Policy Statement and Creation of an Ethical Code (or updating any existing Code)
- Statement of the values and principles of the company.
- The inclusion of irregular business practices, and specifically those that could result in criminal liability, within the definition of prohibited activities.
- The introduction of basic guidelines for the effectiveness of the Code and the prevention programme: Compliance Official or Committee, Enforcement Body, and a system of complaints procedures and investigations.
Development of Ethical Code Regulations
Aims:
- To govern the appointment, by-laws, and functions of the Compliance Official or Committee.
- To govern the appointment, by-laws, and functions of the Enforcement Body.
- To develop the system of complaints procedures and investigations in a swift and reliable manner.
Criminal Risks Report (and Guide for its establishment as an integral part of the company)
This involves drawing up a report on criminal risks for each one of the significant areas of the company, to examine the following:
- Which criminal offences could be attributable to the company; which pre-defined behaviours constitute a criminal offence.
- What the standard prevention mechanisms should be.
- Measures already existing at the company; suggestions for improvements.
Drawing up a Criminal Defence Protocol
This assists the response of the Compliance Official or Committee where conduct constituting a criminal offence is detected internally or externally.
Aims:
- Determination of what happened.
- Remedying or compensating the harm caused, where appropriate.
- Maintaining a culture of compliance.
- Improving the system of criminal prevention.
- Preserving the company’s rights of defence.
- Establishing a defence strategy.
- Co-operating, where appropriate, with the authorities.
- Avoiding any impairment to the company’s reputation.
