Anti-Corruption Certification

To get certified

International experts - 08 February 2018
Charlotte Gunka
Attorney at Law - New York State Bar & Paris bar

The French authorities concluded a Convention Judiciaire d’Intérêt Public in with a bank in November 2017. Was this the first agreement of this kind?

Yes. This agreement is the first Convention Judiciaire d’Intérêt Public (“CJIP”) – which stands for Judicial Agreement in the Public Interest – concluded by the French National Financial Prosecutor (“NFP”) since the adoption, in December 2016, of the “Law regarding transparency, the fight against corruption and the modernization of economic life”, better known as the “Loi Sapin II”. The CJIP and the Paris Court’s decision became binding and public on November 24, 2017 after a 10 day opt-out period left to the Bank.

Anti-Corruption Compliance Blog - 01 February 2018
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français

 

Why mapping corruption risk is important ?

It is important for three reasons:

1.1 Mapping corruption risk for efficient compliance

The first reason is because compliance is efficient only if it is tailored to the organization’s specific corruption risk.

If corruption risks are not evaluated sufficiently, underestimated or overestimated, a compliance program will not be effective.

If underestimated, corruption risks will not be properly mitigated.

International experts - 08 January 2018
Drago Kos
Chair, OECD Working Group on Bribery - Paris

A lot has been written and said during the past year about protecting whistleblowers. International legal instruments require countries to protect people prepared to report wrongdoing within their organizations; however, we have yet to see any significant increase in either the number of whistleblowers coming forward or in the quality of their reports.

International experts - 08 January 2018
Viktor Soloviov
Member of the Expert Anti-Corruption Advisory Committee under the Ministry of Defence of Ukraine and regional expert of the Centre of Integrity in Defence Sector - Canada

In 2015, new anti-corruption legislation came into force which required all public agencies in Ukraine to develop risk-based anti-corruption programs. To support this work, the National Agency on Corruption Prevention, which is responsible for the training and implementation of the state’s anti-corruption policy, approved a methodology for carrying out corruption risk assessments as well as recommendations for the development of these programmes. At the end of 2017, using this methodology, the Ministry of Defence (MoD) established a corruption risk assessment committee, which identifies spheres with the biggest risks. Dr. Soloviov was a member of the committee and lists the highest risk areas in defense processes.

Anti-Corruption Compliance Blog - 01 January 2018
Philippe Montigny
President of ETHIC Intelligence - Paris

 Article disponible en français

40 years after the publication of the FCPA and 20 years after the signature of the OECD Anti-Bribery Convention, 2017 saw several developments in the fight against corruption.

And if these developments, although relatively isolated for the time being, were to become more commonplace I could, we all could, dream of a world where corruption disappears. My dream for 2018 is that the three following wishes become reality:

I have a dream that the day will come when the corrupt political and business elite will not be immune from prosecution

The intensification of investigations and criminal prosecutions of executives from large companies as well as of politicians and high level public servants in Brazil this past year is particularly significant.

Anti-Corruption Compliance Blog - 01 December 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français

I remember the satisfaction of the signatory countries’ representatives when, 20 years ago, an agreement was reached at the OECD on Combating Bribery of Foreign Public Officials in International Business Transactions. Finally, there was a legal instrument to combat this insidious practice. Yet the text was only signed by a few states and countries’ willingness to prosecute its companies for acts of corruption committed overseas - acts which resulted in contracts and profits at home - was, except for the United States, largely absent.

Anti-Corruption Compliance Blog - 01 December 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français

When I first started working with companies on corruption prevention 20 years ago, their primary concern was related to the issue of passive corruption: how could they ensure that no staff member would accept a bribe, for example, from a supplier or even a client, in exchange for special treatment? If an employee accepts a bribe from a supplier, it is not to benefit the company; instead, passive bribery impacts negatively on a business’ profitability and hampers its competitiveness, making it one of the organization’s main sources of concern. Which is why companies focused primarily on passive as opposed to active corruption for a time.

International experts - 09 November 2017
Frederick T. Davis
Of Counsel, Debevoise & Plimpton - New York & Paris

After an almost decade-long campaign by anti-corruption groups demanding that France act against corrupt foreign leaders suspected of stashing their “ill-gotten gains” in Europe, the trial of Teodorin Obiang Nguema, son of Equatorial Guinea’s President, Teodoro Obiang Nguema Mbasogo, got underway in Paris in 2017 and resulted in his conviction in October. Equatorial Guinea is a resource-rich country that also has some of the most widespread poverty in the world.

International experts - 09 November 2017
José Abel Rivera Sanchez
Director, CCRC Auditoria y Control Interno S.C - Mexico City & London

What are the recent developments in Mexico in the fight against corruption?*

A National Anti-Corruption System was created on July 18, 2016 based on constitutional amendments passed by Congress in 2015.

The secondary legislation which followed these amendments included four new laws and amendments to three existing laws which were passed by Congress in 2016, notably the General Law of Administrative Responsibilities and the Law of the National Anti-Corruption System (among others).

International experts - 09 November 2017
Patrick Widloecher
Head of Ethics The Post Group - France

The Post Group, a private company since 2010, employs 250 000 people 20% of whom work outside France across five continents. The Post has four principle activities: mail, package and express delivery, banking and digital services. In 2016, annual turnover reached 23.3 billion euros.

In April 2011, The Post Group implemented a system of ethical business procedures based on a code of conduct, the administration of an oath by all staff, a secure email-based whistleblowing system, an Ethics Committee, and awareness raising activities (training, communications).

Anti-Corruption Compliance Blog - 01 November 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Although incidents of passive corruption often originate within the purchasing department, it is not an activity exclusive to this branch. Passive corruption can also occur with employees responsible for product specifications, or managers occasionally needing to use emergency or exceptional purchasing procedures.

Anti-Corruption Compliance Blog - 01 October 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français

For small to medium-sized enterprises that need to implement an anti-corruption compliance policy the ISO 37001 is a useful, easy-to-use and affordable reference.

International experts - 09 September 2017
Gunilla Hadders
Founding Partner and Senior Advisor, WhistleB - Stockholm, Sweden

Organisational whistleblowing, allowing employees and often suppliers, and in some cases even the general public to speak up, when they see something that they think is not right, is a global mega trend. It allows organisations to prevent wrongdoings from occurring in the first place, by having a way to anonymously or not report on a suspected wrongdoing. It also demonstrates an organisation´s dedication to high ethical standards and is increasingly a tool that organisations have to have in place to comply with the law, for example the French anti-corruption law, Sapin 2, to take a current example.

Anti-Corruption Compliance Blog - 01 September 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français


One of the most common questions I am asked is “to which function should the anti-corruption compliance post be attached?” As previously mentioned, it cannot be connected to an operations role for reasons of conflict of interest.

Anti-Corruption Compliance Blog - 01 September 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français


Mid-sized companies’ structure differs greatly from their larger or multinational counterparts. Multinationals, as listed companies, are obliged to have at the headquarters level, resources and processes necessary to secure compliance with regulations that apply to listed companies. These companies have been respecting other international requirements for years so do not see the addition of an investment in compliance as an excessive burden.

International experts - 09 August 2017
Alexandre Ditzel Faraco, Bolivar Moura Rocha, Felipe de Paula
Partner Levy & Salomão -

What are recent anti-corruption and compliance trends in Latin America?

Latin American (“Latam”) countries are generally perceived to have a high level of corruption and tolerance for this practice, as if it were part of local business environments. The average score for Latin American countries in the 2016 Transparency International Corruption Perceptions Index was 44 out of 100; scores below 50 indicate governments are failing to tackle corruption.

Anti-Corruption Compliance Blog - 01 August 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en français


A few months after the publication of the ISO 37001 standard, ETHIC Intelligence was carrying out its first ISO 37001 certification. Later, I received feedback from the Compliance Officer of that certified company. He stated that the ISO 37001 audits had strengthened the organization’s compliance culture thus rendering the compliance program more effective.

International experts - 09 July 2017
Wendy Addison
Founder and CEO SpeakOut SpeakUp -

Wendy lived through an eleven-year battle against corporate corruption in a case known as South Africa’s Enron, the biggest corporate disaster in South Africa’s history. Since securing justice she has maximised her experience through the study of social psychology and the neuroscience of decision-making at Stanford University in addition to being accredited to train for Social FitnessTM, a course developed over 25 years at Stanford by Professor Emeritus Philip Zimbardo and Dr Lynne Henderson, Ph.D.

Anti-Corruption Compliance Blog - 01 July 2017
Philippe Montigny
President of ETHIC Intelligence - Paris

Article disponible en Français

 

This chapter’s title is a little provocative. The role of the Chief Compliance Officer is not to increase profit but to ensure that business is conducted in complete respect of relevant laws.

International experts - 09 June 2017
Scott Grant
Managing Director Granite Point Investigations & Ethics Consultants Ltd - Aberdeen, Scotland

Organisations have been externalising their whistleblowing arrangements through third party providers for many years now.

Some have done so, so as to conform with legislative requirements.

Some have done so because their peers have done so.

Some have done so because they required to tick a box in their compliance handbook and in an attempt to present an outward appearance of ethical transparency and excellence.

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