ISO has published its new international anti-bribery standard, ISO 37001. You can find select information about the new standard HERE and at http://http://www.iso.org/iso/home/standards/management-standards/iso37001.htm .
The short PowerPoint presentation in part says:
The Standard benefits an organization by providing:
- Minimum requirements and supporting guidance for implementing or benchmarking an anti-bribery management system
- Assurance to management, investors, employees, customers, and other stakeholders that an organization is taking reasonable steps to prevent bribery
- Evidence in the event of an investigation that an organization has taken reasonable steps to prevent bribery.
SO HERE’S AN INTERESTING QUESTION: will compliance with the standard give the company a free pass on bribery liability with the SEC and other state and federal entities and agencies if in fact a bribery occurs? I bet not. However, consider that generally liability does not result unless the person or entity charged has breached or failed to satisfy the applicable standard or duty of care (except in select situations, e.g., such as strict liability or products liability, etc.), and that breach or failure causes damages. Thus, if the applicable standard becomes ISO 37001, and if that standard is met or satisfied, it certainly is arguable that no fault or liability should result if a bribery occurs.
Best to you, Dave Tate, Esq., San Francisco and California. See also Tate’s Excellent Audit Committee Guide (updated October 2016), tates-excellent-audit-committee-guide-10202016-final-with-appendix-a
The Business Judgment Rule – a short animation (for fun, but also correct):