How can you align vendor contracts with anti-bribery policies?

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Bribery is a serious risk that can damage your reputation, expose you to legal penalties, and undermine your business relationships. If you work with vendors, you need to ensure that your contracts align with your anti-bribery policies and comply with relevant laws and regulations. How can you do that effectively? Here are some tips to help you negotiate vendor contracts that support your anti-bribery efforts.

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1 Assess vendor risks

Before you sign a contract with a vendor, you should conduct a thorough due diligence to assess their level of risk for bribery and corruption. You can use various sources of information, such as public records, references, industry reports, and audits, to evaluate the vendor's background, reputation, performance, and compliance history. You should also consider the vendor's location, industry, and type of services or products they provide, as some factors may increase the likelihood of bribery. For example, if the vendor operates in a high-risk country or sector, or if they interact with government officials or third parties on your behalf, you should be more vigilant and cautious.

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James Farrow, MBA, CEPA

Business Broker at Transworld Business Advisor
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Here are some steps you can take to achieve this alignment: 1. Clearly Define Anti-Bribery Policies: ? Start by clearly defining your organization's anti-bribery policies. 2. Incorporate Anti-Bribery Clauses in Contracts: 3. Due Diligence: 4. Training and Awareness: 5. Monitoring and Auditing: 6. Establish Reporting Mechanisms: 7. Consequences for Non-Compliance: 8. Continuous Improvement: 9. Legal Review: 10. Consider Third-Party Certification: By taking these steps, you can help ensure that your vendor contracts align with anti-bribery policies, promoting a culture of integrity and ethical business conduct within your organization and throughout your supply chain.

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Steve Tosh

Empowering leaders to combat procurement corruption
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In addition to the common due diligence procedures, where practicable, verification should be made with the vendor to confirm what anti-bribery activities they carry out to mitigate this risk and ensure that it doesn't impact their clients or potential new clients. These actions might include verifying what message and actions the vendors executive are taking, internal procedures including the publication of ethics or anti-bribery policies, proactive review of high risk areas within business operations and what external message is published to demonstrate that they are serious about mitigating bribery and associated financial crime risk.

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2 Include anti-bribery clauses

One of the most important steps to align your vendor contracts with your anti-bribery policies is to include clear and specific clauses that prohibit any form of bribery or corruption by the vendor or anyone acting on their behalf. These clauses should define what constitutes bribery, outline the vendor's obligations and responsibilities, and state the consequences of any breach or violation. You should also require the vendor to comply with all applicable anti-bribery laws and regulations, such as the Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act, and to cooperate with any investigations or audits related to bribery issues.

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Steve Tosh

Empowering leaders to combat procurement corruption
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In sending a strong message that your organisation is serious about bribery, additional clauses might include the requirement for conflicts of interest disclosures, policy on gifts and hospitality. Audit clauses and no notice audits can also be a valuable deterrent.

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3 Monitor vendor performance

Another key step to align your vendor contracts with your anti-bribery policies is to monitor the vendor's performance and behavior throughout the contract period. You should establish regular communication channels, reporting mechanisms, and feedback systems to track the vendor's progress, quality, and compliance. You should also conduct periodic reviews, audits, or inspections to verify the vendor's adherence to the contract terms and anti-bribery policies. If you notice any red flags, such as unusual payments, requests, or invoices, or any complaints or allegations of bribery, you should take immediate action to address them and resolve them.

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4 Train vendor staff

A third step to align your vendor contracts with your anti-bribery policies is to train the vendor's staff who are involved in the contract execution or delivery. You should provide them with adequate information and guidance on your anti-bribery policies, expectations, and procedures. You should also explain the risks and consequences of bribery and corruption, and how to avoid or report them. You can use various methods, such as online courses, webinars, workshops, or manuals, to deliver the training and ensure its effectiveness. You should also document the training and require the vendor to certify that their staff have completed it.

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Steve Tosh

Empowering leaders to combat procurement corruption
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Using the psychology of prevention, introducing vendor anti-bribery training programmes has a number of benefits that includes sending a strong message that you take bribery and associated financial crime seriously. Where supplier relationship building is part of a business approach, introducing regular discussions, education and awareness around bribery can be a valuable approach in building trust particularly when it is part of the overall approach in protecting procurement or project revenues.

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5 Update vendor contracts

A final step to align your vendor contracts with your anti-bribery policies is to update them regularly to reflect any changes in the contract scope, duration, or conditions, or in the anti-bribery laws and regulations. You should review the contract terms and clauses periodically to ensure that they are still relevant, accurate, and enforceable. You should also consult with the vendor and seek their input and feedback on any potential modifications or amendments. You should document any changes and obtain the vendor's consent and signature on the updated contract.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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You're faced with vendors with conflicting contract terms. How do you choose the best negotiation strategy?

How can you align vendor contracts with anti-bribery policies?

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1 Assess vendor risks

2 Include anti-bribery clauses

3 Monitor vendor performance

4 Train vendor staff

5 Update vendor contracts

6 Here’s what else to consider

Vendor Negotiation

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