Anti-Corruption/Anti-Bribery Third-Party Screening

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Under the FCPA, the UK Bribery Act and local laws in multiple markets, a company is liable for the actions of its business partners, suppliers, customers, and agents (“third parties”) performing services on its behalf. This means that an organization could be subject to prosecution for acts of bribery committed by its third parties.

A screening program designed to flag corruption-related concerns as well as issues regarding relevant sanctions, watch lists and blacklists is a best practice that addresses the inescapable risk of engaging in business transactions with third parties in markets around the world.

 

We have deep experience assessing client-specific screening needs, designing screening programs based on a company’s risk profile and plugging into client organizations to administer these essential programs, allowing clients to direct their valuable in-house resources to other priorities.

 

Our process and methodology, combined with an optimal (offshore and/or onshore) staffing model, ensures a company-tailored program and cost effectiveness. We become an extension of your in-house team, but without requiring the on-boarding, training and management.

Anti-Corruption/Anti-Bribery Third Party Screening

Creating Policy

We provide guidance and create internal policies for business partner screening programs. Using a number of risk factors, we incorporate the business risk profile into a scoping assessment to define the audience of third parties subject to screening. We then establish a screening policy based on the audience parameters and on the risk threshold of the business.

Engaging third parties cannot be entirely free of risk. Thus, as an element of a comprehensive screening program, we develop risk mitigation measures for engaging state-owned enterprises, politically exposed persons, entities subject to sanctions and additional high-risk parties.

With policy in hand, we draft communications to both internal stakeholders and external third parties to outline screening expectations and responsibilities, emphasizing the importance of compliance and the risks of policy violations to both the business and individuals.

Executing A Third-Party Diligence Program

We establish standard operating procedures designed to identify key players, develop clearance thresholds for flags based on risk tolerance and establish the roles and responsibilities for managing each stage of the screening process, including setup, screening and escalation. Our team services every step of the program administration: We execute the screens, analyze and synthesize the results, escalate flags according to standard operating procedures and develop reports to document screening results. For any problem third parties, we manage, track and document next steps and resolution, including the implementation of risk-mitigating actions and further due diligence efforts.

Additional Services

In addition to our deep experience in establishing and managing screening programs, we can offer further services as needed to help create a successful program:

Screening tool system review and selection. There is quite a bit of difference between the tools available that might not be immediately apparent but can impact the “fit” of the tool within the company. Key differences include the ability to integrate with company systems, foreign language capabilities, data used in the screen, underlying screening databases, the screening workspace, communication and alert functionalities and reporting capabilities.

System implementation. This includes configuring the tool to align with company needs, working with internal data administrators to identify data and port data and developing a complete set of screening procedures covering party screening through the end of the process (this includes blocking prohibited parties and other mitigating controls).

Training and communication. Change management plays a significant part in an effective party screening program. We can assist with the critical element of designing training and communications to inform key stakeholders, participants and others impacted by the program. We also develop effective communications to raise awareness, set expectations and provide instruction and guidance regarding the screening process.