ISO 37001

ISO 37001 Anti-bribery management systems -- Requirements with guidance for use [1] identifies a management standard to help organizations in the fight against corruption, by establishing a culture of integrity, transparency and compliance. The anti-bribery management system can be a stand-alone system or integrated into an already implemented management system such as the Quality Management System ISO 9001. An organization can choose to implement the anti-bribery management system in conjunction with or as part of other systems, such as those relating to quality, environment and safety.

Background

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.[2] 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.[3]

The standard was adopted by the governments of Singapore and Peru for their anti-bribery management systems, and formed the basis for the "Shenzhen Standard", an official anti-bribery standard published by the city of Shenzhen, China in June 2017.[3] Microsoft and Walmart have also announced intentions to obtain ISO 37001 certification.[4]

Main requirements of the standard

The ISO 37001:2016 adopts the "ISO High Level Structure (HSL)" in 10 chapters in the following breakdown:

  • 1 Purpose
  • 2 Reference standards
  • 3 Terms and definitions
  • 4 organization Context
  • 5 Leadership
  • 6 Planning
  • 7 Support
  • 8 Operating Activities
  • 9 Performance Evaluation
  • 10 Improvement

The standard only addresses management systems and is not a comprehensive anti-fraud or anti-corruption standard. It also contains a great deal of subjectivity as many requirements are qualified by terms such as "appropriate" and "reasonable". Therefore, the actual meaning and relevance of ISO 37001 certification is dependent largely upon the thoroughness of the certifying body.[5]

See also

References

  1. ^ International Organization for Standardization, ISO 37001 – Anti-bribery management systems
  2. ^ "ISO publishes powerful new tool to combat bribery". ISO. Retrieved 2017-07-31.
  3. ^ a b "Jerry Fang: Local Chinese regulator develops anti-bribery management system based on ISO 37001 - The FCPA Blog - The FCPA Blog". www.fcpablog.com. Retrieved 2017-07-31.
  4. ^ "Microsoft and Wal-Mart seek ISO 37001 Anti-Bribery Certification - The FCPA Blog - The FCPA Blog". www.fcpablog.com. Retrieved 2017-07-31.
  5. ^ "Is there value in pursuing ISO 37001 certification or should a company's focus be on using it to strengthen existing anti-corruption compliance programs?". Deloitte United States. Retrieved 2017-07-31.

External links

Annex SL

The Annex SL is a section of the ISO/IEC Directives part 1 that prescribes how ISO Management System Standard (MSS) standards should be written. The aim of Annex SL is to enhance the consistency and alignment of MSS by providing a unifying and agreed upon high level structure, identical core text and common terms and core definitions. The aim being that all ISO Type A MSS (and B where appropriate) are aligned and the compatibility of these standards is enhanced.

Before 2012, various standards for management systems were written in different ways. Several attempts have been made since the late 90s to harmonize the way to write these but the first group that succeeded to reach an agreement was the Joint Technical Coordination Group (JTCG) set up by ISO/Technical Management Board.

Various of Technical Committees within ISO are currently working on revising all MSS published before Annex SL was adopted. Many standards are already following Annex SL such as ISO 9001, and ISO 14001).

DQS

DQS Holding GmbH based in Frankfurt am Main is the holding company of the worldwide DQS Group. The group provides assessments and certifications of management systems and processes of any type.

List of International Organization for Standardization standards

This is a list of published International Organization for Standardization (ISO) standards and other deliverables. For a complete and up-to-date list of all the ISO standards, see the ISO catalogue.The standards are protected by copyright and most of them must be purchased. However, about 300 of the standards produced by ISO and IEC's Joint Technical Committee 1 (JTC1) have been made freely and publicly available.

Nigel Howard Croft

Nigel Howard Croft (born 1956 in Rotherham, South Yorkshire, UK) was appointed as Chairman of ISO’s Technical Committee TC 176/SC 2 in February 2010, with overall responsibility for the ISO 9001 standard, used worldwide as a basis for certification of quality management systems, and the ISO 9004 guidelines standard aimed at improving organisational performance, among others. His third and final term as Chairman expired at the end of 2018. He has subsequently been appointed to lead the revision of "Annex SL" of the ISO Directives, that forms the basis for over 40 management system standards including those on environmental management (ISO 14001), Occupational Health and Safety (ISO 45001), Information Security (ISO 27001), Anti-bribery (ISO 37001), Food Safety (ISO 22000) and many more.

Whistleblower

A whistleblower (also written as whistle-blower or whistle blower) is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The information of alleged wrongdoing can be classified in many ways: violation of company policy/rules, law, regulation, or threat to public interest/national security, as well as fraud, and corruption. Those who become whistleblowers can choose to bring information or allegations to surface either internally or externally. Internally, a whistleblower can bring his/her accusations to the attention of other people within the accused organization such as an immediate supervisor. Externally, a whistleblower can bring allegations to light by contacting a third party outside of an accused organization such as the media, government, law enforcement, or those who are concerned. Whistleblowers, however, take the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing.

Because of this, a number of laws exist to protect whistleblowers. Some third-party groups even offer protection to whistleblowers, but that protection can only go so far. Whistleblowers face legal action, criminal charges, social stigma, and termination from any position, office, or job. Two other classifications of whistleblowing are private and public. The classifications relate to the type of organizations someone chooses to whistle-blow on: private sector, or public sector. Depending on many factors, both can have varying results. However, whistleblowing in the public sector organization is more likely to result in criminal charges and possible custodial sentences. A whistleblower who chooses to accuse a private sector organization or agency is more likely to face termination and legal and civil charges.

Deeper questions and theories of whistleblowing and why people choose to do so can be studied through an ethical approach. Whistleblowing is a topic of ongoing ethical debate. Leading arguments in the ideological camp that whistleblowing is ethical maintain that whistleblowing is a form of civil disobedience, and aims to protect the public from government wrongdoing. In the opposite camp, some see whistleblowing as unethical for breaching confidentiality, especially in industries that handle sensitive client or patient information. Legal protection can also be granted to protect whistleblowers, but that protection is subject to many stipulations. Hundreds of laws grant protection to whistleblowers, but stipulations can easily cloud that protection and leave whistleblowers vulnerable to retaliation and legal trouble. However, the decision and action has become far more complicated with recent advancements in technology and communication. Whistleblowers frequently face reprisal, sometimes at the hands of the organization or group they have accused, sometimes from related organizations, and sometimes under law. Questions about the legitimacy of whistleblowing, the moral responsibility of whistleblowing, and the appraisal of the institutions of whistleblowing are part of the field of political ethics.

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