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.
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.
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.
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.
The ISO 37001 is a new anti-bribery standard that could significantly help businesses thrive in a challenging global environment. It won’t open any pod bay doors, but it brings to organizations a much-needed level of anti-bribery guidance, combined with meaningful incentives for standard adoption. And it’s applicable to all institutions, regardless of size, structure, geography, or jurisdiction.
When we think of corruption, we automatically associate the word with a state of rotting affairs, events pernicious to our health and/or that of our countries. Such images are only natural, as historically the term was first associated with the decay in moral standards and only later did it assume legal connotations. Its conspicuity in the media is a relatively recent feature, however. Since the mid ’90s corruption has become a regular feature of front pages and TV reports throughout the “free” developing world, as well as a regular topic of conversation in many industrialized nations.
In October 2016, Tim Sloan, the new CEO of Wells Fargo (WFC) and successor of John Stumpf who has been accused of allowing fraudulent practices to occur within Wells Fargo for years unobstructed, stated, “as the new CEO, my immediate priority is to restore trust and confidence in Wells Fargo. We are fully aware of the fact that it will take time and a lot of energy to rebuild our reputation. We have made mistakes and we apologize.”
The B20 stands for “Business 20”. It is the voice of global business in the political discussions held by the Governments of the twenty, economically strongest developing and developed, countries, the “G20”.
The African Development Bank estimates that USD 148 billion is lost to corruption in Africa every year. While sub-Saharan Africa has become a commercially significant market, bribery and corruption risks are deterring higher rates of investment and the ability of companies to conduct business fairly on a level playing field. The Organisation for Economic Cooperation and Development (OECD) together with the African Development Bank (AfDB) recently published an Anti-Bribery Policy and Compliance Guidance for African Companies (‘Guidance’) as a practical tool to help raise awareness of anti-bribery compliance measures.
On February 8, 2017, the United States Department of Justice (“DOJ”) issued guidance on the “Evaluation of Corporate Compliance Programs” (the “Compliance Evaluation Guidance”).1 In deciding whether to charge a business organization, the DOJ asks these “common questions” regarding an organization’s pre-existing compliance program and its remedial efforts.
Richard Bistrong has been contributing to the ETHIC Intelligence Experts’ Corner for a couple of years now, but he usually does it from the comfort of his office. This time, however, with the termination of probation and return of his passport in January 2017, he has been traveling. Richard has recently visited Beijing and Shanghai to address law firms, multinationals, and cross-industry compliance groups. He shares some of his observations of corruption prevention and compliance in China.
Companies and public entities that are covered by the new French Anti-Corruption law, Sapin II, are required to adopt a compliance program that includes an internal whistleblowing mechanism “to allow employees to report acts or behaviors that violate the company’s Code of Conduct”.
Thank you so much for having me! The new book is called the Wildly STRATEGIC Compliance Officer Workbook, and the goal of the book is to transform compliance professionals from fire-fighters into in-demand business assets by using planning and strategy secrets.
Yes. French authorities have been long criticized for ineffective enforcement of their anti-corruption legislation. The “Law Regarding Transparency, the Fight Against Corruption and the Modernization of Economic Life,” known as the Loi Sapin II, was promulgated on December 9, 2016 and provides for some significant changes in the current French anti-corruption legal and regulatory administrative structure, as well as some specific amendments to the general French criminal law and procedures.
The recent publication of the ISO standard 37001 on anti-bribery management systems is garnering more and more interest from a variety of sectors and organizations. For the first time, more than 80 countries were able to agree on a set of requirements which facilitate the design of an anti-bribery management system. The requirements apply not only to companies but also to administrations, associations, NGOs….
On December 21, 2016, US and Swiss prosecutors announced that Odebrecht, Latin America’s largest construction conglomerate, had agreed to a wide-ranging bribery resolution with authorities in Brazil (Ministério Público Federal), the United States (Department of Justice, and Securities and Exchange Commission) and Switzerland (Attorney General) with combined penalties of at least US$ 3.5 billion. These penalties are by far the largest monetary sanction ever imposed in a global foreign bribery resolution, dwarfing the previous record of US$ 1,6 billion imposed on Siemens AG in 2008.
In May 2018, the General Data Protection Regulation (GDPR) will come into force with tighter data protection provisions and stronger enforcement of those provisions. It will provide a single set of regulations in all EU member states, thereby replacing current national data protection laws. And, it will have wide-reaching impact on organisational Whistleblowing systems.
I’m Alexander Stein, Founder of Dolus Advisors. We deploy expertise in human risk forecasting and psychodynamic intelligence analysis—actionable insight about human behavior and its drivers—to help companies proactively mitigate and respond to corruption, fraud, and other malicious insider and white-collar malfeasance risks. We also partner with organizational governance, culture, compliance, and ethics professionals, as well as international investigations and intelligence firms, and multinational fraud and asset recovery organizations (such as ICC FraudNet),
The reasons for applying standard-based management systems are that standardization reduces complexity and cost whilst increasing effectiveness. Businesses introduce risk and compliance management systems to make sure that their (legal) risks are treated effectively. On top of that, organizations and managers that are suspected of not meeting all their compliance obligations are increasingly exposed to merciless public criticism and strict government enforcement action.
The UAE is one of the most resilient economies in the world. Its visionary rulers foresaw the dangers of over reliance on oil years back, and made determined efforts to diversify the economy. This created a myriad of opportunities in the market and businesses from across the world rushed to the UAE. However, it appears that many international companies, although clearly enjoying the market growth, are oblivious to the implications of such growth on compliance. In terms of anti-corruption, their attention is confined to the US Federal Corrupt Practices Act (FCPA) or the UK Bribery Act and they are unaware of the anti-corruption laws in the UAE.