a compliance case study in the global banknote industry
Transcription
a compliance case study in the global banknote industry
A COMPLIANCE CASE STUDY IN THE GLOBAL BANKNOTE INDUSTRY GEOFF BELL CHIEF RISK & COMPLIANCE OFFICER SUPPLY CHAIN Film Production Opacification Banknote Printing The Breakthrough The First Guardian Banknote - 1988 SHADOW IMAGE TRANSPARENT WINDOW INTAGLIO HOLOGRAM 3 OWNERSHIP STRUCTURE 50% 50% 80% 20% CORPORATE PROFILE Market Statistics Number of Denominations Issued on Guardian® 31 countries have issued banknotes on Guardian® substrate 120 112 7 countries have announced full Guardian® banknote series 5 denominations are converting to Guardian® each year Number of Denominations 100 80 60 40 20 Current market share at 5-7% and growing 0 1988 1990 1992 1994 1996 1998 2000 Source: Securency analysis 2002 2004 2006 2008 2010 MULTI NATIONAL RISKS Agent sales and marketing arrangements Senior government officials Intense competition and barriers to entry Long term high value contracts CANADA NORTHERN IRELAND ROMANIA CHINA MEXICO HONDURAS GUATEMALA DOMINICAN REPUBLIC KUWAIT HONG KONG TAIWAN THAILAND NICARAGUA VIETNAM SRI LANKA COSTA RICA BRUNEI MALAYSIA SINGAPORE BRAZIL MOZAMBIQUE PARAGUAY INDONESIA PAPUA NEW GUINEA VANUATU AUSTRALIA CHILE NEW ZEALAND THE OFFENCE – CRIMINAL CODE A person is guilty of an offence if the person provides, or offers, or promises to provide, a benefit to another person where: The benefit is not legitimately due to the other person; and The person does so with the intention of influencing a foreign public official in the exercise of the official’s duties as a foreign public official in order to: Obtain or retain business; or Obtain or retain a business advantage that is not legitimately due to the recipient, or intended recipient, of the business advantage WHY COMPANIES NEED TO CARE… 39 countries have enacted bribery and corruption laws under the 1997 OECD Anti-Bribery Convention There is an increased focus by law enforcement and regulators here and abroad on Bribery and Corruption and related offences The reach of foreign law is expansive and there is unprecedented cooperation between authorities The laws overlap and conduct may be caught by the laws of multiple jurisdictions And then, of course, the cost of the investigation and the remediation… THE INVESTIGATION Whistleblower alleges corrupt activity at Securency Board informs Australian Federal Police – full cooperation Forensic Review Change over in executive team – investigation continues Charged for conspiring to bribe, first under criminal provisions Nine executives charged Company matters resolved, committal hearings and mounting media focus The cost to the business?......to be continued. THE COMPLIANCE CHALLENGE Forensic and internal audit Termination of all agents and executive team Flat sales and marketing structure Appointment of Chief Risk & Compliance Officer “No go” zones and local legal support Culture, communication, transparency – industry role model Governance, reporting and KPIs Third party due diligence UK bribery act – TI adequate procedures LESSONS TO DATE Must Do’s for International Companies Understand legislation and risks in your business Top level commitment Policies – strong and well communicated Due diligence Books and records – strong financial processes Contracts need to involve more than Sales personnel Conduct quality audits of key third parties Reinforce messages – training Whistleblower reporting A sound culture is your best defense RED FLAGS Invoices from non-approval service providers/unnecessary third parties performing services Cash payments, travel expenses, per diems Payments to intermediate and ‘agents’, especially where appear inflated or lack of documentation Contracts with vague deliverables Government customer that recommends or requires the company to use a particular representative or distributor Sales to governmental agencies with high unit price and low frequency Requests for commission payments to be made to accounts in other countries or to people/companies who did not perform the services Excessive payments or commissions for services rendered or insufficient staff to perform the services to be rendered Loosing bidders hired as subcontractors Favourable treatment of one supplier over another Suspect qualifications of a successful bidder