Anti-Corruption Certification

To get certified

International experts - 26 May 2012
David Salmon
Director, DNV Certification - London, UK

Anti-corruption certification is clearly one of the recommendations issued by the UK Ministry of Justice detailed in the Bribery Act Guidance. The Guidance Principle n° 6 devoted to the monitoring and review of procedures designed to prevent corruption states in its last paragraph (6.4) “organisations might wish to consider seeking some form of external verification or assurance of the effectiveness of anti-bribery procedures. Some organisations may be able to apply for certified compliance”.

International experts - 24 May 2012
Rebekah Poston and Gabriel Colwell
Squire Sanders - USA

Is there concern among U.S. lawyers as to how broadly the U.S. Department of Justice (DOJ) interprets the term “Foreign Official” as that term is used in the U.S. Foreign Corrupt Practices Act (FCPA)?

Yes. The FCPA prohibits offers, promises or payments of anything of value, directly or indirectly, to “foreign officials.” A “foreign official” is a term defined within the FCPA to include officers and employees of government departments or agencies. Where this statute becomes less precise is when it further defines “foreign officials” to include officers and employees of government “instrumentalities.”

International experts - 12 May 2012
Yvette Lingom
C5 Divisional Manager, Legal - London, UK

The C5 organized its first anti-corruption conference in South Africa last September and will be holding a similar conference this June in Ghana. 

What explains C5’s increased interest in anti-corruption on the African continent?

C5’s interest in Anti-Corruption in Africa comes from the demand of the market. Each of our events is based on a solid foundation of research conducted with industry key players. This interest was heightened following recent FCPA cases against Panalpina, Halliburton, KBR and now Mabey & Johnson and Marubeni which have all arisen either directly or indirectly from their operations in Africa.

International experts - 04 May 2012
Stacey English, Susannah Hammond
Thomson Reuters’ Governance, Risk & Compliance business -

Why a survey on the costs of compliance?

Thomson Reuters Governance Risk & Compliance conducts an annual cost of compliance survey focused on financial services firms around the world with the aim of highlighting not only the ongoing costs of regulatory compliance for firms but also to benchmark the greatest challenges for the year ahead.

International experts - 27 April 2012
Nicola Bonucci
Legal Director of the OECD and Chair of the International Bar Association Anti-Corruption Committee - Paris

What is the Anti-Corruption Strategy for the Legal Profession?

The Anti-Corruption Strategy for the Legal Profession is an initiative launched in April 2010 by the Organisation for Economic Cooperation and Development (OECD), the International Bar Association (IBA) and the UN Office on Drugs and Crime (UNODC). It began with a survey carried out by the IBA which was designed to assess the knowledge and understanding of the legal profession in terms of corruption.

International experts - 26 April 2012
David Lawler
Partner at Forensic Risk Alliance - London, UK

The Most Frequently Asked Questions in Anti-Bribery and Corruption

Of all the business textbooks in circulation at the moment, the Frequently Asked Questions series, published by Wiley, is perhaps the most interesting. Each book in the series contains several chapters explaining the fundamentals of a topic, and then sets out answers to about 50 of the burning questions of the day. Perhaps, though, I am slightly biased, because I was recently honoured to have been asked to write Frequently Asked Questions in Anti-Bribery and Corruption!

International experts - 22 March 2012
Iain McLeod
Responsible for SAI Global’s compliance business -

What are the UKBA’s requirements on 3rd party due diligence? How does this requirement impact companies’ day to day business?

The UKBA is unique in its scope and has frequently been described as the toughest anti-bribery legislation in the world. It makes a business responsible not only for the actions of its employees, but also for those of all ‘associated persons’.

International experts - 22 March 2012
Vincent Béglé
Of Counsel at Norton Rose LLP -

Why should due diligence be conducted on third parties?

Companies which conduct business overseas face growing legal and reputational risks. Those risks have become even more important because of increasingly complex business regulations worldwide, mounting pressure from regulators, enforcement agencies and civil society, and a dramatic increase in levels of business carried out in higher risk jurisdictions.

International experts - 21 March 2012
Sven Bierman
Director of Anti-Corruption projects at HUMBOLDT-VIADRINA School of Governance - Berlin, Germany

Why did the HUMBOLDT-VIADRINA School of Governance choose to conduct a survey on anti-corruption incentives and sanctions for business?

In recent years we have not only seen a steady increase in the acknowledgment of the important role businesses play in the global fight against corruption, but also an emerging debate on mechanisms that could motivate businesses to counter corruption and how different societal actors could use and target these motivations.

International experts - 13 March 2012
Philippa Foster Back
Director of the Institute of Business Ethics -

What risks do companies face from not having a gifts & invitations policy? Usually, small amounts are involved –surely authorities have bigger fish to fry?

The giving and receiving of gifts and entertainment are commonly accepted business practices the world over. They help to form and to strengthen business relationships and can be used to mark important business achievements.

International experts - 28 February 2012
Robert Mayo, Thibaut Kazemi, James Dunlop, Fahad Habib, Linda Hesse, Harriet Terrett
Jones Day - Paris, Chicago, Dubai, London

What are the main corruption-related risks faced by companies contemplating an M&A transaction?

The risks will vary depending on the buyer, the target and the structure of the transaction. The main risks are: (i) acquiring a company that is tainted by corruption, and therefore assuming criminal and civil liability; (ii) paying too much for the acquired company or business, to the extent that part of the revenue and/or profit is based on corrupt behavior, and is therefore not sustainable; and (iii) risk to reputation of the buyer. In addition, there is the risk associated with the drain on management of resolving any issue along these lines that does show up.

International experts - 28 January 2012
Philippe Montigny
President of ETHIC Intelligence -

Can compliance officers be questioned during a judicial investigation into an act of corruption?

Several compliance officers have indeed been questioned by authorities during judicial investigations and have even been subjected to personal investigations. Authorities naturally try to determine what exactly the compliance officer was aware of in any given corruption allegation.
Whether at headquarter or subsidiary level, compliance officers commonly wonder what their judicial responsibilities would be in the event of an investigation into an alleged act of corruption.

International experts - 27 January 2012
François Vincke
President of the International Chamber of Commerce (ICC) Anti-Corruption Commission and member of the ETHIC Intelligence Certification Committee -

The International Chamber of Commerce (ICC) issued another document on corporate compliance, the ICC Rules on Combating Corruption 2011. Are companies not already finding it difficult to cope with so much guidance?

I understand very well that operational people in the companies are saying: “Please, do not issue new guidance. We are already not able to deal with the existing ones.”

International experts - 26 January 2012
Charlie Monteith
Architect of the UK Bribery Act and current member of the ETHIC Intelligence certification committee. -

What was your role in drafting the UK Bribery Act and Guidance?

The UK Law Commission (LC) was tasked with drafting a suitable Bribery Act. I was part of the LC Advisory Panel. Originally, it was to be for a new Corruption Act but that was the first thing we ditched because bribery is easier to define than corruption.

International experts - 23 January 2012
Dominique Lamoureux
VP Ethics and Corporate Responsibility at Thales -

Major companies in the defense and aerospace industry have adopted the « Global Principles of Business Ethics”. What are they and how do they contribute to the field?

The Global Principles of Business Ethics is an initiative launched by both the Aerospace Industries Association of America (AIA) and the Aerospace and Defence Industries Association of Europe (ASD).

International experts - 10 January 2012
Sidney Vianna
Director of Aviation Space & Defense Services for DNV Business Services North America -

How are corruption issues seen in Brazil today?

For the last few years, the Brazilian society has been voicing their collective dissatisfaction with continual cases of endemic corruption, especially the ones emanating from the political bodies. After finally ascending to power in the early 2000’s, the Labor Party was expected to bring a higher level of ethics to the way government (at all levels; federal, state, municipal, etc.) conducts itself.

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