Portugal without accredited entities to pass anti-bribery certifications
Portuguese companies that want to adopt practices to prevent corruption can resort to certification companies. To be certified to the Anti-bribery Rule 37001 you need to find a certification company capable of doing so. But in Portugal there is no certifier accredited by the public accreditation body, the IPAC – Portuguese Institute of Accreditation, with regard to this standard. In order to pass certifications under the anti-bribery standard, certification companies choose to resort to partnerships with foreign entities.
According to APCER – Portuguese Certification Association, “currently, IPAC does not provide an accreditation scheme in accordance with the ISO 37001 Standard. For this reason, APCER does not yet have its own accreditation, resorting to a partner in the IQNet network [uma rede internacional de organismos de certificação], Quality Austria, which is accredited by the Austrian accreditation body “, explained. The association said that “it will request its own accreditation from IPAC as soon as it becomes available”.
But, according to IPAC, the organization still does not provide this accreditation due to lack of interest from certifying companies. “We clarify that the development of new accreditation schemes is articulated between IPAC and the certification bodies, in a rational and efficient way, with IPAC being available to develop the accreditation scheme for the standard in question if any entity demonstrates to us interest in this regard, which until data has not yet been verified”, he referred.
The institute also clarified that there is “no standard or legal provision that prevents those who are not accredited from providing certification services according to ISO 37001”. But there are risks for companies and entities that use this type of services with companies without proper accreditation. “It is precisely for this reason that it is important to request an accredited certification, as this is the only way in which you will have guarantees of being recognized”, indicated the public body.
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Two certified entities
The unusual case involving IPAC and certification companies comes at a time when the government is launching a National Anti-Corruption Strategy 2020-2024. The package of measures and objectives is explained in a resolution of the Council of Ministers approved in April this year.
APCER has certified only two entities in accordance with ISO 37001. Egis Road Operation Portugal, which already had certification, has recently joined the Portuguese Football League (Liga Portugal). Both are certified by Quality Austria, in partnership with APCER.
The anti-bribery norm is an international norm, similarly to many of the existing norms, such as the norms of quality, environment, safety and health at work, which are voluntary and not mandatory.
“This is a relatively recent norm, which is beginning to trigger interest on the part of the associations”, according to APCER. He added that “currently, as companies, they have anti-bribery and anti-corruption policies that aim to implement the principles of action and the duties set out in their codes of conduct in matters of honesty and integrity, and establish standards of action in order to prevent illegal conduct which constitutes the practice of acts of corruption and to guard against potential conflict of interest scenarios. A certification in accordance with the ISO 37001 Standard is a recognition mechanism, by an external and impartial entity, which validates the fulfillment of all requirements normative and regulatory that the organization adopts a series of measures, in a proportionate and reasonable manner, to prevent, detect and manage crimes of bribery, complying with the legislation and with other commitments acquired voluntarily”, he stated.
Advantages for companies
There are several advantages pointed out for companies and bodies that, selected with the anti-bribery rule, such as preventing, detecting and solving cases of bribery and promoting an ethical business culture, through the implementation of measures and controls that represent good global practices against the Bribery. It also allows for an increase in the parties’ confidence, demonstrating that it is a reasonable way to prevent bribery. It minimizes the risk of corruption cases and conflicts of interest. The commitment to the application of good practices to prevent corruption can bring competitive advantages over competing companies.
To obtain certification with an anti-bribery standard, several steps are followed. It starts with an “implementation phase of the requirements defined by the respective standard”, according to APCER. Its implementation “is a process independent of the certification process and can be carried out with internal or external resources to the organization”. The association currently offers a master class on the ISO 37001 Standard with the aim of informing professionals in this area. “After the implementation of the standard’s requirements, the company that intends to obtain certification from a certifying body will undergo an independent assessment, which will validate that implementation”, referred to APCER. If so, “the company obtains certification and will be audited annually to verify that the conditions for certification are maintained”.