Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ... Managing Conflict of Interest - Organisation for Economic Co ...
174 Managing Conflict of Interest•••••Low organizational loyalty or feelings of ownership;Unreasonable budget expectations or other financial targets;Less-than-competitive compensation (low salaries);Poor training and promotion opportunities; andPoor communication practices or methods.Organizations can combat these factors and cultivate a workenvironment that promotes good corporate governance by:••••••Conclusionsetting an appropriate tone at the top (leading by example);creating a positive workplace environment;engaging in fair and transparent hiring and promotionpractices;providing training (fraud awareness, ethical values, fraudreporting);establishing a code of conduct that instills core values;clearly communicating and enforcing disciplinary measures;andenforcing a policy of zero tolerance for wrongdoing.•Pakistan’s experience offers insights for other countries interestedin strengthening their own corporate regulatory and administrativeframeworks to promote good corporate behavior andto reduce corporate fraud and conflict of interest. Governmentsshould take a holistic approach to establishing a comprehensivelegal framework, which can be effectively enforced and monitoredby capable regulators in a coordinated manner. Working in tandem,government and the private sector can develop a culture ofhonesty and ethical behavior and promote good corporate governancepractices through prevention as well as enforcement measures.These efforts will ultimately help minimize corporate fraudand ensure profitability and productivity in the long term.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Compliance enforcement in a multinationalbusiness context: The Bayer business modelHans-Josef SchillPresident Director of PT Bayer IndonesiaOverview of Bayer’s Business ModelEnsuring Sustainability and Promoting Compliance to CombatCorporate FraudThe Bayer Group, with its headquarters in Leverkusen, Germany,is a successful multibillion-dollar global company (sales in 2006:29 billion euros) employing more than 106,000 employees worldwide.Its core competencies are in the fields (subgroups) of healthcare, nutrition, and high-tech materials. As a global company with adiverse business portfolio, the Bayer Group is exposed to numerouslegal risks, particularly in the areas of product liability, competitionand antitrust law, patent disputes, tax assessments, and environmentalmatters. In the 1990s, Bayer experienced some violations inthese areas and was forced to pay hefty fines.In response, Bayer launched its first corporate compliance program(CCP) in 1999 and published the second edition of its handbookemphasizing enforcement and information in 2004. Bayer’s comprehensiveprogram ensures global responsibility through its network ofcompliance officers and committees per subgroup, as well as localresponsibility through its network of compliance officers and committeesworking within each individual organization or subsidiary.From the outset, Bayer’s program has been anchored in a zerotoleranceapproach to corrupt practices. The program is implementedfrom the top down, involving high-level managementsupport both globally and locally to implement an array of policiesthat promote a corporate culture of ethical behavior. Specific policiesrelated to corporate fraud include: antitrust, anti-bribery, anticorruption,avoidance of conflicts of interest, and antiharassmentand antidiscrimination policies. Other policies and provisions thatpromote corporate social responsibility include: antidrug policies,occupational hazards/workplace safety guidelines, environmentalconsiderations, and the protection of intellectual property rights.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
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174 <strong>Managing</strong> <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong>•••••Low organizational loyalty or feelings <strong>of</strong> ownership;Unreasonable budget expectations or other financial targets;Less-than-competitive compensation (low salaries);Poor training and promotion opportunities; andPoor communication practices or methods.Organizations can combat these factors and cultivate a workenvironment that promotes good corporate governance by:••••••<strong>Co</strong>nclusionsetting an appropriate tone at the top (leading by example);creating a positive workplace environment;engaging in fair and transparent hiring and promotionpractices;providing training (fraud awareness, ethical values, fraudreporting);establishing a code <strong>of</strong> conduct that instills core values;clearly communicating and en<strong>for</strong>cing disciplinary measures;anden<strong>for</strong>cing a policy <strong>of</strong> zero tolerance <strong>for</strong> wrongdoing.•Pakistan’s experience <strong>of</strong>fers insights <strong>for</strong> other countries interestedin strengthening their own corporate regulatory and administrativeframeworks to promote good corporate behavior andto reduce corporate fraud and conflict <strong>of</strong> interest. Governmentsshould take a holistic approach to establishing a comprehensivelegal framework, which can be effectively en<strong>for</strong>ced and monitoredby capable regulators in a coordinated manner. Working in tandem,government and the private sector can develop a culture <strong>of</strong>honesty and ethical behavior and promote good corporate governancepractices through prevention as well as en<strong>for</strong>cement measures.These ef<strong>for</strong>ts will ultimately help minimize corporate fraudand ensure pr<strong>of</strong>itability and productivity in the long term.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific