The standard was
developed by ISO technical committee ISO/TC 309, chaired by lawyer Neill
Stansbury, and published for the first time on October 15, 2016. The standard
was based upon existing guidance from the International Chamber of Commerce,
Organization for Economic Co-operation and Development, Transparency
International, and other organizations. The standard also incorporated guidance
issued by leading international regulators such as the US Department of
Justice, US Securities and Exchange Commission, and UK Ministry of Justice.
ISO 37001:2016
specifies the requirements and provides guidance for an anti-bribery management
system (ABMS) for organisations of any size, type and location. The Standard
gives organisations the opportunity to put in place a culture of integrity,
transparency and compliance, led by committed top management and board members.
For these organisations, putting in place an ABMS will significantly simplify
the process of compliance.
ISO 37001 covers
international best practice to help transform legislation into practical
policies, processes and procedures. It is designed to help organisations in any
jurisdiction put the correct anti-bribery practices in place and ensure that
they are being implemented adequately.
The scope of
implementing an ISO 37001:2016 ABMS requires organisations to consider:
The external and internal
issues;
The stakeholders
relevant to the ABMS;
The requirements of
the stakeholder; and
The results of a risk
assessment.
Appropriate mechanisms
have been devised in ISO 37001 to guard the organisation and its staff from
engaging in bribery if implemented effectively. Engaging in bribery does not
have to be premeditated and the person responsible may be unaware that their actions
constitute bribery (or acceptance of bribery), which is why it is important to
create and maintain staff awareness. Complying with ISO 37001 requires
organisations to have effective procedures in place, which detail how to deal
appropriately with, and respond to, the offer of a bribe and policies in place
to ensure a bribe is not offered.
ISO 37001 specifies a
number of anti-bribery policies and procedures that an organisation should
implement to assist in the prevention of bribery, and identify and deal with
any bribery that does occur. It can assist in promoting and maintaining a
compliance approach from top management down, and establishes an anti-bribery
compliance function appropriate to the size of the organisation and the
corruption risks it faces.
The ISO 37001:2016
adopts the "ISO High Level Structure (HSL)" in 10 chapters in the
following breakdown:
Chapter 1: Purpose
Chapter 2: Reference
standards
Chapter 3: Terms and
definitions
Chapter 4:
organization Context
Chapter 5: Leadership
Chapter 6: Planning
Chapter 7: Support
Chapter 8: Operating
Activities
Chapter 9: Performance
Evaluation
Chapter 10:
Improvement
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