Developing and reviewing proportionate anti-corruption policies and procedures

A commercial organisation's procedures to prevent bribery by persons associated with it are proportionate to the bribery risks it faces and to the nature, scale and complexity of the commercial organisation's activities. They should also be clear, practical, accessible, effectively implemented and enforced in a clear, concise, correct and effect manner.

There is a clear difference between policies (statements of an organisation's stance) and procedures. The policies and procedures set out in an anti-corruption code of conduct should be clear, practical and accessible, and should apply to the entire workforce and to all entities over which the commercial organisation has effective control (possibly including subsidiaries). The organisation should publish its strategy document along side its code of conduct as part of its communication campaign. 

When it comes to anti-corruption policies, the guidance states that policies are likely to: 

• Include a statement of the organisation's commitment to bribery prevention.
• Set out the general approach to reducing bribery risks.
• Give an overview of implementation strategy.

In developing its commercial policies, the organisation may consult staff, employee representatives and external stakeholders on the risks faced by the organisation and the appropriate method to reduce those risks. In turn, the code of conduct should:

• Expressly prohibit all forms of corruption.
• Explain why it is necessary to prohibit corruption (setting out the moral case as well as the legal risks).
• Commit the organisation to conduct its business and affairs to ensure that it does not engage in or facilitate any form of corruption.
• Give guidance on what action should be taken when faced with blackmail or extortion, including a clear escalation process and outline expected standards of behaviour and emphasise individual accountability.
• Set out commercial legal procedures for carrying out due diligence on outside advisors and third parties, and on acquisitions.
• Set out clear rules and policies including on matters such as giving and receiving political donations, gifts, hospitality and facilitation payments.
• Set out procedures for whistleblowing.
• Support anti-corruption action by others in the sector. 

It is key that the anti-corruption code of conduct should be publicized internally for example, on the organisation's intranet site, on notice boards, to works councils and in the employees' handbook. Externally, this should also be relayed on the organisation's website.