Answer ... The implementation of robust anti-corruption compliance programmes requires a detailed due diligence exercise to be undertaken to consider not least:
- the various stakeholders within the business;
- the territories involved (ie, whether the programme must be sufficient to comply with legislative requirements across various jurisdictions);
- the potential risk factors (eg, financial controls); and
- whether any policies or procedures are currently in place.
Once this due diligence exercise is complete and the relevant information available, the emphasis must be on ensuring that an appropriate and clear and comprehensive anti-bribery and anti-corruption policy is in place, with suitable reporting structures and consequences for non-compliance. To effectively implement the policy, it is vital that all employees and stakeholders are aware of the policy, are adequately trained in relation to same and are acutely aware of their accountability under the policy. One of the key challenges faced in the implementation of an effective anti-bribery programme is in the monitoring and review of the programme, and testing should be carried out on a regular basis to determine the effectiveness of the programme and compliance with same. This will highlight any deficits in the programme by reason of, for example, changing work practices; and will ensure that any such issues are escalated and addressed at the earliest opportunity with a view to maintaining a robust anti-corruption environment and zero tolerance approach to bribery and corruption.