The first local standard in the field of anti-bribery in China, the Shenzhen Standard of "Anti-Bribery Management System", was implemented on July 1.

On July 3, Shenzhen held a training course on international standards for anti-bribery management systems and Shenzhen standards. The Shenzhen Institute of Standards interpreted the standards for the first time. In the future, anti-corruption and anti-bribery enterprises will not only target themselves, but also have the responsibility and obligation to propose anti-bribery requirements for their upstream and downstream supply chains, such as suppliers and customers. Traces are kept throughout the process to demonstrate that the entire process has been controlled.

1 "Information Sharing" Can Constitute Hidden Bribery

Xia Kunshan, deputy director of Shenzhen Market Supervision Administration (Shenzhen Quality Administration, Municipal Intellectual Property Office), introduced that the Shenzhen Municipal Commission for Discipline Inspection entrusted the Shenzhen Institute of Standards to develop the first local standard in the field of anti-bribery - "Anti-Bribery Management System" Shenzhen standard, and was officially released last month. This is Shenzhen's first trial in the field of standardization of the anti-bribery management system, which fills the gap in the domestic system for bribery prevention, and will explore experience for the nationwide promotion and application of the anti-bribery management system.

The reporter noticed that the standard defines "bribery" as any value of improper benefit, that is, bribery is not only explicit benefits such as money, gifts, entertainment, etc., but also includes some implicit bribery methods such as information sharing, exemption of obligations and responsibilities, etc. .

"At present, this standard is mainly applicable to commercial organizations and commercial enterprises of various types and sizes, and other non-commercial organizations, such as party and government organs, public institutions, social groups, etc., can be used for reference. The bribery issues to be solved include: internal organization bribery, bribery carried out by the organization and its representatives (such as employees or business partners) to achieve the interests of the organization, bribery carried out against the organization and its representatives, bribery through third-party schemes, introduction bribery, etc.” Xia Kunshan said.

Nicholas Fleury, executive secretary of the International Organization for Standardization, also commented on the spot that the introduction of this standard in Shenzhen is a model for the transformation and implementation of international standards for anti-bribery management systems in a certain region.

2 Anti-bribery clauses should be included in employment contracts

"The standard is in line with international advanced concepts, and its key indicators and requirements are consistent with international standards, but localized innovation has been carried out according to the actual application needs of enterprises, which has strong pertinence and operability." The relevant person in charge of the Municipal Standards Institute Said that the Shenzhen Standard of "Anti-Bribery Management System" requires enterprises not only to have responsibilities and obligations for their own anti-corruption and anti-bribery work, but also to their upstream and downstream - such as suppliers and customers to raise anti-bribery requirements and obligations. , so as to drive and strengthen the society's anti-bribery awareness and actions through the entire management chain and supply chain.

In addition, the standard requires enterprises to keep various records, document information, and traces throughout the process of preventing and controlling bribery, so as to prove that the entire process has been controlled and prepared for supervision and inspection.

"The standard requires that enterprises can rely on existing compliance, risk control, auditing and other departments to establish anti-bribery functional departments, and provide necessary resource guarantees for the construction and operation of the anti-bribery management system, including human, financial, material and other aspects, especially In terms of human resources, it is required to include anti-bribery clauses and requirements in employment contracts, to conduct due diligence when recruiting and promoting key personnel, and to continuously carry out anti-bribery education and training.”

The person in charge introduced that the standard proposes eight major control measures that should be taken, such as conducting due diligence on projects, activities, business partners, employees in specific positions, etc. with low bribery risks, and implementing adequate financial control measures; Strengthen control in non-financial aspects such as sales, human resources, legal and regulatory activities, and strictly manage benefits such as gifts and entertainment; require business partners to implement anti-bribery control measures, and establish reporting procedures and investigation and handling mechanisms.

It is reported that the Shenzhen Institute of Standards will continue to promote the promotion and application of Shenzhen standards for anti-bribery management systems. Enterprises can also choose whether to carry out anti-bribery management system certification according to their own wishes. The certified enterprises are equivalent to affixed with a clean label, which will help Enhance corporate brand image.