1. Business Ethics Rotary Club of Toronto Eglinton
Bronwyn Best
President,
Heiwa Business International
Senior Associate, InterPraxis
6 December 2017

2. Why business ethics matters to your bottom line Chartered Accountants Australia and New Zealand
“…argues that ethical conduct has moved front and centre as corporations are increasingly exposed to the glare of public scrutiny. In particular, there has been a fundamental shift over the past few years that requires a complete rethinking of the functions of compliance, governance and social accountability, putting ethics into the daily vocabulary of mainstream management ….Effective management of business ethics requires an organizational strategy that is in tune with wider societal values and the public’s new expectations of business.”
Walter Wells – Are there good ways of dealing with situations where the lack of ethics prevails?

3. Transparency International (TI)
Global Coalition against Corruption
Created in 1993; International Secretariat in Berlin; 100
Chapters (TI-Canada – 1996)
Corruption = abuse of entrusted power for private gain –
grand, petty, looting, money laundering, private-to-private
The Vision of Transparency International = a world in
which government, politics, business, civil society and the daily
lives of people are free from corruption
Coalition of private, public, civil society, academia and media
$1.5 trillion per year lost through bribery

4. Anti-Corruption Conventions
OECD Convention on Combating Bribery of Foreign Public Officials, a.k.a. OECD Anti- Bribery Convention, 15 February 1999
Inter-American Convention against Corruption – 1997; Follow-up Mechanism for the Implementation of IACAC (MESICIC) – 2002
UN Convention against Corruption

5. Anti-Corruption Legislation
Foreign Corrupt Practices Act – US – 1977
Corruption of Foreign Public Officials Act – Canada – 14 February 1999; amended 2013
UK Bribery Act

6. CFPOA
Every person commits an offence who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official
Up to 14 years in jail; unlimited fines

7. Canadian Cases Hydro Kleen – 2005 Niko Resources – 2011
Griffiths Energy – 2013
SNC-Lavalin – 2015
Nazim Karigar

8. TI-Canada Anti-Corruption Compliance Checklist
One-stop shop, providing tools to enhance risk management process of corporation of any size, in line with the CFPOA
Elements of an anti-bribery/corruption management system
Creates value for businesses and for governments that work with them
ensure Transparency, Accountability, Integrity - TAI
In PDF format, easily downloadable, with live links: content/uploads/2014/09/2014-TI-Canada_Anti- Corruption_Compliance_Checklist-Third_Edition pdf

9. Business Integrity Toolkit – Six steps for building
an effective anti-corruption programme:
transparency.org/whatwedo/tools/business_integrity_toolkit/0/
Transparency International's Business Integrity Toolkit is a six-step process for building an effective corporate anti-corruption programme.
1. Commit to an anti-corruption programme ‘from the top’
2. Assess the current status and risk environment
3. Plan the anti-corruption programme
4. Act on the plan
5. Monitor controls and implementation
6. Report internally and externally on the programme 9 9

11. ACT - DBWB Doing Business Without Bribery – e-learning tool
(TI – UK)
Learning outcomes:
What is bribery and why is it important?
Case scenarios – how to prevent and resist bribery
Bribery laws and the consequences of bribery for you
How to report cases of bribery
Canadian English version/Canadian French version:
Free, unless track/brand/adapt

12. ACT - DBWB

13. MONITOR – TI Self-Evaluation Tool (SET)
is a checklist that enables companies to examine and assess the design of their anti-bribery programme
comprised of an in-depth and extensive range of 241 core indicators
identifies the policies, procedures and reporting indicators that companies should consider for their anti-bribery programmes
help companies to determine where they stand, identify improvements and prepare reports for management, assurers and stakeholders
can assist companies to manage risks more effectively and improve their operational efficiency

14. MONITOR – TI Self-Evaluation Tool
Consistency with anti-bribery laws
It is usual for a company to state publicly a policy to comply with the laws and regulations in all the countries in which the company and any subsidiaries operate. Thus it should be made clear to employees and intermediaries that they should make it their business to understand what the local laws provide, the risks and sanctions that apply as well as alerting them to the extra-territorial reach of anti-bribery laws of the OECD and other countries. Before introducing policies and procedures the company should make sure they are consistent with local laws. Strengths, Improvements Areas, To Do, Comments Y N
N/A
Un-clear
In plan?
Plan date
Rating
Comment
Evidence reference 21
Is there a policy that the Programme should be consistent with all relevant anti-bribery laws in all the jurisdictions in which the company transacts its business?
      22
Is there a procedure to ensure the Programme is consistent with all relevant anti-bribery laws in all the jurisdictions in which the company transacts its business?

15. ISO 37001 – Anti-Bribery Management Systems - 2016
Specifies a series of measures to help organizations prevent, detect and address bribery
These include adopting an anti-bribery policy, appointing a person to oversee anti-bribery compliance, training, risk assessments and due diligence on projects and business associates, implementing financial and commercial controls, and instituting reporting and investigation procedures

16. REPUTATION
“True ethical leaders do not compromise their standards for material gain.” ---Auditor General of South Africa