Small and Medium Enterprises (SMEs) and bribery
Small and Medium Enterprises (SMEs) and bribery
Reports about bribery scandals involving large trans-national corporations are in the news almost every day. But bribery is an even more problematic issue for small and medium enterprises which carry out most of the world’s business today. SMEs may feel powerless in the face of demands for bribes and are often unaware that bribery can be resisted or how to go about it. But not only is it possible for SMEs to counter bribery but it is good business practice. Transparency International has developed a new tool that can help SMEs to take a first step to resist bribery and to develop an anti-bribery programme - the Business Principles for Countering Bribery, SME edition.
Large corporations have learnt to manage the changing norms and environment and increasing numbers have systems in place to resist and counter bribery. But SMEs often lack the financial and human resources to do this and consider themselves defenceless in the face of corrupt demands and extortion. Pressure on SMEs is also mounting from larger companies which are increasingly expecting their suppliers to show evidence that they have anti-bribery policies and processes in place. The consequences for SMEs are that contracts are not awarded on commercial merits but on bribes paid. If they then feel compelled to pay bribes or meet extortion demands it imposes extra costs on their businesses. Not only is it possible for SMEs to counter bribery but it is necessary as smaller companies are bound by the same legal obligations and responsibilities as larger firms. Countering bribery is also good business practice. It can help build reputation, especially with customers; it can reduce risks and foster a positive and ethical culture for a company’s own employees. By building strong anti-bribery cultures SMEs can successfully challenge and resist bribery.
| Looking at the larger picture, not so long ago bid-rigging and bribery were seen and accepted as ways to win contracts and to successfully gain new markets. This notion is slowly changing – bribery is no longer tolerated; public expectations of company ethics and accountability have risen.
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Being involved in bribery scandals today can bring serious harm to a company's reputation and credibility and its executives and managers risk criminal prosecution. International legal frameworks require rigorous national anti-corruption laws and international prosecution (e.g. the UN Convention against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions).
Initiatives such as the UN Global Compact and its 10th Principle against Corruption are promoting voluntary codes of conduct are raising awareness on business integrity and on ways how to counter bribery. The Global Compact currently reaches around 4,500 companies, no less than 40% of which are SMEs.
What can SMEs do to counter bribery?
The first step is to assess their business risks and put systems and policies in place to counter bribery. There are resources available to help SMEs in doing this.
Transparency International has been actively involved in the development of a voluntary code against bribery for large companies, the Business Principles for Countering Bribery and now has produced an edition for SMEs.
The Business Principles for Countering Bribery – SME Edition, which were launched in January 2008 set out in a clear and direct manner the process by which smaller businesses can develop an anti-bribery programme relevant to their size and resources. TI also encourages larger companies to communicate the SME Edition to their suppliers and to require that they have in place anti-bribery policies and procedures.
There are a growing number of initiatives and tools to help SMEs in countering corruption and bribery. For example, Danida (the Danish Development Agency) in cooperation with other partners has developed a website for SMEs operating in emerging markets and developing countries which provides information on possible corruption risks that might be encountered and ways in avoiding and fighting corruption. Furthermore, SMEs whilst perhaps less powerful on their own can seek to strengthen their approach by working in collaboration with other SMEs and by seeking the help of larger companies, the national chambers of commerce or small business associations.
If you are an SME, keep in mind that you can do something about bribery and corruption and you are not alone in your quest.
Get started today!
Business Principles for Countering Bribery – Small and Medium Enterprise (SME) Edition
Recognizing the different needs and resources of SMEs and growing supply chain requirements, TI has launched a tool designed specifically to help SMEs develop processes and programmes to address bribery – The Business Principles for Countering Bribery, Small and Medium Enterprise (SME) Edition.
The SME Edition was announced on 30 January 2008 at the Conference of the States Parties to the United Nations Convention against Corruption in Bali. It was developed through a process of consultation which involved smaller businesses and reflects their needs and challenges.
The SME Edition was based on the Business Principles for Countering Bribery but tailored to the needs and resources of SMEs. It sets out in a clear and direct manner the principles and the processes to develop an anti-bribery programme for SMEs. In addition to anti-bribery principles, the SME Edition includes a practical guidance document on how to develop an anti-bribery programme that is tailored to the size and resources of individual businesses and provides sample codes of conducts and sample rules on gifts and entertainment, an area which is often problematic for small enterprises.
The SME Edition is not only a tool for SMEs but can also be used by larger companies to encourage SMEs in their supply chain to implement no-bribes policies and practices.
TI is grateful to the Association of Chartered Certified Accountants for its support in testing the Edition though a global survey of SMEs.
The Business Principles for Countering Bribery
The Business Principles for Countering Bribery (BPCB) provide a framework and practical guidelines which companies can use as a comprehensive reference for good practice in countering bribery. They include a commitment to counter all forms of bribery and to implement an anti-bribery program. They give practical guidance on how to identify processes and structures in business operations that are prone to bribery, and provide practical details on how to develop effective mechanism to prevent and counter bribery in business operations.
The Business Principles, introduced in December 2002, were spearheaded by Transparency International in co-operation with Social Accountability International and are the product of a collaborative effort of a multi-stakeholder Steering Committee drawn from companies, academia, trade unions and non-governmental bodies.
Many large companies have no-bribes policies in place, but all too few implement these policies effectively. The Business Principles can serve as a starting point for developing or benchmarking corporate anti-bribery systems. TI has developed a set of tools to support companies in their implementation efforts (guidance document, self-evaluation tool etc.).
National chapter work on corruption in the private sector
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| TI national chapter work on the OECD Convention and multinational corporate bribery |
TI Colombia: Rumbo PYMES Integras y Transparentes
| The TI chapter in Colombia, Transparencia por Colombia, has developed a Programme for Integrity and Transparency in Small and Medium Enterprises (SME) ( Rumbo Pymes Integras y Transparentes). |
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This programme is a management tool to improve practices of the private sector in preventing corruption and aims at creating trust and ethical business behaviour throughout value chains. The core strategy to promote the Rumbo Pymes has been to form alliances with larger companies which have already taken a lead in implementing corporate social responsibility in their business practices. Through the leadership of these organisations ethical business behaviour has become a strategic selection criteria during the negotiations with SMEs in their value chain, creating trust, increasing the sustainability and competitiveness of all companies involved. Currently ten companies form part of this alliance and work with 200 SMEs which are linked to the programme on a voluntary basis, strengthening the companies and benefiting more than 17,000 employees.
For more information: www.transparenciacolombia.org.co/SECTORPRIVADO/Rumbopymes/tabid/120/Default.aspx
TI Czech Republic: Legal assistance on the OECD Convention
The chapter provides legal aid to victims of corruption as part of its Advocacy and Legal Advice Centres programme (ALACs) and also offers legal advice to companies on issues related to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
TI France: Vade-mecum PME
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| TI France initiated the development of VADE-MECUM PME – a set of guidelines to help SMEs in preventing corruption and to reduce their exposure to operational and legal risks resulting from corruption. |
The tool was a joint project with CFIE (Centre Français d’Information sur les Entreprises), Chambre de Commerce et d’Industrie de Paris, Association Forum des Amis du Pacte Mondial en France. http://transparence-france.org/e_upload/pdf/Vademecum-PME.pdf
TI Germany: Self-audit checklist for companies to prevent corruption
TI Germany has developed a checklist for companies to detect corruption risk areas in their organisation. This checklist does not aim at revealing specific corruption incidents, but instead helps identify structures and processes that are prone to corruption. It is meant as a first step for implementing an anti-corruption programme in a company. The tool was developed by a TI Germany working group on private sector corruption. The self-audit checklist for companies to prevent corruption can be downloaded in German at http://www.transparency.de/index.php?RDCT=a77547f4fd4087dfc708
TI Italy
| TI Italy is member of the Italian Multi-stakeholder Forum on CSR initiated by the Ministry of Welfare in order to promote business ethics to prevent corruption. |
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A book on how corporate ethics can promote welfare and business success has been published (“L´Etica aziendale come motore di progresso e successo”).
TI Lithuania
TI Lithuania has published 'Verslo etikos kelrodė' [Business ethics loadstar] aimed at the promotion of business ethics in Lithuania. The publication features a series of articles that cover a variety of issues related to corporate social responsibility, business ethics and anti-corruption initiatives in the private sector and will be used as a supplementary tool in promotion of TILS business ethics agenda. TI Lithuania has initiated a focus group with representatives of large Lithuanian businesses to discuss the level of understanding and use of codes of ethics and anticorruption tools. The findings of this focus group will be summarized in a study. TI Lithuania is also planning to organize a conference on the transparency in the Lithuanian construction sector.
www.transparency.lt/new/index.php?option=com_content&task=blogcategory&id=6&Itemid=37
TI USA: SME Toolkit
TI-USA has developed a “Toolkit” for Small and Medium-Sized Enterprises (SMEs) which provides guidance to SMEs in designing an anti-bribery compliance program that is harmonised with a company’s unique culture, risk profile, and existing mechanisms.
Selected anti-corruption links for SMEs
Voluntary codes of conduct against corruption and bribery
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OECD Guidelines for Multinational Enterprises
The OECD Guidelines for Multinational Enterprises are recommendations on responsible business conduct addressed by governments to multinational enterprises operating in or from the 33 adhering countries. The Guidelines are not a substitute for, nor do they override, applicable law. They represent standards of behaviour supplemental to applicable law and, as such do not create conflicting requirements. While the Guidelines’ recommendations are addressed to business, governments through their network of OECD National Contact Points (NCP) are responsible for promoting the Guidelines, handling inquiries and helping to resolve issues that arise in specific instances. For small business the OECD Guidelines are important as they can report instances of alleged bribery by companies based on OECD countries to the local Embassies which will then take up the complaint. -
United Nations Global Compact - 10th Principle against Corruption
The UN Global Compact is a multi-stakeholder initiative that promotes responsible business practices in the area of human right, labour standards, environmental standards and anti-corruption. It has approximately 4,500 company participants, more than 40% of which are SMEs.
Other tools:
- Business-Anti-Corruption Portal: The purpose of this portal is to support small and medium sized enterprises (SMEs) operating in emerging markets and developing countries in avoiding and fighting corruption and creating a better business environment. The portal was developed by the Ministry of Foreign Affairs of Denmark, Deutsche Gesellschaft für Technische Zusammenarbeit, Dutch Ministry of Foreign Affairs, Ministry of Foreign Affairs of Norway, Ministry for Foreign Affairs Sweden, Department for International Development, and Global Advice Network.
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GRI – Sustainability Reporting for SMEs:
GRI is a worldwide, multi-stakeholder network providing guidance for organisations on disclosure about their sustainability performance. It also provides stakeholders a universally-applicable, comparable framework in which to understand disclosed information. The GRI reporting framework covers various indicators on how to publicly report on corruption and bribery. GRI has developed various tools and publications useful for small and medium sized enterprises entering the world of sustainability reporting. It offers a step-by-step guidance and practical how-to advice on using the GRI Sustainability Reporting Guidelines.
International regulatory frameworks against corruption
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UN Convention against Corruption (UNCAC)
The UN Convention against Corruption is the first global legal framework against corruption. UNCAC has a very broad scope, including preventive measures to be adopted by Governments, criminalization of corruption in the public and private sector, extortion by public officials, and bribery by companies and individuals. UNCAC also includes detailed provisions dealing with money laundering, mutual legal assistance, and asset recovery, where worldwide cooperation is essential. In the private sector, the UN Convention seeks increased cooperation between law enforcement agencies and private entities, appropriate internal accounting controls, the establishment of an adequate supervisory framework for financial institutions, the promotion of transparency among private entities, the prevention of misuse of public procedures regulating private entities and the imposition of restrictions on the professional activities of former public officials. -
OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
The OECD Convention is very specific in its scope but was one of the first legal instruments that allowed prosecution of OECD companies in their home countries for bribery that took place in other countries. Its sole focus is the use of domestic law to criminalize the bribery of foreign public officials. It focuses on “active” bribery, meaning the offence committed by the person who promises or gives the bribe. It does not apply to forms of corruption other than bribery, bribery which is purely domestic, or bribery in which the direct, indirect or intended recipient of the benefit is not a public official. It also does not include cases where the bribe was paid for purposes unrelated to the conduct of international business and the gaining or retaining of some undue advantages in such business.
News stories
Strategy & Management: Transparency International – Counting corporate corruption, Ethical Corporation, 13 February 2008
Update: over 900 Global Compact participants marked “inactive” or delisted, UN Global Compact, 28 January 2008
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