The Jordan Strategy Forum (JSF) is a not-for-profit organization, which represents a group of Jordanian private sector companies that are active in corporate and social responsibility (CSR) and in promoting Jordan’s economic growth. JSF’s members are active private sector institutions, who demonstrate a genuine will to be part of a dialogue on economic and social issues that concern Jordanian citizens. The Jordan Strategy Forum promotes a strong Jordanian private sector that is profitable, employs Jordanians, pays taxes and supports comprehensive economic growth in Jordan. The JSF also offers a rare opportunity and space for the private sector to have evidence-based debate with the public sector and decision-makers with the aim to increase awareness, strengthening the future of the Jordanian economy and applying best practices. For more information about the Jordan Strategy Forum, please visit our website at www.jsf.org or contact us via email at [email protected]. Please visit our Facebook page at Facebook.com/JordanStrategyForumJSF or our Twitter account @JSFJordan for continuous updates aboutJordan Strategy Forum. #JSFJo @JSFJordan Amman, Jordan /JordanStrategyForumJSF T: +962 6 566 6476 F: +962 6 566 6376 Jordan Strategy Forum Code of Conduct: Gateway to Anti-Corruption | July 2017 2 Executive Summary ............................................................................................................................................. 4 Corruption ........................................................................................................................................................... 8 Global Best Practices for Combating Bribery and Corruption in Business ........................................................ 16 Jordan’s Efforts .................................................................................................................................................. 21 A Holistic Code of Conduct ................................................................................................................................ 23 Findings and Recommendations ....................................................................................................................... 26 Annex A: Importance of Fighting and Preventing Corruption in Business ........................................................ 29 Annex B: International Standards for Private Sector ........................................................................................ 30 Annex C: Roadmap to ACC Program for Jordan’s Businesses ........................................................................... 32 Annex D: Case Study of Top 10, Singapore (#7) ................................................................................................ 35 Annex E: Case Study in MENA, U.A.E (#1) ......................................................................................................... 36 Annex F: Examples/Tools ................................................................................................................................... 38 References ......................................................................................................................................................... 39 Code of Conduct: Gateway to Anti-Corruption | July 2017 3 Corruption is one of the main problems to of companies in the MENA sustainable economic, political and social region found corruption to be development. It undermines public trust in a major obstacle to doing business. government and private companies, causes In the case of entrepreneurships, corruption injustice, creates inefficiencies in operations, obstructs ability to retain quality staff and/or disproportionally affects innovation for start-ups, attract business investment, and wastes resources as they are subject to either more difficult or greater quantity of regulations than established and money. It is estimated that the cost of corruption equals more than 5% of global GDP or business. This in turn affects productivity 2.6 trillion USD (OECD, 2014), with over 1 trillion negatively, which leads to less profit. Furthermore, entrepreneurship may appear less attractive due USD paid in bribes each year (World Bank, 2017). to the increased costs and uncertainty in the If unrestrained, corruption affects societies in a market, as well as reduced profitability of multitude of ways. The cost of corruption can be investment. This chain of effects is likely to reduce divided into four main categories: how many individuals opt to open their own business, or even their willingness to accumulate 1. Economic the necessary human capital after starting up. 2. Environmental 3. Political Businesses profit from anti-corruption and 4. Social corporate transparency stances. Linking anti- corruption activities and corporate transparency to According to the IMF and Transparency companies’ sustainability agenda will attract International. From these four categories, the customers, investors, employees and suppliers effects can be summarized. There could be a who are concerned about risks as well as those decrease in the efficiency of aid, exposure of the who value ethical practices. These two country to currency crisis, greater inequality and commitments convert into three main tangible high incidence of poverty, loss of government’s benefits: legitimacy and public trust, lower investment (including FDI), natural resource depletion and 1. Cost Savings destruction of ecological systems, lesser economic 2. Risk Reduction growth, and shift of government spending from 3. Sustainable Growth more productive to less productive activities. The Corruption Perception Index’s top five Private business can, also if corruption is countries, in decreasing order, were Denmark, unchecked, turn into a force that undermines fair New Zealand, Finland, Sweden, and Switzerland. competition, stifle economic growth, and Higher-ranked countries tend to have greater ultimately undercut its own existence. For private degrees of access to information, press freedom, businesses and organizations, the effect of strong standards of integrity for public officials, corruption can cause difficultly in doing business and independent judicial systems. For the MENA and expensive costs. The World Economic Forum region, some of the top ranking countries in the CPI (2011) stated that corruption increases costs by up were the United Arab Emirates (#24), Qatar (#31), to 10% on average worldwide. According to the Jordan (#57), and Saudi Arabia (#62). The failure to World Bank Group Enterprise Surveys 2016, fight corruption explains the sharp drop of most Code of Conduct: Gateway to Anti-Corruption | July 2017 4 Arab countries in the index with 90% of them to reform have not worked in the past for Jordan having scored below 50, which is a failing grade, are: including Jordan who scored 48 for CPI 2016. 1. Cultural resistance 2. Lack of professionalism in HR management 3. Lack of services and auditors that can help companies adopt a code of conduct, and lack of knowledge and awareness for the process of certification 4. Lack of stakeholder involvement to help promote the code (E.g. media, business, In Jordan’s case, the United Nations Convention academic, NGO) against Corruption (UNCAC) was ratified in the year 5. No uniform ethic code 2005, and since then has implemented laws to Although prosecution of corrupt individuals is address corruption within the country. These laws important to demonstrate that corruption is not to include the Penal/Criminal Code (#16, 1960), Anti- be tolerated, and that no one is immune from Corruption Act (#62, 2006), Anti-Money misbehavior, anti-corruption is not only about Laundering Act (#46, 2007), Right to Access punishing. Holistic approach to addressing Information Law, Economic Crimes Act (#11, 1993), corruption involves preventing it. This is done by: Ombudsman Law (#11, 2008), Law of Illicit Enrichment (#21, 2014), and Integrity and Anti- 1. Building transparent systems of governance, Corruption Act (#13, 2016); which merged Anti- 2. Strengthening the capacity of civil society and Corruption Act and Ombudsman Law and nullified the media, them. 3. Improving public integrity, 4. Strengthening the personal ethics of As evident, Jordan has made progress in setting up individuals, and a legal and institutional framework to combat 5. Challenging social norms that encourage corruption. Nevertheless, an effective anti- corruption. corruption program for Jordan requires co- operation between the public and private sector. Creating and establishing a well-designed code of The American Chamber of Commerce published in conduct is the first step, and main foundation, to 2016 a framework code of conduct for the private fight and prevent corruption. A code of conduct sector to be approved by the Jordan Integrity and (CoC) is a set of rules outlining the rules, and Anti-Corruption Commission (JIACC). In addition, responsibilities of an individual or an organization there have been programs released and revised by (PAIB Committee, 2007). The document does not the Jordanian government such as the Golden List need to be complex; it should establish what is Programme. The Customs Department released expected from the entire company. Codes of and revised a Golden List Programme, which conduct can be an important step in creating an encourages good corporate citizenship amongst “inclusive culture”. It also helps companies enforce trading companies and international best practice and implement