International Federation of Consulting Engineers Speaker: Neill Stansbury Co-founder and Director: GIACC Chairman: BS 10500 Working Group FIDIC MDB Harmonised Construction Contract Conference British Standard BS 10500: Anti-bribery Management System • BSI Standards is the UK's National Standards Body. It is the UK representative at the International Organisation for Standardisation (ISO). • BSI has 31,000 current standards. • Most popular global standards: – ISO 9001 Quality Management System – ISO 14001 Environmental Management System. • Both ISO 9001 and ISO 14001 began as British standards. • BS 10500 Anti-bribery Management System was published in November 2011. FIDIC MDB Harmonised Construction Contract Conference Purpose and scope of BS 10500 (1) • BS 10500 is intended to help an organisation to implement an effective anti-bribery management system. • Requirements of internationally recognised good practice in preventing bribery by and against organisations are taken into account. • BS 10500 is applicable to small, medium and large organisations in the public, private and voluntary sectors. • BS10500 cannot provide assurance that no bribery will take place in relation to an organisation. But it can help establish that the organisation has implemented reasonable and proportionate measures designed to prevent bribery. FIDIC MDB Harmonised Construction Contract Conference Purpose and scope of BS 10500 (2) • An organisation can obtain certification to BS 10500 in a similar way to obtaining certification to 9001, 14001 and 18001. • BS 10500 can provide assurance to board and shareholders. • BS 10500 can be used as project pre-qualification requirement. • BS 10500 is applicable only to bribery. An organisation may choose to extend the scope of its ABMS to include other criminal offences such as fraud, anti-trust/competition offences, and money laundering. FIDIC MDB Harmonised Construction Contract Conference Requirements of BS 10500 (1) Anti-bribery policy Anti-bribery Management System Communicating the anti-bribery policy and ABMS Education, training and/or guidance Compliance Manager FIDIC MDB Harmonised Construction Contract Conference Requirements of BS 10500 (2) Risk assessment Due diligence Implementation of ABMS by controlled organisations and business associates Employment procedures Gifts, hospitality, donations and similar benefits FIDIC MDB Harmonised Construction Contract Conference Requirements of BS 10500 (3) Facilitation payments Delegated decision-making Anti-bribery contract terms Financial controls Procurement and other commercial controls FIDIC MDB Harmonised Construction Contract Conference Requirements of BS 10500 (4) Raising concerns Investigating and dealing with bribery Documenting the ABMS Monitoring and reviewing the ABMS Improvement of the ABMS Guidance FIDIC MDB Harmonised Construction Contract Conference Certification to BS 10500 BS 10500 will be most effective if its implementation by an organisation is independently certified. Certification is possible by: – Existing e.g. 9001 certifiers. – Auditors. – New certifying organisations set up for this purpose. FIDIC MDB Harmonised Construction Contract Conference Cost of Certification to BS 10500 Cost of certification likely to vary materially according to the size of the organisation obtaining the certification. Cost is unlikely to be a competitive disadvantage. Likely to be an advantage if: – a procuring entity requires all its bidders to be certified to BS 10500; or – additional points given in the procurement evaluation for evidence of anti-bribery policies. Cost of implementing ABMS likely to be minimal when compared to loss and damage which could be suffered by organisation which gets involved in corruption. System can help prevent loss. International Federation of Consulting Engineers President Geoff French, UK Vice-President Pablo Bueno, Spain Secretariat FIDIC World Trade Center 2 Geneva Airport Box 311 CH-1215 Geneva 15 Switzerland Tel: +41 22 799 49 00 Fax: +41 22 799 49 01 fidic@fidic.org www.fidic.org Managing Director Enrico Vink