What do Technip, Alstom, Alcatel Lucent and Total have in common? Between 2010 and 2016, they paid more than $1.6 billion in fines to the US justice system, and since then, three of these companies have changed flag. This is a harsh penalty for corruption, in the US and soon in France with the Sapin 2 law. How can you protect your company?
Compliance is no longer an option, it's an obligation
The Sapin 2 bill aims to raise standards of transparency and ethics for both public officials and private players. Preparing for this is a matter of urgency.
Obligation to prevent and detect corruption under Sapin II
Companies with more than 500 employees and a turnover of €100 million will have to set up specific programmes, including
1. A code of conduct integrated into the company's internal regulations. It defines and illustrates the types of behaviour to be prohibited as likely to constitute corruption or influence peddling.
2. A internal warning system so that employees can report any conduct or situations contrary to this code of conduct.
3. A risk mapping regularly updated. It identifies, analyses and prioritises the risks of corruption, based in particular on the business sectors and geographical areas in which the company operates.
4. From procedures assessment of the situation customers, first-tier suppliers and intermediaries.
It's a fantastic opportunity to give new meaning to human values and to everyone's actions, and it implies a profound change in the behaviour of managers and employees.
Such a culture is not created overnight
What's at stake? Disseminate this culture rapidly and everywhere, so that everyone is aligned with the Group's global strategy and contributes responsibly to the objectives. There are two ways of doing this: on the one hand, develop processes and sanctions, and introduce reporting and monitoring. On the other - and this is the aspect that interests us here - transforming the company's culture to make it 'compliant by design'.
How do we do it? By encouraging everyone to adhere to the Group's values and an ethics charter, by training them, informing them and supporting them on a daily basis. This programme, the fruit of close collaboration between the Human Resources, Legal, Procurement, Finance, Communications and Compliance Departments, is the score for the change. The Compliance Officer is its conductor.
The compliance officer, key to change management
The challenge facing you in 2017? Recruiting or training a Compliance Officer with the skills, leadership, courage, independence, communication skills, teaching skills and values appropriate to your Group. These are the qualities needed to bring about the necessary changes in processes and mindset.
Properly dimensioned, Compliance will enable us to anticipate risks and opportunities and help transform the company. Ethics and Compliance have become competitive differentiators. They will not only be assets protecting the company from fines, sanctions and disappearance. They will also be a powerful performance driver, enabling the company to better address market opportunities, innovation and value creation.
