Corruption: An Impending Doom on Investments
Bribery and corruption are a form of abuse to the progress of the economy. It has far-reaching consequences that hinder the development of individuals, businesses and the nation. The impact of corruption and bribery go beyond discernment and can lead to financial losses, withdrawal of investors, dissuasion of shareholders, perpetuation of fraud, reputational damages, business inefficiency and numerous other factors that deter economic growth.
Business leaders have been constantly aspiring to bring their businesses to greater heights. A resilient foundation needs to be created in which every aspect of their work is accounted for, each part of their operations is monitored, and all kinds of procedures and processes are rationalised. If the corporation, community or country is not protected by the policies against bribery and corruption, then the evolution of the nation is deferred. This kind of negligence breeds bribery and corruption and corrodes the substance of the organisation. It decreases the fuel of the economy which is not only its people but the investments that improve the standard of living in the country.
It is true when they say that ‘beauty is in the eyes of the beholder.’ Corrupt countries are always viewed as less attractive to investors compared to nations that practice more transparency. Due to ambiguous government activities, investors enter the market through joint ventures with a local or existing company that understands regional rules and regulations and is able to assist them in the acquisition of local licenses and permits. Through the partnership, the local establishment prepares the foreign company to pass through the bureaucratic maze with ease and at a lesser cost in order to adapt to the local conditions of the nation.
The bureaucratic maze is a puzzle filled with many twists and turns. The size, employees, nature of business and economic circumstances affect the growth of the conglomerate. If not protected by secure laws, the company falls into the trap of defeat where the heads might give in to unreasonable demands which may be detrimental to the advancement of the establishment. The demand may be in the form of bribe or corrupt activity which poses a risk and is against the company’s vision. Thus, bribery and corruption have a negative impact on investments in the country which are distinguished by its kind, form, level and quality.
In short, foreign companies lack confidence in doing business in a new country or in a state where bribery and corruption are common. If the firm does not find a reliable local partner, stable resource or suitable support system, they are likely to pull out their investment and look for other partners or countries that will comply with their requirements. Hence, the local companies need to create a strong international ethical standard to boost the confidence of their potential partners for future business affiliations.
No individual, enterprise or economy is immune to bribery and corruption. Appropriate risk management measures need to be created that are on par with the demand of the global economy. The ISO 37001:2016 is an internationally recognised standard for the execution of an Anti-Bribery Management System (ABMS) that helps to combat illegal activities and prevent its repeated occurrence. It is a structural tool that is specifically formulated to strengthen organisation’s anti-bribery policies and procedures. An investment in the ISO 37001:2016 is equal to an investment in the organisation’s betterment which is one of the prime building blocks of the nation.
In the United Arab Emirates, CRI Group’s Anti-Bribery and Anti-Corruption (ABAC®) Center of Excellence is the only independent accredited certification body established for ISO 37001:2016 Anti-Bribery Management System, providing training and accredited certification.
Through the principles of detection, prevention and protection, ABAC Center of Excellence advocates stringent methods and rigorous initiatives to ensure the cooperation of top-level leaders and their affiliates. Having a global network of audit teams and subject specialists with training in risk management, financial controls, due diligence, investigative analysis and other assessment areas, ABAC Center of Excellence provides the best compliance framework to distinct organisations in any part of the world to sustain the future of the global economy.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Importance of leadership and culture for ABMS
There are many reasons why companies engage in corrupt practices; to win contracts, to speed up service delivery, to gain or retain political influence and so on. Nevertheless, all corrupt practices, in the end, are about gaining more money and more power. When justice is served the opposite happens. Share prices plunge, and leaders lose their power. Top 10 Bribery & Corruption Stories of 2020 (so far) or even last year’s Top 10 Bribery and Corruption 2019 Cases
Case Study: Samsung and laundering horses
Samsung Group’s third-generation leader, Jay Y. Lee has been accused of bribing Choi Soon-sil, a friend of former President Park Geun-Hye. Following Lee Kun-hee’s (Jay Y. Lee’s father), heart attack in 2014 it has been calculated that Jay Y. Lee would need to pay $6 billion in tax bills to be able to inherit his father’s shares and maintain control of Samsung. The company’s leaders have a standing history of tax aviation but up to now, the white-collar crimes have been pardoned by Park Geun-Hye and other South Korean’s Presidents. The easier option was to pay a bribe to orchestrate the merger of two divisions: Samsung C&T Corp., which is dedicated to construction and trading, and Cheil Industries Inc., which owned several entertainment properties. Upon completion, the merger would have given the Lee family more power over the entire Samsung Group.
Now that the plan was looking very promising, Jay Y. Lee used a living bribe to execute it. “The form of the alleged bribe was Vitana V, an $800,000 thoroughbred show horse, plus $17 million in donations to foundations affiliated with the friend, whose daughter was hoping to qualify for the 2020 Olympics as an equestrienne.” (Bloomberg, 2017).
Following the investigation, the situation took a significant downturn and Jay Y. Lee was sentenced to 5 years in prison. Chung Sun-sup, Chief Executive of research firm Chaebul.com said “The five-year sentence was low given that he was found guilty of all the charges. I think the court gave him a lighter sentence, taking into account Samsung’s importance to the economy.” It is, however, one of the longest given to South Korean business leaders. As for stock prices, they fell more than 1% the day after Jay Y. Lee was arrested and then a similar amount after the verdict. Samsung Group’s profit was not hurt but South Korea’s new liberal president, Moon Jae-in, has pledged to rein in the chaebols, empower minority shareholders and end the practice of pardoning tycoons convicted of a white-collar crime.
Case Study: Rolls-Royce and the $35 million in bribes
Another example of a company where corruption could equal to company culture is (or was – more on that later) Rolls-Royce plc. Between 2000 and 2013, the company conspired to violate the Foreign Corrupt Practices Act (FCPA) by paying more than $35 million in bribes through the third party to foreign officials to secure contracts. The Department of Justice (DOJ) reported that in Thailand, Rolls admitted to using intermediaries to pay approximately $11 million in bribes to officials at Thai state-owned and state-controlled oil and gas companies that awarded 7 contracts to Rolls-Royce during the same period. The way business was conducted in Kazakhstan, Azerbaijan, Angola, and Iraq did not differ. The corrupt practices were spread globally.
An event that coincides with the above is the appointment of Sir John Rose as Chief Executive of Rolls-Royce (1996 – 2011). In 2003 and before the company’s criminal activities came to the light, Rose was knighted. After the engineering giant admitted in a deal with US prosecutor that it had made corrupt payments, Labour is calling for Rose to lose his knighthood. Sir John Rose insists that he did not know of the corrupt practices. Let’s say that is the truth, did he not fail as a leader simply because of that?
> Learn more about the Rolls-Royce case study including how a full risk assessment would have mitigated the risk of corruption. Read more HERE or just DOWNLOAD NOW your FREE “Ethics, compliance & Rolls-Royce: Lessons Learned”
As a result of the scandal in 2016 Rolls-Royce has suffered the biggest financial loss in its history. Other factors include Brexit and drop of pound value, but the £671 charge for the penalties the company paid to settle bribery and corruption charges with Serious Fraud Office (SFO), the DOJ, and Brazilian authorities left a hole is Rolls’ accounts. Since then the company has a new management, and if their praised cooperation with SFO is an indication of the company’s culture shift, Rolls should not be in the news due to corruption scandals.
The answer to avoid failed leadership
Failed leadership is the obvious reason for the above bribery cases. ISO 37001:2016 Clause 5 Leadership outlines what is required from the top management in order be obtain ISO 37001:2016 Anti-Bribery Management System Certification. Information in ISO 37001:2016 standard is divided by verbal forms use; unsurprisingly shall indicate a requirement, should a recommendation, may a permission and can a possibility or capacity. Leadership is crucial for an anti-bribery management system to be effective and all points under Clause 5 Leadership are ‘shall’ requirements.
As illustrated in the standard: “For a compliance management system to be effective the governing body and top management need to lead by example, by adhering to and actively supporting compliance and the compliance management system.” Management has a number of other responsibilities which are outlined in the standard. There are responsibilities which are more obvious than others such as “ensuring that the anti-bribery management system, including policy and objectives, is established, implemented, maintained and reviewed to adequately address the organisation’s bribery risk” (5.1.2. a) and “deploying an accurate and appropriate resources for the effective operation of the anti-bribery management system” (5.1.2. c). There are also requirements which are not so obvious but just as important; “promoting an appropriate anti-bribery culture within the organisation” (5.1.2. h) and “promoting continual improvement” (5.1.2. i). These requirements highlight that obtaining ISO 37001:2016 certification is not just a box ticking exercise (contrary to what critics like to say). In order to obtain the certificate, a company needs to illustrate that compliance to anti-bribery is integrated within their business model and crucially, their culture. In practical terms that means that the tone at the top needs to align with ABMS and the message needs to be understood from the boardroom to the factory floor.
Leadership is one of the core seven elements of ISO 37001:2016. The remaining elements; the context of the organisation, planning, support, operation, performance evaluation and lastly improvement, will be discussed in the future. Watch this space.
ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
- We Welcome You To Have Free Gap Analysis of Highest Ethical Business Survey: prove that your business is ethical. Complete our FREE Highest Ethical Business Assessment (HEBA) and evaluate your current Corporate Compliance Program.TAKE THE GAP ANALYSIS NOW!
Find out if your organisation’s compliance program is in the line with worldwide Compliance, Business Ethics, Anti-Bribery and Anti-Corruption Frameworks. Let ABAC® experts prepare a complimentary gap analysis of your compliance program to evaluate if it meets “adequate procedures” requirements under UK Bribery Act, DOJ’s Evaluation of Corporate Compliance Programs Guidance and Malaysian Anti-Corruption Commission.
The HEBA survey is designed to evaluate your compliance with the adequate procedures to prevent bribery and corruption across the organisation. This survey is monitored and evaluated by qualified ABAC® professionals with Business Ethics, Legal and Compliance background. The questions are open-ended to encourage a qualitative analysis of your Compliance Program and to facilitate the gap analysis process.
The survey takes around 10 minutes to complete. ABAC® is powered by CRI Group – this GAP analysis will be performed by ABAC®
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- Bloomberg (2017) https://www.bloomberg.com/news/features/2017-07-27/summer-of-samsung-a-corruption-scandal-a-political-firestorm-and-a-record-profit
- Chaebul (2016) http://chaebul.com/chaebul/eng/engnews/eng_news_list.jsp?section=0000000106
- Financial Times (2017) https://www.ft.com/content/1b62c007-e846-3feb-b23f-2eae5f180fd7
- Reuters (2017) https://www.reuters.com/article/us-samsung-lee/samsung-leader-jay-y-lee-given-five-year-jail-sentence-for-bribery-idUSKCN1B41VC
- Web archive (2016) https://web.archive.org/web/20091224225422/http://www.rolls-royce.com/about/who_are/management/board/rose.jsp
- US Department of Justice (2017) https://www.justice.gov/opa/pr/rolls-royce-plc-agrees-pay-170-million-criminal-penalty-resolve-foreign-corrupt-practices-act
[/accordion_son][accordion_son title=”About CRI Group” clr=”#ffffff” bgclr=”#1e73be”]Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
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South Asia and CRI Group™ United for Against Bribery and Corruption
We recently launched a FREE publication “South Asia grapples with anti-bribery compliance”, which overviews anti-bribery, anti-corruption and ISO 37001 solutions in Malaysia and entire in South Asia. South Asia has a troubled record when it comes to preventing bribery and corruption, as well as enforcing compliance. Recent cases and statistics show that the problem persists in most countries in the region. Both government officials and private sector business leaders are struggling to adopt policies, control methods and best practices to help reduce bribery and corruption on their watch. High profile cases such as the 1MDB scandal in Malaysia and, more recently, the alleged Meikarta township case in Indonesia underscore this point. The investigations that were triggered by these cases demonstrate, however, that regulators are serious about addressing the threat of bribery and corruption as more than just a legal issue, but as a societal one, as well. In response, organizations that are committed to being in compliance are adopting the ISO 37001 – Anti-Bribery Management Systems standard as a comprehensive approach to mitigating risk.
To raise awareness on these issues, CRI Group™ is proudly supporting and encouraging anti-bribery and anti-corruption activities in Malaysia and worldwide. Last Tuesday, our ABAC™ Center of Excellence participated at a briefing session and discussed ‘The Importance of ISO 37001 ABMS’ at the Malaysia German Chamber of Commerce and Industry. ABAC™ shared insights on how to demonstrate resilience with ISO 37001:2016 ABMS Accredited Certification and its importance for organizations.
On Thursday of the same week, ABAC™ proudly supported at Malaysia Anti-corruption forum, themed ‘Understanding and Addressing the World’s Biggest Problem”, organized by International Strategy Institute (ISI).
As stated by ISI, “Corruption has undoubtedly been one of the most deep-rooted, pervasive problems that have crippled economies around the world. Even in advanced economies, authorities have not been able to quell corruption completely. The Corruption Perception Index (CPI) has last year ranked Malaysia number 61st out of 180 countries. Though this is way above notoriously corrupt countries in the Middle East, Africa, and some of its ASEAN neighbors, recent corruption cases have nonetheless propelled Malaysia into the global spotlight. With the establishment of the Malaysian Anti-Corruption Commission (MACC) and the newly launched National Anti-Corruption Plan (NACP), Malaysia is committed to tackle this problem head on.”
The speakers include International Strategy Institute professionals Fazil Irwan Som (Executive Director), Cheah Chyuan Yong (Chairman), YB Datuk Seri Saifuddin Nasution Ismail (Minister of Domestic Trade and Consumer Affairs Malaysia), and YB Dato’ Seri Anwar bin Ibrahim (President, Parti Keadilan Rakyat). The forum brought together all “concerned Malaysian citizens, government authorities, the media and the private sector to discuss, exchange ideas, and formulate key proposals” to tackle corruption.
Earlier this year, ABAC™ and CRI Group™ CEO Mr. Zafar Anjum spoke at MACC Seminar Benchmark on Governance, Integrity & Anti-Corruption, where he presented “Anti-Bribery Management System (ABMS 37001) Case Study and Implementation – UK Experience.” He provided an overview of ABMS 37001 Accreditation & Certification as an effective and “adequate procedure” for organisations.
During his speech, Anjum mentioned ABAC™ Certification as a tool for organisations of all types and industries to prevent bribery and corruption. ABAC™ serves as a global network of certified ethics, compliance professionals, qualified auditors, financial and corporate investigators, certified fraud examiners, forensic analysts and accountants to educate, equip and support the world’s leading business organisations with the latest best in practice due diligence processes and procedures.
Anti-bribery and anti-corruption efforts are top priorities in Malaysia. That’s why ABAC™ partnered with MACC, Transparency International Malaysia (TI-M), the Malaysian Anti-Corruption Foundation and the Malaysian Youth Council for “United Against Corruption” on International Anti-Corruption Day last year. The campaign raised awareness throughout Malaysia and beyond about risk factors facing businesses today.
The latest seminars provided a further means to disseminate critical information about ISO 37001 ABMS in Malaysia and the latest best practices for preventing and detecting bribery and corruption worldwide and in Malaysia.
Do you have the right processes and procedures in place to protect your organisation from bribery and corruption? Learn more about ABAC™ Solutions today.
About us…
Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group™ launched the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group™’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organizations. Contact ABAC™ for more on ISO Certification and training.
MEET THE CEO
Zafar I. Anjum is Group Chief Executive Officer of CRI Group™ (www.crigroup.com), a global supplier of investigative, forensic accounting, business due to diligence and employee background screening services for some of the world’s leading business organizations. Headquartered in London (with a significant presence throughout the region) and licensed by the Dubai International Financial Centre-DIFC, the Qatar Financial Center – QFC, and the Abu Dhabi Global Market-ADGM, CRI Group™ safeguard businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. CRI Group™ maintains offices in UAE, Pakistan, Qatar, Singapore, Malaysia, Brazil, China, the USA, and the United Kingdom.
Contact CRI Group™ to learn more about its 3PRM-Certified™ third-party risk management strategy program and discover an effective and proactive approach to mitigating the risks associated with corruption, bribery, financial crimes and other dangerous risks posed by third-party partnerships.
ISO 37001:2016 Standard: Who should get certified?
There is a new standard for preventing bribery in business: ISO 37001:2016 Anti-Bribery Management System standard was created by the International Organization for Standardization (ISO) to help companies worldwide increase and measure their efforts against bribery and corruption. This important new standard mirrors numerous steps contained in:
- The U.S. Foreign Corrupt Practices Act (FCPA)
- Good Practice Guidance on Internal Controls, Ethics and Compliance (OECD)
- Anti-Corruption Ethics and Compliance Handbook for Business (OECD)
- UK Bribery Act 2010
- The British Ministry of Justice’s Adequate Procedures document
ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, due diligence adequacy, financial and commercial controls, reporting, audit and investigation. But which types of organisations need this new standard? Read on to find out.
Corporate/private sector
In the present era of globalisation, anti-corruption compliance plays a vital role for companies with high ethical values trying to expand business across borders and attract potential investors and business partners for the long term. Such companies are expected to ensure not just the integrity of their own operations but also the conduct of their suppliers, distributors, and agents wherever they may be. Evidence of this comes from high-profile prosecutions of multi-national firms that are not only subject to significant fines but also risk loss of share value and reputation.
To meet these needs, the standard ISO 37001:2016 is designed to apply to all organisations (or parts of an organisation) regardless of type, size and nature of business activity. The program is tailored to the needs and requirements of the organisation.
Public sector organisations
Public sector organisations play critical roles, often interacting directly with the public they serve; they include utility service providers, license issuing authorities and other regulatory bodies. These are vulnerable areas where authority is concentrated with weak financial positions that must fulfil the needs of both the service provider and its users. Such public sector organisations can benefit from implementation of ISO 37001:2016 to control bribery and corruption for enhancement of their productivity level and play an improved role in the socio-economic development of their country.
Government departments
The government is a major stakeholder in socio-economic development of a country, hence it makes laws, regulations, and establishes departments to check and control bribery and corruption. Bribery damages economic growth and creates social problems, including depression, a sense of injustice and deprivation. However, in many developing countries, anti-corruption laws and regulations are either weak or implemented unevenly, providing no results. And government-led steps or campaigns to fight corruption remain ineffective, while bribes continue to be accepted as part of doing business. However, the menace of bribery and corruption can be mitigated through implementing ISO 37001:2016 standard, which provides safeguards within a management system, rather than temporary measures or mere slogans.
Get started today
In 2016, CRI Group launched ABAC® Center of Excellence (ABACGroup.com) – an independent certification body established for ISO 37001:2016 ABMS. The Center provides ISO 37001 training, and its certification services are accredited by the Emirates International Accreditation Center (EIAC).
Learn more about ISO 37001:2016 training and certification services with the ABAC Center of Excellence at ABACGroup.com.[/vc_column_text][accordion_father caption_url=””][accordion_son title=”About CRI Group” clr=”#ffffff” bgclr=”#1e73be”]Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.[/accordion_son][/accordion_father][/vc_column][/vc_row]
South Asia Grapples with anti-bribery compliance, ISO 37001 provides solutions
On the whole, South Asia has a troubled record when it comes to preventing bribery and corruption, and enforcing compliance. Recent cases and statistics show that the problem persists in most countries in the region. Both government officials and private sector business leaders are struggling to adopt policies, control methods and best practices to help reduce bribery and corruption on their watch.
High profile cases such as the IMDB scandal in Malaysia and, more recently, the alleged Meikarta township case in Indonesia underscore this point. The investigations that were triggered by these cases demonstrate, however, that regulators are serious about addressing the threat of bribery and corruption as more than just a legal issue, but as a societal one, as well. In response, organisations that are committed to being in compliance are adopting the ISO 37001 – Anti-Bribery Management Systems standard as a comprehensive approach to mitigating risk. ISO 37001 and its elements can be tailored to any type of organisation. It prescribes implementing an anti-bribery policy, appointing a person to oversee anti-bribery compliance, training, risk assessments and due diligence on projects and business associates. It also calls for implementing financial and commercial controls, and instituting reporting and investigation procedures.
Bribery Persists, With a Shifting Enforcement Landscape
While bribery and collusion appear to be decreasing slightly on a global scale, the unfortunate fact is that they remain steady in the South Asia (also referred to as the Asia Pacific) region. Other than New Zealand, Singapore, and Australia, who scored well in combating corruption, a majority of countries in the region are on the bottom half of the Transparency International Corruption Perceptions Index (CPI) spectrum. North Korea ranks the worst at No. 176. Cambodia ranks No. 161, Vietnam is 117, Thailand and the Philippines are tied at No. 99, and Sri Lanka and Indonesia are tied at 89, just to name a few. In an article presenting the latest rankings, Transparency International asserts that the region’s performance over the past three years indicates that “the Asia Pacific region is making little progress in the fight against corruption.” The report further states: “Why is Asia Pacific making little to no progress in its anti-corruption efforts? One of the reasons is an overall weakening of democratic institutions and political rights.”
This reputation for poor performance on the global stage of anti-corruption measures has spurred government initiatives in several jurisdictions to make new headway in efforts to combat bribery and corruption. Awareness of bribery and corruption is peaking and government leaders, by and large, do not want the perception of being on the wrong side of progress on this issue: “Corruption is one of the main obstacles to sustainable economic, political and social development, for developing, emerging and developed economies alike. Overall, corruption reduces efficiency and increases inequality. Estimates show that the cost of corruption equals more than 5% of the gross world product, which means estimated fraud losses of £3.65 trillion for 2019 – with over £829 million paid in bribes each year (World Bank). It is not only a question of ethics; we simply cannot afford such waste”.
Southeast Asia is seeing countries boost their efforts. This is evident to varying degrees in Vietnam, the Philippines, Cambodia, Indonesia and others – though, as the Transparency International report shows, there is much work to be done. Farther East, South Korea experienced recent high profile corruption scandals, which led to massive public protests and the swift impeachment and prosecution of its President, Park Geun-hye”. Three years ago, South Korea passed the sweeping Improper Solicitations and Graft Prohibition Act, better known as the “Kim Young Ran Law” after the former Supreme Court justice who proposed the Act.[/vc_column_text][vc_row_inner][vc_column_inner]
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Newest Developments: “Shenzhen of Indonesia” Case
One of the latest high-profile bribery cases in the region involves the chairman of Indonesian-based Lippo Group and other figures involved in a major development build called Meikarta township. The project has been touted as the “Shenzhen of Indonesia.” After months of investigation, Lippo Group deputy chairman James Riady appeared as a witness in court in February and denied allegations that he was involved in corruption involving permits for the project. The Corruption Eradication Commission (KPK) Indonesia had already arrested Lippo Group operational director Billy Sindoro, along with Bekasi Regent Neneng Hasanah Yasin and several other top officials in the administration “for their alleged roles in bribery connected to the issuance of property permits for the project.” The allegations involve a promise of Rp 13 billion (US$856,888) in bribes to the Bekasi regency administration for issuing the relevant permits, of which Rp 7 billion had reportedly been transferred. The case is not yet fully resolved as of this writing.
The Meikarta case isn’t the only alleged corruption scandal plaguing Indonesia. The head of a state power utility and a senior politician were implicated in a bribery scandal involving the awarding of a major public works contract. KPK officials suspect that Perusahaan Listrik Negara (PLN) President Sofyan Basir agreed to award a contract to build a 600 megawatt coal-fired power plant in exchange for a kickback of Rp 4.75 billion ($332,800). And, in yet another recent bribery case, the KPK arrested the head of the United Development Party, or PPP.
Perhaps the defining bribery case for the region in recent years is the 1MDB case in Malaysia. Malaysia’s state-owned investment fund, 1MDB, was supposed to attract foreign investment. Instead, it “spurred criminal and regulatory investigations around the world that have cast an unflattering spotlight on financial deal-making, election spending and political patronage under former Prime Minister Najib Razak. The figures are mind-boggling: a Malaysian parliamentary committee identified at least $4.2 billion in irregular transactions related to 1MDB. In May, Najib was ousted from power in a general election as the scandal fueled a voter backlash that ended his party’s 61 years of rule. As the investigations continue, Najib faces trial on corruption charges and U.S. prosecutors have implicated at least three senior Goldman Sachs Group Inc. bankers in a multiyear criminal enterprise”.
The 1MDB case has implications that spread far beyond Malaysia and the South Asia region. In the U.S., federal prosecutors announced that one of the implicated former Goldman Sachs bankers had pleaded guilty, with bribery and money laundering charges lodged against a second banker as part of the investigation. U.S. prosecutors “also brought charges against the Malaysian businessman they believe stole some of the money: Jho Low, who spent millions of dollars on gifts to celebrities like the actor Leonardo DiCaprio and the model Miranda Kerr. The money was used to buy a Picasso painting, diamond necklaces and Birkin bags as well as to pay for the Hollywood blockbuster ‘The Wolf of Wall Street.’”.
Cases like the 1MDB scandal demonstrate that investigation and enforcement are stepping up. The Foreign Corrupt Practices Act (FCPA), UK Bribery Act 2010 and other laws on the books provide tools for regulators to bring action against companies doing business overseas, and even those principal actors in foreign organisations if they run afoul of anti-corruption laws. In Malaysia, the Malaysian Anti-Corruption Commission (Amendment) Act 2018 added a provision on corporate liability. The amended act (formerly the Malaysian Anti-Corruption Commission [MACC] Act 2009) gives more power to the MACC in fighting corruption in the private sector, as it includes penalties for firms that can now be held liable if their employees commit bribery.
Speaking in Kuala Lumpur, Malaysia, at the Anti-Bribery Anti-Corruption (ABAC) Summit 2018, Mohd Nur Lokman bin Samingan, Assistant Commissioner at Malaysian Anti-Corruption Commission, explained some of the key objectives of the 2018 Amendment Act. Among them, the new provisions are meant “to encourage business and commercial activities being carried out in a corruption-free environment; to encourage all commercial organisations to take adequate measures in order to prevent corruption in their respective organisations; and to promote better corporate governance and legal compliance by requiring corporations to take proactive roles in preventing corruption”. Mr. Mohd Nur Lokman went on to explain that punishment for bribery and other corrupt acts under the amendment can include fines “of not less than 10 times the sum of value of the gratification which is the subject matter of the offence”, or one million ringgit (whichever is higher) – and can also include imprisonment for a term not exceeding 20 years.[/vc_column_text]
ISO 37001:2016 to Tackle Bribery
At this year’s (2019) Malaysian Anti-Corruption Commission (MACC) Seminar Benchmark on Governance, Integrity & Anti-Corruption, leaders and luminaries in anti-bribery and anti-corruption gathered to speak on compliance issues affecting the region. The event was held in conjunction with the British High Commission (BHC). The seminar provided examination and discussion of UK’s best practices in governance, integrity and anti-corruption, including a focus on the ISO 37001 Anti-Bribery Management System Standard.
Keynote speaker Zafar Anjum, founder and CEO of CRI® Group and ABAC® Center of Excellence, presented “Anti-Bribery Management System (ABMS 37001) Case Study and Implementation – UK Experience”. Anjum provided an overview on ISO 37001 ABMS Accreditation & Certification as an effective and “adequate procedure” for organisations in the region and beyond. First, Anjum provided some stark statistics. He said that according to the International Monetary Fund, “An estimated $2 trillion in bribes is paid annually in both developing and developed countries”. Anjum also noted that the Association of Certified Fraud Examiners (ACFE) 2018 Report to the Nations – Global Study on Occupational Fraud and Abuse found that “Organizations lose an average of 5% of their annual revenue to fraud each year”.
To combat the threat, organisations around the world are turning to ISO 37001. The International Organization for Standardization (ISO) issued ISO 37001 in 2016 to help organisations worldwide increase and measure their efforts against bribery and corruption. Anjum explained that ISO 37001 ABMS implements standards in organisations at every level through measures that include adopting an anti-bribery policy, appointing a person to oversee anti-bribery compliance, training, risk assessments and due diligence on projects and business associates. It also involves implementing financial and commercial controls and instituting reporting and investigation procedures. Anjum described the work of the ABAC® (Anti-Bribery and Anti-Corruption) Center of Excellence, a global network of certified ethics and compliance professionals, qualified auditors, financial and corporate investigators, certified fraud examiners, forensic analysts and accountants, as a tool for organisations to prevent bribery and corruption. ABAC Certification is an accredited provider of ISO 37001 ABMS Certification and Training for organisations of all types and industries.
The ISO 37001 standard specifies requirements and provides guidance for establishing, implementing, maintaining, reviewing and improving an anti-bribery management system. The system can be stand-alone or can be integrated into an overall management system. ISO 37001 addresses the following in relation to the organisation’s activities:
- Bribery in the public, private and not-for-profit sectors
- Bribery by the organisation
- Bribery by the organisation’s personnel acting on the organisation’s behalf or for its benefit
- Bribery by the organisation’s business associates acting on the organisation’s behalf or for its benefit
- Bribery of the organisation
- Bribery of the organisation’s personnel in relation to the organisation’s activities
- Bribery of the organisation’s business associates in relation to the organisation’s activities
- Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)
The ISO 37001 process helps companies and government organisations reduce the risk of bribery by establishing, implementing, maintaining and enhancing internal anti-bribery and anti-corruption systems. When administered by an accredited provider of ISO ABMS certification and training, the protocol can:
- Provide needed tools to prevent bribery and mitigate related risks
- Help an organisation create new and better business partnerships with entities that recognizse ISO 37001 certified status, including supply chain manufacturing, joint ventures, pending acquisitions and co-marketing alliances
- Potentially reduce corporate insurance premiums
- Provide customers, stakeholders, employees and partners with confidence in the entity’s business operations and ethics
- Provide a competitive edge over non-certified organizations the organisation’s industry or niche
- Provide acceptable evidence to prosecutors or courts that the organization has taken reasonable steps to prevent bribery and corruption
As the ISO documentation states, “Conformity with (ISO 37001) cannot provide assurance that no bribery has occurred or will occur in relation to the organisation, as it is not possible to completely eliminate the risk of bribery”. ISO ABMS certification is, however, a potential mitigating piece of evidence to regulators or even prosecutors and the courts that the entity has taken meaningful steps in its efforts to prevent bribery and corruption.
Conclusion
Which organisations need ISO 37001? Despite the slow progress in combating bribery and corruption, the South Asia region remains an attractive market for organisations looking to expand. New laws and enforcement efforts are providing an increasing emphasis on compliance. In such a climate, organisations must stand ready to demonstrate their implementation of internal processes, policies and controls to prevent and detect bribery and corruption and remain in compliance.
The ISO 37001 ABMS standard is an established, tried and tested program that addresses those issues head-on through a comprehensive program of training and certification. The training process is tailored to the organisation, while still following the developed curriculum and documented best practices. Certification requires the demonstration that processes have been implemented effectively, with follow-up evaluations. Developments in the South Asia region and worldwide have demonstrated that there isn’t time to wait to implement controls and compliance procedures – the next investigation and/or prosecution may be too late. The harm caused by bribery and corruption to an entity’s reputation, investments and business can be far-reaching and long-lasting.[/vc_column_text][/vc_column][/vc_row][vc_section][vc_row_inner][vc_column_inner][accordion_father activetabbg=”#4c4c4c”][accordion_son title=”About CRI® Group” clr=”#ffffff” bgclr=”#bfbfbf”]Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI® Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.[/accordion_son][accordion_son title=”About the Author” clr=”#ffffff” bgclr=”#bfbfbf”]By Zafar Anjum MSc, CFE, Intl. Dip. (Fin. Crime)
Group Chief Executive, CRI Group[/accordion_son][accordion_son title=”Sources & Credits” clr=”#ffffff” bgclr=”#bfbfbf”]
- Danielle Keeton-Olsen, “Why Foreign Businesses Will Put Up With Some Corrupt Practices In Southeast Asia”, Forbes, < https://www.forbes.com/sites/daniellekeetonolsen/2018/01/12/why-foreign-businesses-will-put-up-with-some-corrupt-practices-in-southeast-asia/#673e13902fe3> (accessed 2 Nov. 2018).
- “Corruption Perceptions Index 2018”, Transparency International, 2019, < https://www.transparency.org/cpi2018> (accessed 5 Aug. 2019)
- “Asia Pacific: Little To No Progress On Anti-Corruption”, Transparency International, 29 Jan. 2019, <https://www.transparency.org/news/feature/asia_pacific_makes_little_to_no_progress_on_anti_corruption> (accessed 5 Aug. 2019)
- OECD, The rationale for fighting corruption. 2014 <http://www.oecd.org/cleangovbiz/49693613.pdf> (accessed 2 Nov. 2018)
- Vanessa Romo, “Former Interpol President Pleads Guilty To Bribery In Chinese Court,” NPR, 20 June 2019, <https://www.npr.org/2019/06/20/734397465/former-interpol-president-pleads-guilty-to-bribery-in-chinese-court> (accessed 5 Aug. 2019)
- Alejandro Salas, Asia and the Pacific’s corruption scorecard: Fighting corruption needs long-term political commitment in the region, Policy Forum, 2018, <https://www.policyforum.net/asia-and-the-pacifics-corruption-scorecard/> (accessed 2 Nov. 2018).
- “A year on, anti-corruption law changes South Korea’s graft-prone culture,” Straits Times, 2017, <https://www.straitstimes.com/asia/east-asia/a-year-on-anti-corruption-law-changes-south-koreas-graft-prone-culture (accessed 2 Nov. 2018).
- Harry Suhartono and David Yong, “Bribery Probe Hurts One of Southeast Asia’s Biggest Projects”, Bloomberg, 18 Oct. 2018, <https://www.bloomberg.com/news/articles/2018-10-17/arrests-leave-one-of-southeast-asia-s-biggest-projects-in-limbo> (accessed 4 Aug. 2019)
- Arya Dipa, “‘It wasn’t my idea’: Lippo Group’s James Riady denies involvement in Meikarta case”, The Jakarta Post, 9 Feb. 2019, < https://www.thejakartapost.com/news/2019/02/09/it-wasnt-my-idea-lippo-groups-james-riady-denies-involvement-in-meikarta-case.html> (accessed 4 Aug. 2019)
- Erwida Maulia, ‘Indonesia bribery cases weigh on Jokowi’s reform plans”, Nikkei Asian Review, 2 May 2019, < https://asia.nikkei.com/Politics/Indonesia-bribery-cases-weigh-on-Jokowi-s-reform-plans> (accessed 4 Aug 2019)
- Shamim Adam , Laurence Arnold , and Yudith Ho, “The Story of Malaysia’s 1MDB, the Scandal That Shook the World of Finance,” Bloomberg, 2018, <https://www.bloomberg.com/news/articles/2018-05-24/how-malaysia-s-1mdb-scandal-shook-the-financial-world-quicktake> (accessed 3 Nov. 2018)
- Matthew Goldstein, Alexandra Stevenson and Emily Flitter, “Goldman Sachs Ensnarled in Vast 1MDB Fraud Scandal,” The New York Times, 2018, <https://www.nytimes.com/2018/11/01/business/goldman-sachs-malaysia-investment-fund.html> (accessed 3 Nov. 2018)
- Bernama, “Revised MACC Act 2009 to come into force in 2018,” The Straits Times, 2018. < https://10times.com/abac-malaysia> (accessed 11 Nov. 2018).
- Mohd Nur Lokman bin Samingan, “Offence by Commercial Organisation”, ABAC Summit 2018, Kuala Lumpur, Malaysia, 25 Sept. 2018.
- Zafar Anjum, “Anti-Bribery Management System (ABMS 37001) Case Study and Implementation – UK Experience”, MACC Seminar Benchmark on Governance, Integrity & Anti-Corruption, Putrajaya, Malaysia, July 2019.
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Top 10 ways to protect your organisation from bribery and corruption
According to the International Monetary Fund (IMF) public sector corruption siphons $1.5 trillion to $2 trillion annually from the global economy in bribes and costs far more in stunted economic growth, lost tax revenues and sustained poverty. The fact is, bribery and corruption can affect any organization, of any size, in any industry and location. So how to protect your organization from bribery and corruption.
There are 10 things that an organization can do, to be better protected against the threat of bribery and corruption:
- Be proactive: Adopt a code of ethics for management and employees. Evaluate your internal controls for effectiveness and identify areas of the business that are vulnerable to bribery and corruption.
- Be strict: Communicate regularly to staff about anti-bribery and corruption policies, ways to report suspicions of misconduct, and the potential consequences (including termination and prosecution) of unethical behavior.
- Train your employees: Your workforce is your first line of defense against corruption – enroll your organization in training programs like ISO 37001:2016 Anti-Bribery Management System Introductory, Internal Auditor or Lead Auditor training to ensure they can properly identify, prevent and detect bribery.
- Be aware of red flags: Payment for vague services like “facilitating”, paying higher-than-normal fees to a vendor as “commission”, off-the-books deals, requirements of cash-only payments or unusual payment arrangements are all signs that things may be amiss and require further review.
- Validate compliance regularly: Putting standards in place is only effective if you test and follow them year-round. Implement a process to ensure compliance with legislation like the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act 2010.
- Conduct due diligence: An unethical partner or supplier engaging in bribery and corruption can have serious effects on your own company’s reputation. Conduct thorough due diligence, with background checks and full risk assessments, on all third-parties with which you are engaged.
- Encourage whistleblowing. Corruption is still most likely to be detected by a tip. Providing an anonymous reporting system for your employees, contractors and clients will help uncover more cases of bribery and other misconduct.
- Be transparent: A way to be proactive in your engagement with others is to ask for feedback. Then be prepared to address it, good or bad – creating open lines of communication and honest dialogue regarding what is and what isn’t unethical behavior.
- Establish Hiring Procedures: When hiring staff, conduct thorough background investigations. Check educational, credit and employment history (as permitted by law), as well as references.
- Get Certified: The ISO 37001:2016 Anti-Bribery Management System standard is designed to help an organization implement an anti-bribery management system. Any organization can and should become ISO 37001 certified to signify the measures it has taken to prevent and detect bribery and corruption
About us…
Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI® Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organizations. Contact ABAC® for more on ISO Certification and training.
MEET THE CEO
Zafar I. Anjum is Group Chief Executive Officer of CRI® Group (www.crigroup.com), a global supplier of investigative, forensic accounting, business due to diligence and employee background screening services for some of the world’s leading business organizations. Headquartered in London (with a significant presence throughout the region) and licensed by the Dubai International Financial Centre-DIFC, the Qatar Financial Center – QFC, and the Abu Dhabi Global Market-ADGM, CRI® Group safeguard businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. CRI® Group maintains offices in UAE, Pakistan, Qatar, Singapore, Malaysia, Brazil, China, the USA, and the United Kingdom.
Contact CRI® Group to learn more about its 3PRM-Certified™ third-party risk management strategy program and discover an effective and proactive approach to mitigating the risks associated with corruption, bribery, financial crimes and other dangerous risks posed by third-party partnerships.
CONTACT INFORMATION
Zafar Anjum, MSc, MS, CFE, CII, MICA, Int. Dip. (Fin. Crime) | CRI® Group Chief Executive Officer
37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom
t: +44 207 8681415 | m: +44 7588 454959 | e: zanjum@crigroup.com
Decrease Bribery Risk with ISO 37001:2016 ABMS
Bribery and corruption are worldwide problems with serious consequences for organisations of any size, industry or region. To help combat this threat, the International Organization for Standardization (ISO) issued the ISO 37001:2016 Anti-Bribery Management System (ABMS) standard. This standard helps businesses, nonprofits and governmental agencies to reduce their risk of bribery and corruption, How? By establishing, implementing, maintaining and improving an anti-bribery management system.
The ISO 37001:2016 standard mirrors numerous steps contained in the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010 and other major legislation aimed to curb bribery and corruption and increase punishments resulting from its occurrence. When an organisation makes the decision to move forward with ISO 37001:2016 ABMS training and certification, the benefits are immediate. That’s because ISO 37001:2016 puts methods in place that do the following:
- Ensure that your organisation is implementing a viable anti-bribery management system using widely accepted controls and systems.
- Give your company the tools it needs to prevent bribery and mitigate related risks
- Provide assurance to management, investors, business associates, personnel and other stakeholders that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption.
- Help your company create new and better business partnerships with entities that recognise your certified status, including supply chain manufacturing, joint ventures, pending acquisitions and co-marketing alliances
- Potentially reduce corporate insurance premiums
- Provide your customers, stakeholders, employees and partners with confidence in your business operations and ethics
- Provide a competitive edge over non-certified organisations in your industry or niche
- Provide acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption
ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, due diligence adequacy, financial and commercial controls, reporting, audit and investigation.
Impacting your corporate culture
An organisation that takes a firm stand against bribery and corruption, and makes compliance standards a priority, will see the effects among its employees and in its corporate culture. After all, ISO 37001:2016 isn’t just for the security team or executives. It involves the entire organisation. Staff learn how to recognise red flags of noncompliance for bribery and fraud, and how to report them. They also gain an understanding that the organisation won’t tolerate unethical behaviour, especially when it comes to bribery and corruption. For example, many employees in today’s workforce might think they understand what bribery and corruption are – but they probably don’t recognise the many different ways it can manifest itself in the business world. ABAC® Certified™ training and certification process for ISO 37001:2016 educates your personnel and helps your company address bribery in all its forms, including:
- In the public, private and not-for-profit sectors
- By the organisation
- By the organisation’s personnel acting on the organisation’s behalf or for its benefit
- By the organisation’s business associates acting on the organisation’s behalf or for its benefit
- Of the organisation
- Of the organisation’s personnel in relation to the organisation’s activities
- Of the organisation’s business associates in relation to the organisation’s activities
- Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party) (Source: ISO 37001 ABMS Standard)
> Enhance your organisation’s anti-corruption culture! Read our FREE “Whitepaper: Countering bribery & corruption in the public & private sectors – Anti-corruption culture, risk assessment, auditing & compliance”
Expert training from an accredited body
CRI Group’s ABAC® Certification services are accredited by the Emirates International Accreditation Center (EIAC) for administering the ISO 37001:2016 anti-bribery standard, and has leading experts administering the 37001:2016 Anti-Bribery Management Systems certification program. ISO 37001:2016 Anti-Bribery Management System Certification reflects international best practices and can be used in all jurisdictions. It is applicable to small, medium and large organizations in all sectors, including public, private and not-for-profit sectors. reduce the risk of bribery and corruption by establishing, implementing, maintaining and improving your management system. When everyone is on the same page and playing as a team, the organisation is stronger because employees trust one another to do the right thing. Those “gray areas” of rule-bending and non-compliance are no longer gray. The organisation culture dictates that only ethical behaviour and compliance with anti-bribery and anti-fraud standards will be acceptable.
When an organisation undertakes ISO 37001:2016 training, employees understand that ethical behaviour is the norm, and anything outside of those bounds will be punished – especially criminal acts like bribery and corruption – perhaps with the loss of their job, or even prosecution. ABAC® Certification provides three levels of training ensure that employees get the instruction they need: Introductory Training, Internal Auditor Training, and Lead Auditor Training. ABAC® conducts ISO 37001:2016 training in a classroom setting, providing face-to-face interaction with expert instructors. The training helps establish an ethical culture by educating your employees on the following:
- What constitutes fraud, corruption, and bribery, and why these are so damaging to business
- How to identify red flags of fraud, corruption and bribery
- The process for reporting fraudulent and unethical acts
- The organisation’s zero-tolerance attitude toward unethical behaviour and willingness to terminate employees for breaches, and prosecute unethical acts
- The serious ramifications for committing fraud or bribery, the legal consequences, and the negative impact on one’s career
The time is now to take action against bribery and corruption – the world is watching, and organisations that make anti-bribery and anti-corruption and compliance a priority are poised to be successful. ISO 37001:2016 provides the layer of security, and as it is stated in the standard itself, “Conformity with this document cannot provide assurance that no bribery has occurred or will occur in relation to the organisation, as it is not possible to completely eliminate the risk of bribery. However, this document can help the organisation implement reasonable and proportionate measures designed to prevent, detect and respond to bribery”. The benefits are long-lasting and far reaching. Most importantly, when you engage ABAC® ’s training and certification program, you are assured that an accredited team of experts is working with your organisation to implement a top-of-the-line program that is tailored to your needs and accomplishes your goals.
Whether your organisation is a corporation, nonprofit, or government agency, you can start enjoying the benefits of ABAC® Certification’s ISO 37001:2016 training and certification immediately. Learn more about ABAC® Certification and ISO 37001:2016 Anti-Bribery Management System today.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Prove That Your Business is Ethical for FREE
Complete our FREE Highest Ethical Business Assessment (HEBA) & evaluate your current Corporate Compliance Program. Find out if your organisation’s compliance program is in the line with worldwide Compliance, Business Ethics, Anti-Bribery and Anti-Corruption Frameworks. Let ABAC® experts prepare a complimentary gap analysis of your compliance program to evaluate if it meets “adequate procedures” requirements under UK Bribery Act, DOJ’s Evaluation of Corporate Compliance Programs Guidance and Malaysian Anti-Corruption Commission.
Corruption: a real Threat to Organisations Worldwide
Corruption: a Real Threat to Organisations Worldwide
For ages, systematic bribery was tolerated in various countries and industries as a “necessary part of getting business done or circumventing bureaucratic red tape.” The times are changing, however. Societies and their governments have recognised that bribery and corruption vastly affect economic growth, undermine trust and discourage investment. Studies show that bribery and corruption directly contribute to global poverty, social inequality, and a decrease in public infrastructure development.
To help organisations worldwide increase and measure their efforts against bribery and corruption, the International Organization for Standardization (ISO) issued the ISO 37001:2016 Anti-Bribery Management System standard. This new standard mirrors numerous steps contained in the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010 and other major legislation aimed to curb bribery and corruption and increase punishments resulting from its occurrence.
The standard is a set of controls that any organisation can implement with the right guidance. The first step is an understanding among business leaders, from ownership and directors to management, that a global corruption problem exists – and ignoring it will eventually lead to serious consequences. From lapses in corporate due diligence and devolving government and corporate integrity to poor transparency, lack of accountability, and inadequate corporate integrity systems, business corruption has become rampant and commonplace globally. According to Transparency International, bribery and corruption were among the key components that led to the recent global economic crisis.
ISO 37001:2016 for different types of organisations
When it comes to bribery and corruption, businesses, non-profits, and government organisations all face risks to their financial well-being and reputation. ISO 37001:2016 Anti-Bribery Management System standard plays a vital role for all types of organisations in reducing risk and putting a structure in place that prevents and detects bribery and corruption on all levels.
Corporate/private sector
In the present era of globalisation, anti-corruption compliance plays a vital role for companies with high ethical values trying to expand business across borders and attract potential investors and business partners for the long term. Such companies are expected to ensure the integrity of their operations and the conduct of their suppliers, distributors, and agents wherever they may be.
To meet these needs, the standard ISO 37001:2016 is designed to apply to all organisations (or parts of an organisation) regardless of type, size and nature of the business activity. The program is tailored to the needs and requirements of the organisation.
Public sector organisations
Public sector organisations play critical roles, often interacting directly with the public they serve; they include utility service providers, license-issuing authorities and other regulatory bodies. These are vulnerable areas where authority is concentrated with weak financial positions that must fulfil the needs of both the service provider and its users. Such public sector organisations can benefit from implementing ISO 37001:2016 to control bribery and corruption to enhance their productivity level and play an improved role in the socio-economic development of their country.
Government departments
The government is a major stakeholder in the socio-economic development of a country. Hence it makes laws, regulations and establishes departments to check and control bribery and corruption. In many developing countries, however, anti-corruption laws and regulations are either weak or implemented unevenly, providing poor results. Government-led steps or campaigns to fight corruption often are ineffective, while bribes continue to be accepted as part of doing business. However, the threat of bribery and corruption can be mitigated through the implementation of ISO 37001:2016 standard, which provides safeguards within a management system, rather than temporary measures or mere slogans.
Training is the key to prevention
According to the Association of Certified Fraud Examiners’ “Report to the Nations on Occupational Fraud and Abuse,” a company’s employees are its best protection against fraud. Statistics show that most fraud is detected by internal tips, even more than audits and other methods. That means that employees recognise fraud, understand that it’s wrong and not acceptable at their workplace, and report it.
This means that the more trained and educated a workforce is about fraud, bribery and corruption, the better that organisation will operate as a team in preventing and detecting those behaviours.
The ISO 37001:2016 Anti-Bribery Management System uses this approach as a focal point in providing the standards for training and knowledge your organisation needs to prevent fraud, bribery and corruption. The proper training program should be tailored to your organisation, based on its size, the way it’s structured, the business you conduct, and your specific risk areas identified in the discovery phase. In this way, ISO 37001:2016 accommodates every level of your organisation to ensure that the entire team gets the training needed to identify, prevent and detect bribery and corruption.
The ISO 37001:2016 Anti-Bribery Management System certification empowers you with the ability to safeguard and maintain the integrity of your company by:
- Guaranteeing that all workers and agents are devoted to the latest anti-bribery practice
- Regularly validating compliance to appropriate legislation like the FCPA and U.K. Bribery Act 2010
- Jointly cooperating with stakeholders to observe and reduce the risks throughout your supply chain
- Externally scrutinising your company, testing the effectiveness of your anti-bribery policies and processes
- Ensuring compliance in action
ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI® Group’s ABAC® Center of Excellence, an independent certification body established for Anti-Bribery Management System, Compliance Management System and Risk Management System certification. ABAC Certification’s experts are skilled at developing and implementing programs to meet clients’ needs and requirements. Learn more about ABAC Certification and ISO 37001:2016 Anti-Bribery Management System today.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
ISO 37001 Certification: a Proclamation of Business Integrity
It’s a well-known World Bank statistic, but one that bears continual repeating: More than US$1.5 trillion – or 2% of world gross domestic product – is paid in bribes each and every year, contributing to the demise of governments, inadequate social services, inferior infrastructure, low-quality goods and services, and a general strain on public and private sector integrity and reputation.
But the past several years have seen marked progress in the global fight against bribery and corruption, particularly with the adoption of ISO 37001 “Anti-Bribery Management Systems,” which provides generally accepted standards for establishing, implementing, maintaining, reviewing and improving an organisation’s anti-bribery management system.
The global adoption of the standard means that organisations worldwide can now publicly demonstrate their intent to battle bribery via review, examination and certification of their systems to the ISO standard. And in doing so, those certified organisations are realising many key benefits that come with certification, and the extended impact certification has on their supply chain and third-party partners.
ISO 37001 Certification: A Conscientious Decision
ISO 37001 certification is not currently mandated by governments around the world, with the exception of Malaysia and a few other countries which are considering certification as a requirement for private sector organisations bidding for government contracts. That said, multi-national organisations are increasingly seeking certification as a conscientious decision to improve their operations for the good of the overall organisation.
In doing so, those organisations are making a strong statement to their stakeholders, customers, authorities, third-parties and the international marketplace that they are taking all necessary measures to review, amend and improve their systems and processes to control and prevent bribery.
Even more important, to verify compliance and achieve such certification, those organisations are willing to expose their operations to outside independent auditors who are specifically trained in identifying risks and weaknesses within the organisation, while making recommendations for improvement.
From an integrity perspective, the result of certification to the ISO 37001 standard can help reduce internal and external corruption risks, manage compliance risks and boost the public perception and reputation of the organisation as a whole.
This can provide the organisation with certain advantages in the tender process and give the organisation a competitive edge in business development.
Take for example the case of Mubadala Investment Company PJSC (Mubadala), a state-owned holding company that can be characterised as a sovereign wealth fund in the United Arab Emirates, a country widely known for its relatively high rankings on the annual Transparency International Corruption Perception Index.
In 2019 Mubadala called on CRI Group’s ABAC Center of Excellence to attain ISO 37001 certification. Upon completion of the extremely thorough and careful certification process, Mubadala Head of Ethics & Compliance noted that achieving such certification has helped his organisation provide full confidence to its partners and shareholders, and has opened avenues of investment for international and national companies because Mubadala enjoys a great rapport with the business community as a competent and truthful entity.
“We are very proud to attain this certification. It demonstrates our strong commitment to the highest standards of ethics and integrity in our activities. This achievement specifically affirms the presence of anti-bribery management systems across Mubadala that support a culture of transparency and compliance in line with the highest global standards.” Mubadala Head of Ethics & Compliance said.
The Ripple Effect of ISO 37001 Certification
While one of the most beneficial advantage of certification is that it formally announces to the global marketplace that the organisation has gone to great lengths to demonstrate a high level of integrity in its compliance program and can be looked upon as a trusted partner when it comes to business affiliations and future business dealings, there is an notable down-stream effect as well.
That’s where the standard requires intense third-party due diligence to verify that the organisation’s supply-chain partners maintain a strong commitment to anti-bribery compliance. This subsequently motivates the organisation’s business partners, suppliers and third-party providers to examine and improve their own practices, knowing that the organisation will not conduct business with outside providers that don’t measure up to its internationally accepted compliance standards.
And managing third-party risks will result in the ongoing supply of high-quality products and services, on-time delivery, reduced legal liability, increased stakeholder protection, higher customer satisfaction and improved reputation, to name just a few of the associated benefits.
ISO 37001 Certification Improves the Organisation
Finally, ISO 37001 certification is structured in a way that not only identifies risks and weaknesses within an organisation’s anti-bribery framework, it also outlines measures designed to improve that framework and, in turn, contribute to strengthening the overall operation. Here are some examples:
Financially, certification can help identify redundancies in the processes used to combat anti-bribery and corruption, potentially reducing the costs associated with duplication. Additionally, through certification, one can assume that demonstrating an adequate procedures defense may in many cases reduce legal costs in bribery cases and investigations, while also reducing or eliminating potential fines levied in such cases.
Operationally, certification can help to streamline internal processes and controls, and – through effective top-down management advocacy – ensure that all staff levels of the organisation stand united in the fight against bribery and corruption.
Ethically, certification shows that the organisation is making a conscientious choice to protect its customers by taking strong stances against the effects of bribery, which include overpriced products or services, defective parts, and under-qualified labor – all of which can produce economic hardship, physical harm or even death.
From a brand perspective, certification demonstrates that the organisation is committed to operating in an ethical environment, taking strong measures to prevent bad actors from succeeding and exposing the organisation to negative media publicity, adverse public reaction and damaged reputation.
And from business development standpoint, certification can effectively enhance the organisation’s ability to secure new business contracts, as public sectors around the world are increasingly requiring such certification as a qualification in the bidding process for large-scale contracts.
It’s no secret why multi-national organisations are increasingly realising the many benefits of ISO 37001 certification, as they enjoy improved internal systems and procedures, greater operational efficiency and top-down confidence throughout the organisation, to reduced corporate risks, stakeholder liability, and a resulting competitive edge in the international marketplace.
ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Oil and Energy Companies Look to ISO 37001
In December 2017, the world’s largest builder of offshore rigs agreed to pay $422 million in penalties after entering a guilty plea for bribery charges connected with the Petroleo Brasileiro (Petrobras) scandal. Keppel Offshore & Marine Ltd. made illicit payments to both Petrobras officials and government representatives for more than a decade, between 2001 and 2014 (Reuters, 2017). ISO 37001
The sweeping multimillion-dollar bribery scandal that rocked Petrobras led to numerous investor lawsuits and the downfall of disgraced government officials. It also served as the embodiment of the huge risk of bribery and corruption that confronts the entire oil and energy sector.
Such a scandal is less surprising when one considers the scale of the oil and energy sector. It is a massive portion of the world’s economy, dealing mainly in petroleum – including upstream (exploration, development and production of crude oil or natural gas) and downstream (oil tankers, refiners, retailers and consumers) pipeline. As a raw material, petroleum is used for a number of chemical products, including pharmaceuticals, fertilisers, pesticides, solvents, and plastics.
The need to prospect, discover, and realise oil and energy production in various (and often far-flung) locations lends to the vulnerability to fraud – but geographic considerations aren’t the only risk factors. Perhaps even more impactful is the complexity of business relationships required to operate in the industry – relationships with governments, contractors, regulators, investors/venture partners, equipment suppliers and other parties. Every such interaction and dealing can be considered susceptible to bribery and corruption where cutting corners may be considered profitable or even perceived to be “business as usual.”
Contributing to the risk is the volatile nature of oil and energy prices (along with all levels of the production chain), along with increasing global demand. This drives oil and energy companies to expand into new areas and markets that might carry a higher risk of bribery and corruption, including undeveloped, third-world countries with few controls, lax enforcement, or both. The reality, however, is that when bribery and corruption continues unabated, everyone loses – companies and governments are affected financially, and economic instability is increased.
ISO 37001 Anti-Bribery Management System standard
There is a solution that oil and energy companies can implement to help prevent and detect bribery and corruption: the ISO 37001:2016 Anti-Bribery Management System standard. The standard requires organisations to implement a series of procedures to prevent, detect and address bribery on a reasonable and proportionate basis according to the type and size of the organisation, and the nature and extent of bribery risks faced. It applies to small, medium and large organisations in the public and private sector and can be implemented in any country. Though it will not provide absolute assurance that bribery will completely cease, for organisations in the oil and energy sector that operate across global boundaries, this is a critical layer of protection that provides both anti-bribery controls and a system for compliance with various anti-corruption legislation, such as the FCPA and UK Bribery Act.
ABAC Center of Excellence Limited is accredited as a Conformity Assessment Body (Certification Body) to assist your organisation in attaining ISO 37001 ABMS certification through a thorough bribery risk assessment and audit covering the entire scope of the standard. The audit methodology is evidence-based, meaning any issues raised will be confirmed through adequate evidence that the ABAC Certification team has discovered during the audit.
Auditing techniques take a risk-based approach to examining your organisation’s Anti-Bribery Management System (ABMS), and the ABAC Certification team will increase the scale of the investigation if they determine that a specific process presents on a higher risk side. Factors such as Impact, Negligence, Minor, Major, and Critical are taken into consideration during the audit.
A separate audit method is a process-based approach where the ABAC Certification examines the organisation’s processes while considering the interaction between those processes. Finally, there is a sampling-based audit approach where ABAC Certification incorporates an appropriate sampling plan utilising samples from different ABMS processes to conclude and support the audit findings and results.
The audit is extremely thorough in its approach, which results in an accredited certification for the scope of the ISO 37001 Anti-Bribery Management System. Because of the standard’s international acceptance and the thoroughness of the audit process, such certification can provide a valuable safeguard in demonstrating an “adequate procedures” compliance defence in cases posing a liability for a company’s failure to prevent bribery.
Once certified, an organisation must continue surveillance and undergo a recertification audit over three years to ensure that the organisation still complies with the ISO 37001 ABMS standard. During this time, any changes to processes, the addition of new partners and expansion/acquisition of new assets or energy contracts, etc. are carefully reviewed.
Lessons to learn
In the Keppel Offshore bribery and corruption case, implementing the measures above would have severely mitigated the risk that such a scandal could take root, much less proliferate over 13 years. The certification process involves a number of steps that include on-site audits to reveal any non-conformities – red flag areas that indicate a heightened risk of bribery and corruption. Such an assessment would have uncovered serious problems in Keppel Offshore’s processes, for example, and required corrective action plans to bring the organisation into compliance with its anti-bribery policy.
As corporations like Petrobras and Keppel Offshore have learned, there are deep repercussions for not taking proper preventative action with a robust anti-bribery management system (ABMS). The increase of anti-bribery and corruption legislation cannot be ignored by oil and energy companies, given that such regulations have, in most cases, achieved a global reach. For ownership and management, the stakes are especially high – accountability now includes criminal liability for organisation personnel as individuals, beyond (and in addition to) liabilities faced by the organisation. This trend will only continue as governments, and their publics become increasingly intolerant of fraud, bribery and corruption. Major media coverage and the real and perceived threat to governments’ economies contribute to this changing landscape of public opinion.
By extension, enforcement efforts are also being stepped up. Existing penalties are being applied with more regularities and new ones added with stronger impacts, including imprisonment and large fines – adding to the reputational damage that can occur as a result of bribery and corruption. Laws like the UK Bribery Act are being applied in force across international borders to put teeth in efforts to prevent, detect and punish corrupt corporate behaviour. While ISO 37001:2016 certification does not provide a shield against such enforcement measures, applying its standards can be considered a “good faith measure” for companies facing the consequences of bribery and corruption incurred in the past – and the measures prescribed by ISO 37001:2016 will no doubt have a mitigating effect on risk factors and the scale and scope of future acts of bribery and corruption should they occur.
Conclusion
With so much at stake in terms of money and resources, it should be no surprise that the oil and gas industry is rife with bribery and corruption. In today’s business climate, taking every step possible to prevent and detect bribery and corruption is more than just good business sense: It is essential to ensure a successful future. Implementing a worldwide recognised standard like ISO 37001 is a critical step forward for any organisation in the oil and energy industry.
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