The Anti-Corruption Report

The definitive source of actionable intelligence covering anti-corruption laws around the globe

Articles By Topic

By Topic: Corporate Social Responsibility

  • From Vol. 6 No.11 (Jun. 7, 2017)

    Corruption and the Greater Good: NGOs and International Compliance Risk

    Each year, non-governmental and not-for-profit organizations (NGOs) expend billions of dollars in grants and services in countries struggling to combat political corruption and provide adequate public services. Yet, many such organizations systematically underestimate the risk bribery and illicit dealings pose to their overseas operations. In a guest article, Kim Nemirow, a partner at Ropes & Gray, and her associates Andrew O’Connor and David Rojas, identify several key areas of corruption risk for NGOs and outline seven steps that NGOs can take to address these risks allowing them to keep their resources focused on greater goals. See our three-part series on detecting and mitigating corruption risk when participating in public procurements : “Understanding the Procurement Process” (May 13, 2015); “Steps to Take Prior to Entering into a Procurement Process” (May 27, 2015); and “Seven Steps to Take During and After a Procurement Process” (Jun. 10, 2015).

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  • From Vol. 6 No.9 (May 10, 2017)

    No Good Deed Goes Unpunished: Possible Unintended Consequences of Enforcing Supply-Chain Transparency (Part Two of Two)

    Companies have been trying to mitigate risks associated with their supply chain through third-party contracts and audit rights, as well as disclaimer language on products and websites. But sometimes too many of these “buyer’s rights” may be construed against the companies claiming them and may result in a company’s liability for violations within its supply chain when no such duty exists independently. It is a modern-era-corporate-responsibility paradox – the more ethical the company wants to be, the more likely it may be subject to consequences of “trying to do the right thing.” The first part of this guest article series by Fernanda Beraldi, international ethics and compliance director and corporate counsel at Cummins, Inc., and Edwin Broecker, a partner at Quarles & Brady, detailed the different legal regimes that affect supply-chain transparency. In this second article, they address some of those unintended consequences. See The FCPA Report’s series on third-party contracts, “A Guide to Anti-Corruption Representations in Third-Party Contracts: Nine Clauses to Include (Part One of Two)” (Jun. 25, 2014); “Clauses for High-Risk Situations and Enforcement Strategies (Part Two)” (Jul. 9, 2014).

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  • From Vol. 6 No.8 (Apr. 26, 2017)

    No Good Deed Goes Unpunished: Possible Unintended Consequences of Enforcing Supply-Chain Transparency (Part One of Two)

    In light of recent laws such as the U.K. Modern Slavery Act and the California Transparency in Supply Chains Act, a responsible supply chain that embodies a company’s corporate social responsibility policies has become a key part of the strategy of many companies. But that strategy is being carried out by responsible sourcing teams and corporate-responsibility professionals while anti-money laundering and anti-corruption programs remain in the custody of legal and compliance personnel. In a guest article series, Fernanda Beraldi, international ethics and compliance director and corporate counsel at Cummins, Inc., and Edwin Broecker, a partner at Quarles & Brady, argue that the coming challenge for companies will be how to integrate these historically divergent functions as they balance disclosure demands, the operational need to continuously improve imperfect and challenging conditions in their supply chains and increasing legal risk for full disclosure and performance. In this first article, they discuss in detail the different legal regimes that affect supply-chain transparency. In the second article, they will discuss how, in light of recent litigation, that transparency can have unintended consequences for companies. See “The New Landscape of Corporate Social Responsibility Regulation and Its Overlap With FCPA Compliance” (Nov. 7, 2012).

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  • From Vol. 1 No.11 (Nov. 7, 2012)

    The New Landscape of Corporate Social Responsibility Regulation and Its Overlap with FCPA Compliance

    New legislative demands on companies go beyond just prohibiting bribery to impose broader social responsibility, such as certifying that their products were not made with child labor, that their employees and supply chain partners did not engage in any trafficking-related activities, and others.  A broad anti-corruption program can incorporate social responsibility and supply chain issues as well as FCPA and anti-bribery elements, as many of the risk areas and bad actors – third parties especially – overlap.  This article – based on a panel at the ABA’s Fifth Annual FCPA Institute in Washington, D.C. on October 19, 2012, as well as independent research – discusses the current international landscape of Corporate Social Responsibility (CSR) laws around the world; the potential tension between CSR and bribery laws; how CSR and FCPA violations overlap; how companies can adapt their FCPA compliance programs to integrate CSR and broader corruption issues; and the likely ways in which the new CSR laws will be enforced.

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