The implementation of an Anti-Bribery Management System by companies brings numerous benefits
By Christian Fernandes Rosa
The Brazilian Anti-Corruption Law, Law 12,846/2013, introduced innovations in the legal regime of liability for acts harmful to the public administration. It also stood out by establishing, in its article 7, item VIII, that legal entities subject to the law could structure an integrity program, a set of “internal integrity mechanisms and procedures”, and that its implementation would even be grounds for reducing the applicable sanctions in the event of an infraction. The initial 2015 regulation, revised by the recent Decree No. 11,129/2022, set out the requirements for the proper functioning of this program, an effective anti-corruption risk management and controls program.
Adopting a risk management system rationalizes the identification of vulnerabilities and proposes proportionate treatment, ensuring the effectiveness of control efforts. And in this effort, the use of well-tested management methodologies, applied across a wide variety of jurisdictions and business environments, can be an extremely useful strategy for structuring a good integrity program.
The implementation of an Anti-Bribery Management System by companies brings numerous benefits
Of note is the initiative of the International Organization for Standardization (ISO) which, drawing on the experience of experts from around the world, developed the ISO 37001 standard, which provides guidance for adopting an Anti-Bribery Management System (ABMS), a rational model for addressing anti-corruption and anti-fraud risks that can be adopted by any organization, public or private, with the aim of preventing, detecting and responding to the risk of bribery in its operations.
In Brazil, ISO 37001 certification can be obtained through any body accredited by the National Institute of Metrology, Quality and Technology (Inmetro) or by other accreditation institutions, through independent audits.
In the business sphere, adopting the model means maintaining and encouraging good governance practices, because its methodology considerably mitigates the risks mentioned by establishing procedures capable of detecting vulnerabilities before they affect the organization. It fosters an environment of trust and credibility, enhancing new business opportunities, especially in a market that increasingly requires companies to adhere to contemporary compliance practices, such as those of the ESG (Environmental, Social and Corporate Governance) movement.
In this sense, adopting ISO 37001 reflects the organization’s commitment to a paradigm shift that is more consistent with the social function of companies and sustainable value creation in the private sector.
In addition, legal and strategic factors point towards adopting the ABMS. As a compliance model, this system allows companies to remain in line with the Anti-Corruption Law (Law 12,846/2013) and related legislation, which reduces the risk of misconduct and corresponding sanctions for non-compliance with Brazilian rules, protecting organizations and their executives from the financial and reputational damage that accompanies such events.
On the other hand, should a harmful event occur, it also matters that the company has adopted an ABMS, because this shows the organization’s due care in adopting internal integrity mechanisms and procedures, which can be used as a mitigating circumstance when setting any administrative fine, whose amounts are always substantial.
In practice, an ABMS as set out in ISO 37001 proves to be the best mechanism for combating corruption in business activity in its most common form, bribery, because it is a rational and comprehensive governance instrument, allowing local legal requirements to be integrated under an internationally recognized methodology for implementation, operation and monitoring, thus enabling its independent audit and certification.
Moreover, certification under other international standards such as ISO 9001 (Quality Management System), ISO 14001 (Environmental Management System) and ISO 45001 (Occupational Health and Safety Management System) is already standard practice in companies, and these models already apply the necessary general methodology. In this scenario, understanding, implementing and integrating the Anti-Bribery Management System with the other systems becomes easier and faster, since all ISO standards follow a common structure.
This results in even greater compliance, an integrated management system that broadens the company’s compliance scope, aligning it with the values of its leadership and business strategies, while keeping Brazilian rules on combating corruption, money laundering and fraud in general on the agenda.
In summary, ISO 37001 is part of a global compliance policy that seeks to foster a culture of integrity and transparency and to help organizations fulfill their legal obligations efficiently (in terms of resources) and effectively (in terms of results).
The implementation of an Anti-Bribery Management System by companies brings numerous benefits, ranging from supporting good governance practices aligned with international best practices in combating corruption and fraud, to compliance with national anti-corruption legislation and government requirements, preserving and creating greater value for private organizations and their executives, partners and shareholders.
Article originally published in the Valor Econômico newspaper (in Portuguese), on 10.07.2022.
