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Good Anti-Corruption Practices in Defence Companies

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June 2013 Raising the bar Good anti-corruption practices in defence companies Part II: 104 Examples of good practice “Those defence companies that do take corruption risk seriously have the chance to be seen by their government clients as better companies with which to do business. As governments toughen their attitudes towards corruption, having a reputation for zero tolerance of corruption will be a distinguishing asset for a defence company.” The Rt Hon Lord Robertson of Port Ellen KT GCMG honFRSE PC, Former Secretary General of NATO June 2013 Raising the bar Good anti-corruption practices in defence companies Part II: 104 Examples of good practice Contents Introduction 1 I. Leadership, governance & organisation 2 A1: Public leadership statement against corruption 3 A2: External - Facing leadership commitment against corruption 5 A3: Internal - Facing leadership commitment against corruption 8 A4: Company statement of values 11 A5: Membership of initiatives that promote anti-corruption/business ethics 15 A6: Board committee/individual responsible for anti-corruption programme 16 A7: Senior individual responsible for anti-corruption programme 17 A8: Regular monitoring and evaluation of the anti-corruption programme 19 A9: Regular review and update of anti-corruption programme 29 II. Risk management 32 A10: Corruption risk assessment 33 A11:Due diligence on agents 37 A12: Contractual and processes to monitor and audit agents 38 A13: Policy and contractual terms for subcontractors and suppliers 39 III. Company policies & codes 44 A15: Anti-corruption policy 45 A16: Zero tolerance to corruption 48 A17: Easily accessible anti-corruption policy 50 A18: Anti-corruption policy that applies to all employees 53 A19: Anti-corruption policy that applies to all senior executives and Board 54 A20: Conflicts of interest policy 56 A21: Gifts policy 61 A22: Hospitality policy 62 A23: Facilitation payments 67 A24: Political contributions 69 A25: Lobbying 72 IV. Training 74 A26: Written guidance on anti-corruption programme 75 A27: Anti-corruption training programme 78 A28: Anti-corruption training programme provided in all countries 81 A29: Anti-corruption training provided to senior executives and Board 83 A30: Anti-corruption training provided to employees most at risk 85 V. Personnel & helplines 87 A31: Reporting on conflicts of interest 88 A32: Disciplinary procedures 91 A33: Well-publicised whistle-blowing hotlines 93 A34: Well-publicised resources to seek advice 96 A35: Non-retaliation policy 100 Introduction This report is Part II to the Transparency Most examples of good practice are in International UK report ‘Raising the bar: the public domain. Where the good Good anti-corruption practices in practice is from non-published, internal defence companies’. company information, we have asked and received the company’s permission to It puts forward 104 examples of good reproduce extracts here. defence industry practice, based on the 34 questions in the Defence Companies We have extracted good practice Anti-Corruption Index (CI) which was examples from as wide a range of published in October 2012. companies in as many different environments as possible. Nonetheless, Our objective is to help raise anti- those scoring in higher bands are naturally corruption standards in the defence sector the ones with the better practice, so they worldwide by publishing examples of what will appear more often. we regard is good practice and to show defence companies what their peers are This report and all the examples found doing. within are organised by question and available online at http://companies. The responses to the 34 questions in defenceindex.org/good-practice. the Index were aggregated into five “pillar areas”: leadership, governance, & organisation; risk management; company policies & codes; training; personnel & helplines. The diagram below shows these pillars and the main elements that comprise each of them: 1 I. Leadership, governance & organisation A1 PUBLIC LEADERSHIP STATEMENT AGAINST CORRUPTION SELECT GOOD PRACTICE Based on public information: 20% (26 out of 129) companies scored 2 out EXAMPLES of 2 Based on public and internal information: 50% (17 out of 34) companies Bechtel scored 2 out of 2 PUBLIC Code of Conduct, p. 5-6 “Of course, ethics for us is a business QUESTION: imperative. People hire us because Does the company publish a statement from the Chief Executive Officer or they trust us. That trust has been the Chair of the Board supporting the anti-corruption principles of the earned over many decades and must company? be earned again every day for everything we do. In my view, clients trust us because ethics is the GUIDANCE NOTES: foundation for what we do and who The assessor is looking for evidence of the strength of the company’s external we are. It always has been. Doing the commitment to its anti-corruption principles through public statements from its right thing, and putting that above all leadership as opposed to, for example, internally published, non-public else is what drives Bechtel and our statements. The criteria for this question has been tightened following values, business decisions, and consistency checks. The reasons for doing this were: i) many cases where the success. statement is formalistic and/or compliance focused; ii) cases where the Ethics isn’t just about words, or paper, statement discusses business values without specifically addressing or “tone.” Too often people treat commitment against corruption; iii) cases where the statement does discuss the ethics as a compliance matter rather company’s ethics programme, but on inspection this programme has no than a much broader standard of significant anti-corruption element based on publicly available information. behaviour. As many of the headlines have shown over the past two decades, you can have world class SCORING CRITERIA: compliance programs, codes of 2: The CEO / Chairperson issues a statement supporting its strong conduct, and speeches by stance against corruption specifically. Alternatively the CEO / management that deliver all the right Chairperson makes several strong statements that promote the whole messages. The “tone from the top” ethics programme, under which it is clear that anti-corruption is a can be perfect — but the business significant component (as judged by review of the company’s ethics and its ethics can still be corrupt. and anti-corruption policies). While I believe we have an incredible 0: There is no apparent support or there are only minor statements, for commitment to ethics — it is in our example a preface or introduction to the Code of Ethics or without the DNA — to be effective, this signature of the CEO. commitment must be backed up every day by “actions.” That means delivering appropriate consequences, both positive and negative; and doing so consistently over time. This is what I mean by “Ethics in Action.” To fail to deliver consequences or to deliver the wrong ones undermines the commitment and the trust in it by employees and others. To use an overused cliché: “actions speak louder than words.” 3 COMPANIES WHICH SCORED 2: At Bechtel — there is zero tolerance Northrop Grumman towards ethical violations. There has PUBLIC never been a doubt about this in my BASED ON PUBLIC INFORMATION: mind.” Code of Ethics 'A flawless reputation for integrity ACCENTURE requires the awareness and ALLIANT TECHSYSTEMS (ATK) Fluor involvement of every employee. We BAE SYSTEMS PUBLIC must never forget that a single act can BECHTEL CORPORATION Preface to the Sustainability Report, destroy years of effort, and even the CACI INTERNATIONAL signed by David Seaton perception of an ethical lapse can be DAY & ZIMMERMANN as damaging as the real thing. Our DYNCORP INTERNATIONAL "I am particularly proud that Fluor continues to be a leader in the Standards of Business Conduct equip FLUOR CORPORATION us with the information we need to GENERAL DYNAMICS elimination or reduction of corrupt business practices. As stakeholders ensure uninterrupted ethical behavior CORPORATION across the enterprise, and to guide us GOODRICH CORPORATION well know, Fluor was a founder of the WEF's PACI in 2004. We continue to should corrective steps need to be JACOBS ENGINEERING taken.' KBR INC. provide important leadership to PACI KONGSBERG GRUPPEN ASA as well as to the WEF's Global Agenda MEGGITT Council on Corruption." 2010 Corporate Social Responsibility NEC CORPORATION Report NORTHROP GRUMMAN Jacobs Engineering ‘In 2010, the men and women of CORPORATION PUBLIC Northrop Grumman committed to RAYTHEON COMPANY provide sustainable performance ROCKWELL COLLINS Company website improvement for our stakeholders, SAAB AB “Corruption issues aren’t always including shareholders, customers, SAIC clear-cut, but our zero-tolerance employees and the communities SERCO GROUP approach to them is”. where we live and operate. We are TEXTRON --Craig Martin, President & CEO measuring our performance against THALES S.A. our defense industry peers as well as THYSSENKRUPP AG Kongsberg against broader industry standards. TOGNUM This report provides an overview of UNITED TECHNOLOGIES PUBLIC our performance. CORPORATION CSR 2010: A key element in achieving our 'The Group operates predominantly performance goals is to do so with a within the defence, offshore oil and strong focus on absolute integrity and gas and maritime segments. Parts of attention to our core values’ the international market for defence BASED ON PUBLIC + INTERNAL materiel and oil and gas equipment INFORMATION: are alleged
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