Medical network on July 5th - "in the judicial case, most of the companies involved in bribery crime has said don't want to take the initiative to bribery, because bribery not only increased the cost of doing business, and increase the legal risk. These reasons corporate bribery is often worry with the competitive relations of the corporate bribery ahead of time, while their lose in the competition of the starting line."
The anti-bribery management system is officially released!
The country's first local anti-bribery area, the shenzhen standard for anti-bribery management system (hereinafter referred to as the shenzhen standard), will be implemented on July 1 this year.
About the establishment of the system and introduced the background, vice secretary of discipline inspection commission of shenzhen grace meng in the "standard of shenzhen" conference pointed out that the standardization of management means introducing bribery governance field, help from strict control on both ends of the bribery bribery risk, promote the comprehensive and integrated system of anti-corruption system.
On July 3, shenzhen held an international standard for anti-bribery management system and a training course for shenzhen standard, which was first interpreted by shenzhen standard institute.
In the future, anti-corruption and anti-bribery will not only be against itself, but also the responsibility and obligation of the supply chain chain, such as suppliers and customers. At the same time, when prevention and control of bribery, the whole process will be left to prove that the whole process has been managed.
"The current criminal law, for embezzlement and bribery crimes, most is for state personnel. While the shenzhen standard applies to all businesses, enterprises not only to state functionaries of bribery, bribery between enterprises, also compared with the scope of criminal law regulation more broadly." Zhang liwen, director of the criminal litigation department of Beijing jingshi law firm, told the media.
As early as 2011, the UK formulated the code of anti-bribery management system, leading the introduction of standardization into the field of anti-bribery management.
Under the British advocates, the international organization for standardization anti-bribery program committee was established in 2013, set out to develop the management system of international standards on bribery, China to participate in the member states, in the central commission for discipline inspection organization of the international cooperation agency, shenzhen participated in the development of international standards. In October 2016, ISO37001 "anti-bribery management system requirements and usage guide" was officially released.
Sun, deputy director of tianjin municipal people's procuratorate office took to this special feeling to reporters, "in the judicial case, most of the companies involved in bribery crime has said don't want to take the initiative to bribery, because bribery was increased business costs, and increase the legal risk. These reasons corporate bribery is often worry with the competitive relations of the corporate bribery ahead of time, while their lose in the competition of the starting line."
"The introduction of" standard of shenzhen ", can let all import enterprise system standard, there is a set of follow, quantifiable standard, make the enterprise out of the cycle of competition by unfair means." Sun said.
It is important to note that the standard "bribe" is defined as any improper benefit value, namely, bribery is not only money, gifts, hospitality, such as dominant interests, also include information sharing, obligations and responsibilities to waive such as implicit way of bribery.
In addition, the standard requires enterprises found in control to prevent bribery, need to have all sorts of records, save the document information, full marks, has been in place in order to prove that the whole process control, at the same time for supervision and inspection.
"Standard requires enterprises can rely on existing compliance, risk control and audit departments established anti-bribery functional departments, and for the anti-bribery management system construction and operation to provide the necessary resources, including people, money, and so on various aspects, especially in the area of human resources, require the anti-bribery provisions contained in the employment contract and requirements, in the key post personnel to conduct due diligence when hiring and promotion, continuously conduct anti-bribery education training, etc."
The controller introduces, standard put forward eight major control measures should be taken, such as the low risk of bribery or more projects, activities, business partner, specific employees in jobs such as conducting due diligence, sufficient financial control measures; Strengthen control over non-financial aspects such as procurement, operation, sales, human resources, legal and regulatory activities, and strictly manage the provision of gifts and hospitality; Business partners are required to implement anti-bribery control measures and establish reporting procedures and investigation and processing mechanisms.
Professor of Peking University law school professors, constitution and administrative law research center of Peking University says Jiang Mingan evaluating a New Deal, director of the shenzhen recently released "anti-bribery management system" in anti-bribery mechanism, the system has many important innovation, its significance is significant. Of course, the effect how, nature has yet to be time inspection, but for the governance of commercial bribery is an important role, is worthy of reference for the rest of the country, also worthy of top leaders and experts and scholars do anti-bribery top-level design as a reference:
According to the document, the instructional technology file is applicable to all business organizations in all areas, and other non-commercial organizations may refer to use, and the following bribery issues related to organizational activities include:
A) bribery in the public, private and non-profit sectors;
B) bribery organized by the organization;
(c) the employees of the organization represent the organization or the bribes that are carried out for their benefit;
(d) bribery by the organization's business partner for the organization or for its benefit;
E) bribery of organizations;
F) bribery of its employees in activities related to the organization;
G) bribery of its business partners in activities related to the organization;
H) direct and indirect bribery (e.g., by or by a third party to give or take bribes);
I) introduce bribery.
The anti-bribery policy should include:
A) approval and release by the top management of the organization;
B) document and save;
C) to inform staff in an appropriate manner in the organization and communicate to business partners;
D) periodic review and update to ensure that it is available to stakeholders.
For the anti-bribery training for employees, there are detailed requirements for the document, including:
A) organized anti-bribery guidelines and procedures, anti-bribery management system, and employees' responsibility for compliance with policies and systems;
B) the risks and losses caused by bribery to organizations and employees;
C) what may be involved in the bribery situation related to its function and its identification method;
D) how to prevent and avoid bribery and identify key risk indicators;
E) employees' contributions to the effectiveness of the anti-bribery management system, including the promotion of anti-bribery performance and reporting suspicious bribes
The benefits brought by;
F) in violation of the impact and potential consequences of the anti-bribery management system;
G) to report objects and approaches to any problems;
H) information on training and resources available;
I) based on identified risks, the organization should provide appropriate anti-bribery training to business partners with low bribery risks.
In addition, the documents require the organization shall determine and implement gifts, hospitality, sponsorship and donation, and similar interests and documented standards and regulations, for the purpose of bribery or has reason to be considered for the purpose of bribery and provide or accept gifts, hospitality, sponsorship and donation, and similar interests. Include:
A) gifts, entertainment or hospitality;
B) political or charitable contributions;
C) travel by clients or public servants;
D) publicity expenses;
E) sponsorship;
F) group benefits;
G) training;
H) club membership;
I) personal preference in business environment;
J) confidential information or confidential information.
|
