Abstract
Corporate anti-corruption compliance programs are usually modified in response to internal and external developments to meet regulatory requirements and to be seen as being ‘dynamic’, but despite this they have yet to solve some of the more difficult corruption issues that still persist, even after decades of law enforcement. Collective Action provides a means to address the wider context of corruption risks by bringing together competitors as well as other market participants and stakeholders to seek common ground to reduce corruption. Companies should use their anti-corruption risk assessments systematically to identify where multi-stakeholder approaches could be used to tackle corruption risks more comprehensively, because risk assessments involve the business as well as compliance. The outcome would be a shift towards business driven integrity, and away from reactive and imposed anti-corruption compliance programs. Establishing a successful Collective Action takes time, trust and a skilled facilitator to ensure the goals are reached and all stakeholders commit to the agreement and take a long-term view.
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- 1.
- 2.
OECD (2010).
- 3.
United Kingdom Ministry of Justice (2011).
- 4.
See, for example, Transparency International, UK Chapter with PWC (2013), or A Guide for Anti-Corruption Risk Assessment, UN Global Compact Anti Corruption Working Group, September 2013.
- 5.
See Transparency International (2012).
- 6.
See US Department of Justice (2013).
- 7.
See Fox (2013).
- 8.
Pieth (2007), pp. 81ff.
- 9.
World Bank Institute (2008).
- 10.
World Bank Institute (2008).
- 11.
Design and Enforcement of Voluntary Anti Corruption Agreements in the Private Sector, a study commissioned by the G20 Anti Corruption Working Group and prepared on behalf of the B20 Task Force, Draft 30 May 2013, p. 5 (on file with the author).
- 12.
The principles set out in the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) (2012) Code of Practice aims to ensure that the same high standards of ethical behavior apply to the promotion of pharmaceutical products in all countries, regardless of the level of development of their economic and health care systems. The IFPMA Code Practice was first adopted as the foundation of a global approach to self-regulation by the pharmaceutical industry in 1981 and has been updated frequently since then.
- 13.
For more detailed references associated with this initiative see Zindera and Forstnig-Errath (2012), p. 185.
- 14.
The Argentina energy transmission sector collective action initiative was presented at the Second Latin American Conference on Ethics, Transparency and Anti-Corruption Compliance held in Buenos Aires on 1–2 August 2013.
- 15.
See Basel Institute on Governance (2013).
- 16.
World Bank Institute (2008), slide 58.
- 17.
See Mark Pieth’s remarks on the how the original defense integrity initiative was derailed by the BAE scandal; only to re-emerge as the Defense Industry Initiative on Business Ethics and Conduct: Pieth (2012), p. 11 (with further references).
References
Basel Institute on Governance (2013) Media release of 24 June 2013. http://www.collective-action.com/. Accessed 30 Sept 2013
Fox T (2013) GSK in China: a game changer in compliance. http://www.fcpablog.com/blog/2013/8/21/gsk-in-china-a-game-changer-in-compliance.html. Accessed 30 Sept 2013
International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) (2012) Code of practice. http://www.ifpma.org/. Accessed 30 Sept 2013
OECD (2010) Good Practice Guidance on Internal Controls, Ethics and Compliance, Annex II to the Recommendation of the Council for the Organization of Economic Cooperation and Development (OECD) For Further Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Corruption Compliance Framework) of 18 February 2010. http://www.oecd.org/. Accessed 30 Sept 2013
Pieth M (2007) Multi-stakeholder initiatives to combat money laundering and bribery. In: Brütsch C, Lehmkuhl D (eds) Law and legalization in transnational relations. Routledge, Oxford, pp 81–100
Pieth M (2012) Collective action and corruption. In: Pieth M (ed) Collective action: innovative strategies to prevent corruption. Dike Verlag AG, Zürich, pp 3–22
Transparency International (2012) Progress report 2011: enforcement of the OECD anti-bribery convention. http://www.transparency.org/. Accessed 30 Sept 2013
Transparency International, UK Chapter with PWC (2013) Diagnosing bribery risk-effective risk assessments. http://www.transparency.org.uk/our-work/publications/10-publications/678-diagnosing-bribery-risk/. Accessed 30 Sept 2013
United Kingdom Ministry of Justice (2011) Bribery act adequate procedures guidance. http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf. Accessed 30 Sept 2013
United States Department of Justice (2013) Press release. http://www.justice.gov/opa/pr/2012/April/12-crm-534.html/. Accessed 30 Sept 2013
United States Department of Justice and United States Securities Exchange Commission (2012) A resource guide to the US foreign corrupt practices act. http://www.justice.gov/. Accessed 30 Sept 2013
United States Sentencing Commission (2012) Federal sentencing guidelines manual 2012. http://www.ussc.gov/. Accessed 30 Sept 2013
World Bank Institute (2008) Fighting corruption through collective action, a guide for business, World Bank. http://info.worldbank.org/etools/docs/antic/Whole_guide_Oct.pdf. Accessed 30 Sept 2013
Zindera S, Forstnig-Errath B (2012) Siemens: promoting collective action—from theory to practice. In: Pieth M (ed) Collective action: innovative strategies to prevent corruption. Dike Verlag AG, Zürich, pp 177–196
Acknowledgment
My thanks to Radha Ivory for her helpful comments and suggestions on an earlier draft version. Any errors remain the responsibility of the author.
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Aiolfi, G. (2014). Mitigating the Risks of Corruption Through Collective Action. In: Brodowski, D., Espinoza de los Monteros de la Parra, M., Tiedemann, K., Vogel, J. (eds) Regulating Corporate Criminal Liability. Springer, Cham. https://doi.org/10.1007/978-3-319-05993-8_11
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