Friday, 18 May 2012
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Friday, 17 February 2012

Global reach demands sharper focus on corruption claims Burbidge-King

By Vic Wyman, Brussels
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The risk of the discovery at home of a small, ‘insignificant’ bribe to a customer in some remote, poor country is becoming too great, warns John Burbidge-King, CEO of Interchange Solutions, the anti-bribery, corruption and fraud risk mitigation consultancy.


John Burbidge-King, CEO of Interchange Solutions

The increasingly interconnected world, the growing unwillingness of young people to pay bribes for simple services, as evidenced in the Arab Spring, a new generation of business people and the increasing cooperation of regulators around the world are all helping to outlaw corruption, claims the former Royal Marine who recently submitted evidence to the UK Parliament’s Joint Committee on its Draft Bribery Bill and is a member of the standing committee for the UK anti-bribery standard BSI 10500.

“Bribery gets out. It’s a connected world,” he told Commercial Risk Europe. “Companies have to be much more mindful of discovery.”

Discovery could also quickly lead to the unravelling of major parts of a company’s business and big problems for executives, making such corruption too risky, said Mr Burbidge-King. He also claims that many firms are ignorant of the real benefits of doing business cleanly at home and abroad, such as lower costs and the potential for winning new contracts. “There is a huge business opportunity,” said Mr Burbidge-King.

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The opportunity comes alongside the obvious benefit of avoiding the risk of large fines, he said, citing engineering group Alstom, aluminium maker Alcoa and aircraft manufacturer Embraer as examples of large firms that have either been fined or are under investigation for making bribes. Guilty private individuals and employees could also face stiff penalties, including confiscation of assets and personal disgrace.

Small businesses, especially those that trade overseas, are also likely to face more legislation targeting corrupt practices. In the UK, for example, the bribery act that Mr Burbidge-King contributed to took effect last July and, despite widespread criticism that it is weak and ineffective, will see prosecutors aiming for early successes by getting high-profile heads on stakes, said the expert consultant.

“We have not even seen the tip of the iceberg in terms of the number of companies, directors and employees facing prosecution, fines and possible imprisonment because of the act,” he said. The corrupt could also fall foul of US foreign and corrupt practices legislation, as much international trade passes through US territory or is carried out in US dollars.

Although Mr Burbidge-King suspects that there was some ‘clearing out of the cupboard’ in advance of the UK bribery act taking effect, as the law is not retrospective, he says that not all of business has yet got the message. “They don’t think that they do it,” he noted.

In particular, audit committees around the world often have their heads in the sand, despite increasing concern among shareholders about corruption and the risk to their investments, he says.

However, Mr Burbidge-King believes that malpractice in some cases is the result of naivety, as well as failures by European firms to carry out due diligence and risk assessment when entering new markets. “They just haven’t thought about it as business risk,” he said.

For example, a company could be at great risk should a firm somewhere down the supply chain be put out of business by fines for corruption that have nothing to do with the final customer. “The supply chain issue is not just that a supplier might just try to bribe your company,” said Mr Burbidge-King.

Interchange’s recommendations include: obtain unequivocal board commitment; review all agency and associated personnel arrangements to ensure that their contracts include anti-bribery provisions; review standard terms and conditions of doing business; educate the supply chain; embed anti-bribery strategy in business planning; and use good business ethics as a unique selling point.

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