New international standard a key feature in ENSafrica’s latest anti-bribery and corruption survey
The survey indicated that:
The new anti-bribery management system
Other survey results
Respondents listed the following areas as the most crucial in terms of their ABMS (in order of importance):
A significant concern is that 44% of respondents highlighted “adequate resources and budget for compliance team” as the most challenging measure that may impede the ability to implement the ABMS. ISO guidance recommends that organisations should appoint a compliance manager to oversee the design and implementation of the ABMS programme. The role includes advising and guiding personnel on the ABMS system and on issues relating to bribery, and ensuring compliance with the ISO standard. Management of the organisation must ensure that this role is adequately resourced and assigned to appropriate persons with the necessary skills, competence, status, independence and authority. Additionally, there should be sufficient budget, including in the anti-bribery compliance function, for the ABMS to function effectively.
31% of respondents indicated that they had already, or would be, implementing the ABMS in the near future, with respondents stating that assurance to management, investors, business associates, personnel and other stakeholders that their organisation was taking reasonable steps to prevent bribery was the most important benefit of ISO 37001.
The South African Department of Justice and Correctional Services recently published the Prevention and Combating of Corrupt Activities Amendment Bill, which proposes amending the Prevention and Combating of Corrupt Activities Act, 2004 (“PRECCA”).
The Bill places an obligation on persons in a position of authority (as defined in PRECCA) to implement an internal compliance programme to ensure offences are detected and reported. However, the Bill is silent on guidance on what this programme should look like or how it should be implemented. ABMS provides a blue-print solution for such an internal compliance programme.
The information contained in this article is of a general nature and is not intended to be construed as specific legal advice to any individual or entity. Neither ENS Forensics (Pty) Limited, nor Edward Nathan Sonnenbergs Incorporated (trading as ENSafrica), will accept any liability whatsoever that arises out of any reliance on the information contained herein. Should any person require specific legal advice applicable to their specific circumstances, such advice should be obtained from an appropriately qualified legal practitioner.
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