Final editing: Anneleen Dammekens, Guido De Clerq, Catherine de Dorlodot, Martim Della Valle, Bert Gevers, Aude Mahy, Cedric Mulfinger, Cindy Peeters, David Szafran, Anne Van der Zwalmen, Sabien Vermeulen.
This document aims at raising awareness on compliance within all companies in Belgium, especially SME’s that do not necessarily have a compliance officer.Why should you care about compliance?
“BE GOOD BECAUSE IT FEELS GOOD”
“BE HONEST BECAUSE YOU KNOW IT’S RIGHT”
“BE SAFE: YOU KNOW WHY”
This document aims at helping you prioritising the right thing to do.
on knowledge, values and risk assessment.
In some instances, complying may imply losing some
business in the short run to get a longer term return:
sustainability, safety – and pride.
Do your best to honor the contracts. General Compliance. Don’t give a hand to criminal gangs. Anti-corruption. Care for your company’s reputation, and for your own.
Business Ethics policy. Work with companies that you trust. Third-party screening. Keep marketing adapted to its target groups. Responsible commercial communications. Reject social exploitation. Care for inclusion. Respect the planet. Corporate social responsability.
Reject anything illegal. Never lie. Effective Compliance Program. Don’t accept or provide gifts or hospitality that will request returning the favour. Gifts & Hospitality Policy.
Decline personal benefit from actions or decisions made at work. Conflict of interests. Process personal data with care and respect. GDPR and data protection. Don’t share your prices with a competitor. Don’t trade customers or sales territories. Competition law. Know the rules before exporting. Don’t try to bypass economic sanctions. Export controls and international sanctions. Speak up. Whistleblowing.
Always think before you act. Would you be comfortable seeing the envisaged behaviour on the front page of a newspaper? Don’t take the risk to lose your job, to pay fines or to go to jail. Heavy penalties apply both in Belgium and abroad.
Assess (again) the risks in the countries or companies you deal with. Embargoes and international individual sanctions might apply. Don’t share your passwords. Keep all devices up-to-date, with all the updates installed. Keep your mobile devices with you at all times. Cybersecurity. Have your data and documents ready for an investigation. Dawn Raids and investigations can be conducted in your office or your car. Ask for advice. When in doubt call your compliance officer, your manager, your lawyer.
Corruption, Money-Laundering and different other frauds are criminal offences in Belgium, leading to fines and imprisonment. Cartels and data protection breaches can lead to severe investigations and fines, and related criminal sanctions on individuals. Prosecution for Export Control and Economic Sanctions can be followed by heavy penalties.
In addition, some countries extend their legal power beyond their territorial boundaries and may pursue you and your company in Belgium.
More than ever, the media, the civil society and consumers more generally, as well as corporate business partners and banks, but also new talents your company might need to hire, care about your company’s reputation.
Do you know where to find your company’s code of conduct?
Has your department been involved in the elaboration of the code of conduct ?
Have you been trained recently about practical implementation of compliance?
Are you aware of the specific compliance risks of your function/your industry/your markets?
Do you know who is accountable for its application?
Do you know who to talk to about compliance and ethics?
Do you trust the available channels to speak up about suspicions regarding ethics or the legality of a given behavior ?
Do you feel empowered by the compliance program of your of your company, if not what would you need to be empowered ?
The Anti-Corruption Guide for Belgian entreprises overseas
UN Global Compact Principle Ten: Anti-corruption (→ tinyurl.com/yywuquh9), its Local Network Resource Engagement Framework
(→ tinyurl.com/y54axae6), its 6 steps to eliminate corruption in Your company(→ tinyurl.com/y64njgdw), the Guidance Business against Corruption (→ tinyurl.com/y6zakèmd) & the Guide for Anti-corruption risk assessment (→ tinyurl.com/y2dkkwyp)
Transparency International FAQ for Belgium → tinyurl.com/y4zuuc9p
ICC Integrity Compendium see “resist” pp.31-90; guidelines on Agent pp. 91-105 and due diligence guidelines pp.106-176. → tinyurl.com/y6gsrf7e
OECD Bribery and corruption → tinyurl.com/yympumrz
Business at OECD Anti-corruption Committe Support (the BIAC) website to enhance OECD efforts to fight against bribery and corruption to ensure integrity and a global level playing field. → tinyurl.com/y5evmurg
The cU4 Anti-Corruption Resource Centre enter resource U4 → tinyurl.com/y4v7tunl
Conflicts of Interest
ICC Guidelines on Conflicts of Interest in Enterprises → tinyurl.com/y24a7wtt
The OECD Due Diligence Guidance for Responsible Business Conduct , “due diligence process” pp.20-36 → tinyurl.com/y3fwhszx
ACFE (Association of Certified Fraud Examiners) Fraud prevention check-up → tinyurl.com/y4m94rfx
OECD Responsible Business Conduct → tinyurl.com/y4yfkqhu
Why complying with competition law is good for business? By ICC: an SME Toolkit → tinyurl.com/yyx4ssos
ICC Cyber Security Guide for Business → tinyurl.com/y58h57kj
Export controls and economic sanctions
World Trade Controls, a free information platform:
Advertising and marketing
ICC Advertising and Marketing Communications Code → tinyurl.com/yxeds7ul
Ethics & Compliance Programs
Anti-Corruption Ethics and Compliance Handbook for business, see “developing and implementing Ethics and Compliance program”, pp. 15-76. → tinyurl.com/y6lxvbqz
Anti-corruption Ethics and Compliance Program for Business → tinyurl.com/yydsnlk7
IBE (Institute for Business Ethics) Training and Tools, especially its “Say NO toolkit’
ECI (Ethics & Compliance initiative) resources & especially its 5 keys to reducing Ethics and Compliance Risk → tinyurl.com/yxep62r7
Training → compliancepro.be/the-training
Local Professionals community → compliancepro.be/the-register
Compliance is and creates value. Decide now what you’ll do differently starting from tomorrow.
1. learn : read your company’s code of conduct, including the annexes. Failure to know and follow it can result in disciplinary action, including termination of employment.
2. understand : check the contact person in your company with whom to raise questions on compliance or ethical dilemma.
3. apply : in practice, when in doubt, ask yourself whether you will be comfortable to see the envisaged behaviour on a newspaper’s front page.
Contact us for any question:
firstname.lastname@example.org, +32 2 515 08 44
Disclaimer: This brochure has been produced by the Belgian committee of the International Chamber of Commerce (ICC Belgium) for the CompliancePro.Be’s initiative.
All texts, formatting, designs and the various elements contained in this brochure are protected by copyright ©.
Text extracts from this brochure can be reproduced for solely non-commercial purposes and provided that its source is clearly stated.
No Partners of CompliancePro.Be nor ICC Belgium accept any responsibility as to the content of this brochure.
This brochure is not intended to provide an inventory of risks related to ethical and regulatory corporate compliance. The information provided is of an exclusively general nature and does not constitute or replace professional or legal advice. It is not necessarily complete, accurate or up to date and does not provide any guarantee of secure protection.