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E-raamat: Business Guide to Effective Compliance and Ethics: Why Compliance isn't Working - and How to Fix it

  • Formaat: 376 pages
  • Ilmumisaeg: 03-Aug-2019
  • Kirjastus: Kogan Page Ltd
  • Keel: eng
  • ISBN-13: 9780749482985
  • Formaat - PDF+DRM
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  • Formaat: 376 pages
  • Ilmumisaeg: 03-Aug-2019
  • Kirjastus: Kogan Page Ltd
  • Keel: eng
  • ISBN-13: 9780749482985

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Across the world, organizations continue to be damaged and brought down by systemic non-compliance or the misdeeds of a few, and newspapers abound with examples of corporate and NGO scandals and crimes. This is despite the increasing ethical demands stakeholders are making of business, the exposing power of social media, the proliferating requirements of compliance laws and regulations, and the burgeoning numbers of policies, procedures and compliance officers that have been put in place in response. So why isn't compliance working? The Business Guide to Effective Compliance and Ethics examines how rules-based, tick-box, defensible compliance continues to fail, and lays out a new approach for organizations seeking to flourish and succeed.

Written for any organization and businesses, this book provides clear, thorough and practical guidance for practitioners and decision-makers. It explains in layman's terms the skills, tools and mindset needed to develop and deliver a best practice compliance and ethics programme - one that meets the requirements made by law, stakeholders and society, and protects your organization from risk of fines, penalties and reputational damage. But this is also a book for all those interested in how to build employee engagement and motivation. The Business Guide to Effective Compliance and Ethics demonstrates the value - including competitive advantage, career satisfaction, employee and customer loyalty, and brand enhancement - that a truly effective compliance and ethics programme can bring, when it works hand in hand with a values-based culture of shared ownership.

Arvustused

"The 'masters and apprentices' book of compliance - practical insights for the professional and lay person alike."" * Christopher Wright, Head of Compliance, LafargeHolcim * "The authors of this book succeeded in explaining precisely, pleasantly and in an easily understandable way what everybody should know and practice in compliance and ethics. Nobody may say anymore: 'I didn't know how to do it'." * François Vincke, Member of the Brussels Bar, Vice-Chair ICC Commission Corporate Responsibility and Anti-corruption * "The engaging style of this book will take its audience beyond the word 'compliance' - seen as so negative by so many demonstrates how to win over hearts and minds. The stories are a useful and practical way to make learning more memorable and therefore effective. The authors are to be commended for their approach in delivering a must read for every CECO... A seminal textbook for those teaching business ethics at universities and business schools." * Philippa Foster Back CBE, Director, Institute of Business Ethics * "Just as importantly, the work provides the right balance between ethics and values on the one hand and compliance programme elements on the other in discussing what works and what hasn't. Brilliantly written and easy to understand, it provides meaningful insight for both the experienced compliance professional and newcomers to the field. It masterfully weaves real stories and anecdotes into the materials in an entertaining way, bringing the discussion to life. Destined to become a classic in the compliance literature, it is required reading for anyone on the compliance journey." * Keith M. Korenchuk, VP & Chief Compliance Officer, Diagnostic Platform, Danaher Corporation/Beckman Coulter Inc. and former partner, Arnold & Porter LLP * "The authors provide such depth of understanding necessary to help entities navigate ethics and compliance in an effective and integrated way. They have managed to do so in a light and upbeat tone with some fun references ranging from rock 'n' roll to Lewis Carroll and a healthy poke at legalese." * Cécilia Fellouse-Guenkel, General Manager, Compliance For Good *

List of figures and tables xii
Preface xiii
About the authors xvii
Acknowledgements xix
How to use this book xxi
Part One
01 Why compliance isn't working
5(16)
Fatal flaws and collateral damage
5(2)
Culture
7(1)
How to be ineffective
7(2)
'Defensible compliance'
9(1)
Compliance as impediment: doing the legal minimum
10(1)
The Age of Damage
11(1)
Making compliance effective
12(1)
What creates effective compliance?
13(1)
Zero harm
14(1)
Compliance, culture and ethics
14(1)
In a nutshell
15(2)
10 reasons why compliance fails
17(3)
Note
20(1)
02 The meaning, origins and role of compliance and ethics
21(20)
Why have compliance?
21(1)
Compliance: a short history
22(7)
What is 'compliance'?
29(1)
What are 'ethics'?
30(2)
What about 'business ethics'?
32(2)
What is 'integrity'?
34(1)
Compliance and ethics in practice
35(2)
So, what is a 'compliance and ethics programme'?
37(1)
The consequences of failure
38(1)
The rewards of success
39(1)
Notes
39(2)
03 Barriers to success
41(20)
'Here be dragons'
41(1)
The dragon of doubt
42(1)
Three attitudes: the sceptic, the champion and the in-betweener
43(2)
So... who is responsible for compliance?
45(1)
Psychology and human nature
45(1)
Nudge theory
45(2)
Danger? What danger? Burning platforms
47(1)
Silence
48(2)
Incentives
50(1)
Culture
51(5)
Resources: 'The cuckoo in the nest'
56(2)
Management time and attention
58(1)
Poor skills, bad approaches
59(1)
Short-termism
59(1)
Notes
60(1)
04 Looking for answers
61(26)
Mission impossible?
61(2)
So is it all about culture?
63(1)
The art of persuasion
64(1)
One size doesn't fit all
65(1)
Personal versus business values
66(2)
Simplicity
68(1)
Storytelling
69(2)
Hire the right people
71(1)
Compliance: with us, not against us
72(1)
Bureaucracy can be good!
73(1)
Integrated compliance and ethics
74(1)
A culture of responsible accountability
75(1)
Incentivizing accountability
76(1)
What's in it for me?
77(1)
A little nudge can deliver big change
78(1)
Technology: friend or foe?
78(1)
What if doing the 'right thing' ethically looks like the 'wrong thing' commercially?
79(2)
In it for the long term
81(1)
Stop saying 'compliance'!
81(1)
Keep it alive
81(1)
Notes
82(5)
Part Two
05 The anatomy of a compliance and ethics programme
87(24)
The road to compliance
87(1)
Starting points
88(1)
What about small and medium-sized enterprises?
88(2)
Key programme components
90(1)
The nine components used in this book
91(9)
The role of Compliance and Ethics Committees
100(1)
'Hanging in the balance'
101(1)
Useful sources of guidance
102(6)
Across the minefield: compliance and ethics meets real life
108(1)
Notes
109(2)
06 Top-level commitment
111(24)
Introduction
111(1)
Tone at the top...
112(1)
... and everywhere else
112(1)
What senior leadership commitment looks like
113(8)
Looking for champions - and working with them
121(1)
What makes top-level commitment?
122(4)
Why
126(1)
Top-level commitment as an 'enabler'
127(3)
Top-level commitment through 'enforcement'
130(1)
In conclusion
131(1)
Across the minefield: compliance and ethics meets real life
131(2)
Note
133(2)
07 Risk assessment and due diligence
135(30)
Before we begin
135(1)
The psychology of risk
136(1)
The problem with assessing risk
137(1)
Why risk assess?
138(1)
What is 'reasonable risk management'?
139(1)
When to risk assess?
140(2)
Risk assessment in compliance and ethics programme planning and design
142(14)
Third parties' compliance programmes
156(4)
In summary
160(2)
Across the minefield: compliance and ethics meets real life
162(1)
Notes
163(2)
08 Code of conduct and policies
165(38)
We the people
165(2)
What is a code - and what is it for?
167(2)
The beginning, not the end
169(2)
How to create an effective code of conduct
171(4)
Corporate policies
175(1)
How much detail should a code provide?
176(2)
'Never mind the supplier's own code - make them comply with ours'
178(2)
Some common but problematic policy areas
180(19)
When there's a conflict between your minimum standards and local culture or laws
199(1)
Across the minefield: compliance and ethics meets real life
200(1)
Notes
201(2)
09 Communication, education and training
203(24)
La grande illusion
203(2)
Communication versus education and training
205(1)
Creating awareness
205(1)
Training versus education
206(1)
Making training land with your audience
206(9)
Making e-learning more effective
215(1)
Communication
216(4)
Collective action - including communication with governments, ministries, local communities, NGOs, embassies
220(3)
Always remember...
223(1)
Across the minefield: compliance and ethics meets real life
223(2)
Notes
225(2)
10 Whistle-blowing hotline and speak-up culture
227(20)
The importance of whistle-blowing
227(1)
The problem with whistle-blowing
228(2)
The importance of creating a process people can trust
230(1)
Regional and cultural differences
231(2)
Anonymity
233(3)
Investigation and remediation of whistle-blowing cases
236(1)
What types of cases should be regarded or treated as 'whistle-blowing'?
237(1)
Why use an external whistle-blowing helpline?
238(2)
Making it live and work
240(1)
Branding
240(1)
The importance of communicating success
241(3)
The characteristics of a speak-up culture
244(1)
Across the minefield: compliance and ethics meets real life
245(1)
Notes
246(1)
11 Procedures and controls
247(18)
What are 'procedures and controls', and what are they for?
247(1)
Identifying where procedures are necessary
248(1)
How procedures can help
249(2)
Types of procedure and controls
251(3)
The dreaded compliance clause
254(3)
Some key procedures and controls specific to compliance and ethics
257(4)
Across the minefield: compliance and ethics meets real life
261(2)
Notes
263(2)
12 Investigations, remediation and enforcement
265(24)
When the need for an investigation arises
265(1)
The importance of enforcement
266(3)
Being fair, consistent and even-handed
269(1)
Having the right skills and guidance
270(1)
Managing investigations: some good practice guidance
271(11)
The investigator's perspective and the pitfalls to beware
282(4)
Across the minefield: compliance and ethics meets real life
286(1)
Note
287(2)
13 Assurance and continuous improvement
289(22)
The need for assurance
289(1)
Monitoring and auditing
290(1)
Implementing a compliance and ethics assurance framework
291(8)
Quantitative versus qualitative assurance
299(3)
An independent compliance monitor
302(1)
Measurement and reporting
303(2)
The road to continuous improvement
305(3)
Across the minefield: compliance and ethics meets real life
308(3)
14 Implementation: The Compliance and Ethics function and everyone else
311(32)
Hammers and nails
311(1)
The position of the Compliance and Ethics function in the organization
312(1)
Structuring the Compliance and Ethics function
313(8)
Examples of how compliance and ethics might be structured
321(3)
Centralized versus decentralized Compliance and Ethics function
324(1)
Centralized versus decentralized compliance and ethics programme
325(1)
Implementing a compliance programme in JVs, fiercely autonomous subsidiaries and conglomerates
326(2)
Deploying the right skills and resources
328(1)
The (very) ideal model of a chief ethics and compliance officer
329(3)
Role description for a chief ethics and compliance officer
332(2)
'Mind the gap'
334(1)
Other specialist functional responsibilities
335(3)
The role of management
338(1)
The role of employees
338(1)
So in the end, who is responsible for effective compliance?
339(1)
Across the minefield: compliance and ethics meets real life
339(2)
Note
341(2)
A final word: So what's the future of compliance and ethics? 343(4)
Index 347
Andrew Hayward is a lawyer with more than a dozen years' experience of compliance roles across sectors. Having previously worked for AstraZeneca and Balfour Beatty, he is now Head of Compliance and Ethics at Subsea 7, an engineering, construction and services contractor to the offshore energy industry. He worked with the British Standards Institute to develop the first anti-bribery standard (BS10500) and was part of the UK delegation on the development of the International Anti-Bribery Standard (BS ISO 37001:2016).

Tony Osborn is an award-winning writer, creative consultant and content developer. He has worked with leading global corporations to help them find and tell their stories and connect with stakeholders. He helped shape and write Serco's online and printed Code of Conduct, and, with Andrew Hayward, the award-winning Balfour Beatty Code of Conduct.