5.2 - Anti-bribery policy : Compliance with laws
ISO 37001
How to Answer the Question
To effectively address how an organization ensures its anti-corruption policy complies with all applicable laws, include the following elements:
- Policy Development: Describe how the anti-corruption policy is developed with the input of legal experts to ensure it aligns with both national and international laws.
- Regular Reviews: Explain the process of regular policy reviews and updates to incorporate changes in the legal landscape and ensure ongoing compliance.
- Training and Communication: Highlight how the organization trains and communicates these policies to ensure that all employees understand and comply with them.
For detailed guidance, consider referencing the [Agence Française Anticorruption](https://www.agence-francaise-anticorruption.gouv.fr).
Why It's Important
Ensuring that an anti-corruption policy complies with applicable laws is crucial because:
- Avoids Legal Penalties: It helps prevent legal sanctions against the organization for non-compliance.
- Enhances Reputation: Maintains or enhances the organization's reputation as a law-abiding and ethical entity in the business community.
- Promotes Ethical Culture: Fosters a culture of integrity and transparency that can deter corrupt practices internally and in dealings with third parties.
More about the importance of compliance can be found at [Global Compliance News](https://www.globalcompliancenews.com).
Examples
- Example A:
- Context: A pharmaceutical company regularly updates its anti-corruption policy to align with new healthcare regulations and international bribery laws.
- Resources Deployed: Collaboration with legal advisors, annual compliance training sessions.
- Outcome: The company successfully passed multiple external compliance audits without any violations.
Detailed compliance mechanisms are discussed in [Kaspersky’s Global Anti-Corruption Compliance Policy](https://www.kaspersky.com).
- Example B:
- Context: An international construction firm integrates specific clauses in its anti-corruption policy to comply with the OECD Anti-Bribery Convention and local construction laws.
- Resources Deployed: Legal consultations, compliance software for tracking legislation changes.
- Outcome: Enhanced operational compliance, resulting in reduced legal risks and improved contractual relationships with international partners.
For an overview of applicable laws, visit [OECD’s guidelines on anti-corruption](https://www.oecd.org).
Also in
Leadership
- 5.1.2 - Resource allocation
- 5.1.2 - Control and effectiveness
- 5.1.2 - Integration into management processes
- 5.1.2 - Communication strategies
- 5.1.2 - Promotion of anti-corruption culture
- 5.1.2 - Support for management functions
- 5.1.2 - Resource allocation for anti-corruption
- 5.1.2. - Anti-corruption communication strategies
- 5.1.2 - Promotion of reporting mechanisms
- 5.1.2 - Protection against retaliation
- 5.1.2 - Reporting to governing Body
- 5.2 - Anti-bribery policy : Explicit prohibition of corruption
- 5.2 - Anti-bribery policy : Tailoring policy to organizational objectives
- 5.2 - Anti-bribery policy : Framework for anti-corruption objectives
- 5.2 - Anti-bribery policy : Manifestation of commitment
- 5.2 - Anti-bribery policy : Encouragement of reporting
- 5.2 - Anti-bribery policy : Continuous improvement
- 5.2 - Anti-bribery policy : Compliance function authority
- 5.2 - Anti-bribery policy : Consequences for non-compliance
- 5.3.1 - Top management responsibility
- 5.3.1 - Assignment of responsibilities and authorities
- 5.3.1 - Managerial compliance
- 5.3.2 - Anti-bribery compliance function : Role and authority