1. 1 Prevention of corruption in the private sector: the view from the Anti-Fraud Office of Catalonia Reducing corruption: focusing on private sector corruption (ISEC Programme) Final Conference TALLIIN, ESTONIA, 11-12 February 2016 Marisa Miralles Legal Advisor on International Affairs

2. 2 Presentation outline Principles of transparency and prevention of corruption in the private sector (Transparency International/Anti-Fraud Office of Catalonia) Practical tool for small and medium enterprises (ANUE) Conclusions

3. 3 Legal basis Art. 15.4 Law of creation of the Anti-Fraud Office of Catalonia: “may adopt initiatives aimed within the private sector at furthering the establishment of self- regulation mechanisms in order to prevent irregular practices, with particular application to tendering companies, companies awarded contracts and the beneficiary companies of public subsidies […]” Department of Private Sector, Ethical Management and Social Responsibility: To foster the establishment of self-regulation mechanisms in the private sector To ensure that private companies have sufficient internal accountancy control mechanisms to help prevent and detect corrupt behaviour. To promote the drawing up of rules and procedures aimed at preserving the integrity of private companies To promote cooperation agreements with the private-company sector in the sphere of training of the personnel most exposed to the risk of becoming involved in corrupt behaviour To cooperate technically with the Analysis and Investigations Departments of the Office in detecting accounting, business and financial structures and procedures used to conceal corrupt deeds, acts or behaviour.

4. 4 Principles of transparency and prevention of corruption in companies

5. 5 1. Compliance with the principles of good governance 2. Implementation in the company of a code of ethics 3. Implementation of compliance programmes 4.Implementation of reporting channels 5. Public information of the income of the top executives and managers Transparency principles (I)

6. 6 6. Public information on public contracts and information on the activities funded with public subsidies 7. Public information of the policies of social corporate responsability 8. Avoid practices of favouring and of corruption in the private sector 9. Avoid practices of bribery of foreign public officials 10. Compliance with tax obligations Transparency principles (II)

7. 7 Practical tool for small and medium enterprises (Global Compact Spain) Integrity Management system and transparency Aims to provide companies with tools allowing to detect corruption risks and to facilitate materials and updated information to implement the proposed methodology Detects and avoids corruption risks Manages the risks successfully Implement a program that protects from sanctions Improves transparency and integrity

8. 8 Integrity management system and tool

9. 9 Steps integrated in the plan Engagement from the management Diagnosis of the entity in transpareny matters Policies in favour of transparency Actions Follow-up of the management in favour of the transparency Communication Make transparency the leader from your organisation

10. 10 Conclusions Growth a common strategy with other companies with the idea that clean business can actually be a competitive issue. Engage with other stakeholders in collective action. Raise-awareness activities with the private sector and analyse the sectors to develop more tailor-made tools. Foster incentives for the persons who report corruption and to protect this figure.

11. 11 mmiralles@antifrau.cat +34 93 554 55 55 Thank you for your attention! Marisa Miralles Legal Advisor International Affairs, Director’s Cabinet