In October 2016, the International Standard Organisation
(ISO) issued ISO 37001 – Anti-bribery management systems
– Requirements, along with guidance for its use (the
Standard).
Since its release, we've asked our clients if they will seek
to have their anti-bribery processes certified under the Standard.
Responses have ranged from 'maybe' to 'no'. Reasons
for choosing not to seek certification include the cost of
certification, and the lack of sufficient guidance upon which to
establish and maintain a comprehensive anti-corruption compliance
program.
It is also far from clear whether ISO certification would
provide protection from regulatory intervention and sanction. US
sentencing guidelines as they relate to the Foreign Corrupt
Practices Act (FCPA) have however provided for penalty mitigation
based on various factors, including having an effective compliance
program. The UK Bribery Act provides a defence to a bribery charge
where the relevant entity can
