Whistleblowers are often not sure where to report Bribery, Fraud or Corruption.

One of the disapproving parodies of FCPA and BA is that the functions of anti-corruption agencies are often purely cosmetic. In the UK there are at least 12 different agencies or government departments with political responsibility for anti-corruption activity. This creates frustrations for companies as well as whistleblowers.

The FCPA on the other hand also provides an unhelpful model of anti-corruption oversight that is fragmented into numerous agencies and bodies. Both acts have created bureaucracy to accommodate the mandate requirements into a rather complicated partnership. We entangle a few issues in this paper.

The agencies or government departments do not include the detection, investigation and recovery aspect of Bribery, Fraud and Corruption which is taken care of by the police forces. If all of these agencies and forces have a common IT platform so that the information is shared, and acted upon, would make the efforts easier. However this is not the case as yet.

The US model of bashing the business and individuals into accepting out-of-court settlements or guilty pleas is not the way forward. Neither is the UK methodology to the financial regulator punishing companies that have not introduced effective anti-bribery controls.

So far the Bribery Act 2010 has energized a series of conferences and marketing activity from professional firms. As far as most companies are concerned, within the rank and file employees it is Business as usual.

Little or nothing will change until Board of Directors and Management spotlight their efforts on change issues on the following processes that make a difference and making better use of the implemented policies and procedures in a more focused and coherent fashion:
  • Transparence is extended to the degree that BFC issues are open to internal review and comment.
  • Whistle-blowing, should feature in all business codes of practice are encouraged and protected.
  • Education, prevention and the continuing involvement to develop, implement, monitor and improve respect for ethical conduct and integrity with rules, regulations and procedures.
  • Companies must also focus on the retrospective aspect of BFC and treating the issues as a white collar crime.

Many guru's claim that if the company has a handle on BFC issues it will be more competitive in the global market. Copenhagen Charter provides the possibility to channel BFC issues into a single investigation and examination possibility and create value for its member organizations.

Source: - The Guardian