Newsletter II/2012
Contents
1. National Integrity Report
2. Current Studies concerning Corruption and Compliance
3. Global Bribery and Corruption Review 2011
4. Ireland: Proposed Bill for Whistleblower Protection
5. Special Parliamentary Committee to probe organized Crime in the EU
6. Kenya: Website as a Tool to fight Corruption
7. The Fight against Bribery in Sports
8. Events
9. Literature
10. Quotation
Dear readers,
We would like to welcome you to the second edition of the Business Keeper newsletter in 2012. We have accumulated new information concerning business ethics, compliance and whistleblowing and hope to arouse your interest with our selection.
Enjoy reading!
Yours sincerely,
Business Keeper-Team
1. National Integrity Report
The National Integrity Report is a concept that was developed by Transparency International (TI). This concept analyzes and assesses the anti-corruption efforts of the countries and when necessary advices on reforms. TI is in the process of developing the National Integrity Report on 26 European countries. Exemplarily we present the research results of Germany. Therefore 13 institutions in Germany were analyzed and assessed based on the legal and actual structures, resources and measures against corruption.
Germany
The National Integrity Report of Transparency International published in January 2012 certifies that Germany, in terms of fighting against corruption, has been graded with results varying from good to very good. Accordingly, a number of effectively operating control mechanisms against the abuse of power exist in Germany. Despite achievements of Germany in the area of anti-corruption, there is still room for an improvement. For instance, Germany still has not ratified the UN Convention against Corruption (UNCAC). In addition, existent whistleblower protection measures are to be improved.
more... (German)
2. Current Studies concerning Corruption and Compliance
According to the results of the EU Commission’s survey "Eurobarometer" that were published in February 2012, 74 percent of the EU citizens consider corruption to be a major problem in their respective countries. Hence, in the framework of this survey citizens of 27 EU member states were asked questions in relation to corruption. Half of the survey respondents think corruption has increased in the last three years. Seventy percent of the surveyees believe that corruption is simply unavoidable. The tendency of perceiving corruption as a major problem is higher in the Southern and Eastern European countries than it is in the Northern and Western European states. Hence, these national variations illustrate that 98 percent of respondents in Greece and only 19 percent in Denmark think that the issue of misconduct is a major problem in their respective countries. 57 percent of German citizens find corruption to be problematic. According to 40 percent of the EU respondents too close relationship between businessmen and politicians contributes to emergence of corruption. Bearing this in mind, many respondents urge for more transparency.
more...
As a result of a study initiated by the State Integrity Investigation in the major cities of the United States of America, a number of corruption risks were identified. The governments of various states are lacking transparency and accountability vis-à-vis the people. The study concludes that transparency measures have to be improved in the government operations.
more...
3. Global Bribery and Corruption Review 2011
The report "Global Bribery and Corruption Review 2011", prepared by the international law firm Hogan Lovells, presents an overview on the implementation of current regulations and laws in Europe, Brazil, Asia and the Middle East pertaining to combating bribery and corruption. In 2011, as part of the United States’ commitment towards the Foreign Corrupt Practices Act (FCPA), the resources for compliance activities were increased, thus, leading to an increase of personnel recruitment for the Securities and Exchange Commission (SEC) and the Department of Justice (DoJ). In the United Kingdom (UK), the UK Bribery Act, together with guidance from the Ministry of Justice (MoJ), has entered into force. The sweeping provisions of the UK Bribery Act, which clearly expand beyond the provisions suggested by the FCPA, provide guidelines for countries, which have business ties with the UK. However, not only the governments of the USA and the UK understand that measures should be taken against corruption and bribery, but also other countries plan or have already adapted anti-corruption laws.
more...
4. Ireland: Proposed Bill for Whistleblower Protection
Ireland welcomes the publication of proposals for legislation on whistleblower protection in all sectors of economy (private and public). Already in 2011, Brendan Howlin, Minister for Public Expenditure and Reform, confirmed the government’s intention to develop legislative proposals in this area. Aimed to ensure uniform standards of protection for whistleblowers, the proposed bill envisages a stepped system of channels, which shall enable employees to communicate cases of wrongdoing. A broad scope of wrongdoings shall be covered by the proposed bill such as corruption, endangerment to the health and safety of individuals, failure to comply with legal obligations, and damage to the environment.
more...
5. Special Parliamentary Committee to probe organized Crime in the EU
In March, the European Parliament has established a special Parliamentary Committee to examine the influence of organized crime, corruption and money laundering on the European economy and society. Once the investigations against the organized crime are successfully conducted, proposals on the fight against it should consequently follow. Members of the EU Parliament can invite representatives who are confronted with these crimes on a daily basis and are engaged in the fight against it. The Committee shall commence its activity at the end of April 2012.
more...
6. Kenya: Website as a Tool to fight Corruption
"I Paid a Bribe" is the name of a new webpage, which allows the people of Kenya to share and exchange their experiences with bribes and corruption. According to the Corruption Perception Index 2011, Kenya ranked 154 of 183 participating countries and territories. However, activists in Kenya are becoming increasingly active and see this website as a possible weapon in the fight against bribery and corruption. This webpage consists of three sections: the first section contains stories of people who have experienced paying bribes; the second section publishes stories of people who have refused to pay bribes; and finally, the third section provides information about cases in which people do not have to pay bribes. The anonymity of contributors and/or participants is secured to avoid consequent complications. The website was modeled based on an Indian website that holds the same name. The national anti-corruption agency in Kenya continues to use successfully the electronic whistleblowing system BKMS® System that is accessible to all citizens of Kenya.
more...
Kenya: http://www.ipaidabribe.or.ke
India: http://www.ipaidabribe.com
7. The Fight against Bribery in Sports
According to a report of reuters.com the best seats of the Olympic Games 2012 in London remain unsold. Because of the Bribery Act that took effect in 2011 many companies became more careful concerning corruption and fear to breach this bribery law. There is uncertainty whether the high costs, which emerge by an invitation of customers to the Olympic Games and its hospitality on site, contradict the strict regulations of the UK Bribery Act. Especially the expensive tickets appear to many companies as a high risk. Fear of corruption allegations and the resulting high penalties have resulted in a higher demand on standard tickets, while some expensive seats remain empty.
more...
8. Events
Congress: European Data Protection Day
May 8th and 9th, Berlin, Germany
More than 25 international speakers will gather to discuss planned data privacy reforms in European as well as non-European countries. The subject of social media is going to be given a higher consideration and shall be discussed in more detail.
more... (German)
Conference: CGC – Corporate Governance Compliance Strategies 2012
May 8th and 9th, Berlin, Germany
As part of the CGC Strategies 2012, the strategies, processes and approaches for functioning compliance structures shall be presented. Several case studies of specific projects illustrate the implementation of a transparent, procedurally meaningful, sustainable and efficient compliance management.
more... (German)
BKMS® Experience Day
Mai 24th und 25th, Berlin, Germany
The Business Keeper AG will hold his fourth BKMS® Experience Day in the "Palais am Festungsgraben" situated in the heart of Berlin. This year’s key aspects for the BKMS® users’ forum are amongst others the controllability of compliance crises and the assessment and evaluation of tips, in which the intensive exchange of experiences among users is paramount. On the second day Dr. Andreas Pohlmann (Pohlmann & Company - Compliance and Governance Advisory LLP), Carsten Tams (Senior Vice President, Bertelsmann Ethics & Compliance Executive Bertelsmann AG), Prof. Dr. Dr. Manuel René Theisen (Ludwig-Maximilians-Universität München, Private Universität Witten/Herdecke), Dr. Renate Vondenhoff-Mertens (Head of Legal Department and Chief Compliance Officer DATEV eG) and others will speak about the issues compliance requirements, compliance in medium-sized companies and more.
more...
9. Literature
The Business Keeper AG has been supporting various projects of NGOs and aid organisations dedicated to corruption prevention and its causes. In our newsletter we continuously provide you with a selection of recently published and recommendable literature. Should you order these books directly via the enclosed link, advertising costs will be reimbursed through the Amazon.de partner program, which we will forward directly to Transparency International Germany. We assure you that there will be no costs for the purchaser in addition to the listed price at Amazon.
Economics of Good and Evil: The Quest for Economic Meaning from Gilgamesh to Wall Street
Tomas Sedlacek
Oxford University Press, July 2011. ISBN: 978-0199767205
Seeing economics as a cultural phenomenon rather than as mathematical models, Mr. Sedlacek asks if we can find economics in myths, religion, theology, philosophy, psychology, literature, and film. Economics is touted as a science, a value-free mathematical inquiry, Sedlacek writes, but it's actually a cultural phenomenon, a product of our civilization. He argues that economics is ultimately about good and evil.
more...
Do you know about interesting literature which we have not yet introduced? Please let us know:redaktion@business-keeper.com
10. Quotation
The reward for doing right is mostly an internal phenomenon: self-respect, dignity, integrity, and self-esteem.
Dr. Laura Schlessinger