ISO 37001:2016 is an international standard that specifies the requirements and provides guidance for establishing, implementing, maintaining, reviewing, and improving an ISO 37001:2016 Anti-Bribery Management System (ABMS). This standard was developed to help organizations of all sizes and industries prevent bribery and corruption.
Key components of ISO 37001:2016 include:
- Anti-Bribery
Policy: Organizations
must establish a clear and comprehensive anti-bribery policy that outlines
their commitment to preventing bribery and corruption.
- Risk
Assessment: A
thorough risk assessment should be conducted to identify potential bribery
risks within the organization and its business activities.
- Due
Diligence: Organizations
must perform due diligence on business associates, such as suppliers and
partners, to ensure they are not involved in corrupt activities.
- Training
and Awareness: Employees
and relevant stakeholders should receive anti-bribery training and know the
organization's policies and procedures.
- Reporting
and Investigation: Mechanisms
for reporting and investigating bribery incidents should be established, and
confidentiality and non-retaliation measures should be in place to encourage
reporting.
- Monitoring
and Review: Continuous
monitoring and periodic reviews of the ABMS are necessary to ensure its
effectiveness and make improvements as needed.
- Documentation: Documentation of all anti-bribery activities,
policies, procedures, and records is essential for compliance and
accountability.
- Management
Leadership and Commitment: Top
management should demonstrate their commitment to the ABMS and provide the
necessary resources and support.
- Communication: Effective communication of the anti-bribery
policy and related information should occur internally and externally.
- Legal and Regulatory Compliance: Organizations must ensure compliance with applicable anti-bribery laws and regulations in their jurisdictions.
Organizations can seek certification against this
standard to demonstrate their commitment to anti-bribery efforts to
stakeholders, customers, and business partners.
Major Requirements of ISO 37001
ISO
37001:2016 specifies several significant requirements for an Anti-Bribery
Management System (ABMS). These requirements are essential for organizations
seeking to establish and maintain a system that helps prevent bribery and
corruption within their operations.
Here are the significant needs of ISO 37001:
- Leadership
and Commitment (Clause 5): Top
management must demonstrate leadership and commitment to the ABMS by
establishing an anti-bribery policy, assigning responsibility for the ABMS, and
providing adequate resources and support.
- Anti-Bribery
Policy (Clause 5): Organizations
must develop, implement, and maintain an anti-bribery policy that reflects
their commitment to preventing bribery and corruption. This policy should be
communicated throughout the organization and to relevant stakeholders.
- Risk
Assessment (Clause 6): Organizations
should conduct a comprehensive risk assessment to identify and evaluate the
bribery risks associated with their activities, locations, and business
relationships.
- Due
Diligence (Clause 7): Implement
owing diligence procedures for evaluating and addressing the bribery and
corruption risks associated with third parties, such as suppliers, agents, and
business partners.
- Policies
and Procedures (Clause 8): Establish
anti-bribery policies and procedures appropriate for the organization's size,
structure, and risks. These policies and procedures should cover critical areas
such as gifts, hospitality, donations, and facilitation payments.
- Training
and Awareness (Clause 9): Provide
anti-bribery training to employees and relevant stakeholders to ensure they
understand the organization's policies and procedures and their role in
preventing bribery.
- Communication
(Clause 10): Effectively
communicate the anti-bribery policy and related information both internally and
externally, including to suppliers, customers, and business partners.
- Reporting
and Investigation (Clause 11): Establish
a mechanism for confidentially reporting suspected or actual bribery and
corruption incidents. Implement procedures for investigating and taking
appropriate action on reported incidents.
- Documented
Information (Clause 12): Maintain
written information about the ABMS, including policies, procedures, training
records, risk assessments, and investigations.
- Control
of Records (Clause 13): Ensure
the proper authority and retention of records related to the ABMS to
demonstrate compliance with ISO 37001.
- Monitoring
and Measurement (Clause 14): Establish
processes to monitor and measure the effectiveness of the ABMS. This includes
conducting internal audits and management reviews.
- Management
Review (Clause 15): Conduct
regular management reviews of the ABMS to assess its performance, identify
areas for improvement, and ensure its continued suitability and adequacy.
- Corrective
Action (Clause 16): Take
appropriate disciplinary actions when non-conformities or weaknesses in the
ABMS are identified, and continually improve the system.
- Continual Improvement (Clause 17): Commit to the ongoing improvement of the ABMS to enhance its effectiveness in preventing bribery and corruption.
ISO
37001 provides a structured framework for organizations to establish and
maintain their ABMS, helping them to mitigate bribery risks, comply with
anti-bribery laws and regulations, and demonstrate their commitment to ethical
business practices.
Organizations can seek certification against this
standard to provide external assurance of their anti-bribery efforts to
stakeholders, customers, and business partners.
Anti-Bribery Management System Audit Process
Conducting an audit of an Anti-Bribery Management System (ABMS) based on ISO 37001 or other relevant anti-bribery standards involves a systematic process to assess the effectiveness of an organization's anti-bribery controls and practices.
Here is an overview of the audit process for an ABMS:
Audit Planning:
- Define the scope of the audit, including the departments, locations, and processes to be audited.
- Identify the audit objectives and criteria, such as ISO 37001 requirements and the organization's anti-bribery policies and procedures.
- Select and assemble an audit team with the necessary skills and expertise.
- Develop an audit plan with a schedule, resources, and procedures.
Preparation:
- Notify the auditee (the organization being audited) of the upcoming audit and provide plan details.
- Request relevant documentation and records from the auditee, including their anti-bribery policy, procedures, risk assessments, training records, and incident reports.
- Review the documentation to familiarize the audit team with the organization's ABMS.
On-Site Audit:
- Conduct on-site interviews and observations to assess the implementation and effectiveness of the ABMS.
- Review relevant records and documentation to ensure compliance with anti-bribery policies and procedures.
- Evaluate the organization's compliance with ISO 37001 requirements and relevant legal and regulatory obligations.
- Identify any non-conformities or areas of improvement.
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