guidelines
23
What Systems Should You Have in Place?
Anti-Corruption Compliance Team
Scope & Quality of Risk Assessment
Management of Supply Chain
Training & Capacity Building
Monitoring & Measurement
Corrective Actions & Improvements
Policies, Procedures & Records
An effective anti-corruption compliance program includes 7 key categories:
7
Five Levels of Maturity for Each Category
5 Mature system covering all anti-corruption issues and focused on continual improvement
4 Systems are well developed and implemented
3 Systems approach; inconsistent implementation and monitoring
2 Limited, reactive systems
1 Little or no awareness or repeatable processes
25
Online Q&A:
Measures maturity of systems in all categories
Rates maturity on a scale from 1 to 5
1Self-Assessment
2Independent Evaluation
3Improvement Plan
CREATe expert evaluation:
Qualifies self-assessment
Reviews documentation
Generates verified score
Based on rating, company receives:
Improvement steps
Benchmarking report
Measure Improve
www.latinamericaethicssummit.com
June 17-18, 2015 – Rio de Janeiro, Brazil15% off Discount Code: WEBCAST15
This webcast and all future Ethisphere webcasts are available complimentary and on demand for BELA members. BELA members are also offered complimentary registration to Ethisphere’s Global Ethics Summit and other Summits around the world.
For more information on BELA contact:
Laara van Loben SelsSenior Director, Engagement [email protected]
Business Ethics Leadership Alliance (BELA)
Thursday, June 11 at 1:00 p.m. ET
How Better Reporting Changes the Game for Compliance
All upcoming Ethisphere events can be found at:http://ethisphere.com/events/
PLEASE JOIN US FOR