Companies anticipate adaptation to the Anti-Corruption Law
In force since January, but awaiting regulation by the Union, by the states and municipalities, the Anticorruption Law is already causing positive changes in companies. Organizations that have compliance practices in line with international anti-corruption laws improve their programs to also adapt them to the Brazilian standard.
The changes seek to improve documentation and monitoring of activities, as well as to encourage integrity. This is because Law 12.846 / 13 made companies responsible for the possible unlawful conduct of their employees, collaborators and even third parties. In addition, companies need to prove that they have done everything possible to prevent internal corruption in order to be entitled to lesser penalties in the event of conviction.
At the 2014 Latin America Ethics Summit, an event that counted as a sponsorship of ETCO - Brazilian Institute of Ethics in Competition, in July, in São Paulo, a Google representative informed that the company created a policy of participation in bids for its distributors that compete in public competitions . The company also developed a cross-checking system between e-mails and case files for bidding processes to monitor any irregularities.
Siemens said it provides anti-corruption training for employees and service providers. It also created reporting channels and protection mechanisms for whistleblowers that ensure anonymity and effective action for each reported irregularity. The objective is to maintain the integrity program's credibility. Another initiative was to subject third parties to the same compliance rules that are valid for employees.
The Gerdau representative said that the company created a compliance program that encourages ethical conduct inside and outside the organization. The company frequently promotes conduct training in interactions between managers and subordinates. In addition, he started to recognize positive behaviors to make it clear that he takes integrity seriously.
3M, on the other hand, said it had instituted due diligence for suppliers and created ethical performance evaluations for senior executives who count as criteria for promotions. With the initiative, the company hopes to disseminate a culture of righteousness based on the examples of the leaders. "Our program exceeds the authorities' expectations," said Latin America compliance leader Gary Zaugg.
The adjustments made by these organizations were not motivated only by the enactment of Law No. 12.846 / 13. They also stem from their interest in improving internal practices and the relationship with partners. "Compliance generates benefits in terms of reputation and lowers the cost of attracting talent and good suppliers," said Dennis Jacob, compliance officer at Becton Dickinson.
During the event, Law 12.846 / 13 was unanimously recognized by companies as an advance in the fight against corruption. However, the organizations did not fail to express their doubts regarding the functioning of the standard. “Spread competence can be a complicating factor, especially in encouraging complaints,” said Wagner Giovanini, director of compliance at Siemens.
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Partnership and integration are key words, since the exchange of intelligence information between the forces of repression, whether at the municipal, state or federal level, is fundamental to undermining the power of the powerful.