South African President Jacob Zuma in a high-level corruption scandal
Recently, South African President Jacob Zuma resigned in a late-night address to the country. This week, politicians and pundits continue to reflect on what led to his downfall – which, even in the midst of high-level corruption scandal, never seemed certain. South Africa high-level corruption scandal
Fraud accusations finally proved to be more than Zuma’s presidency could bear. Two years ago, South Africa’s top court found that failed to pay back public funds spent on his private estate. But it was “the reinstatement of corruption, fraud, money-laundering and racketeering charges related to an arms deal” that pushed the needle too far for South Africans (The Economist, titled “Why Jacob Zuma resigned”, 2018).
Investigators allege that Zuma received a staggering 783 payments from a former financial advisor convicted of fraud. But these were not isolated scandals. Zuma has been implicated and suspected in various corruption schemes dating back to the early 2000s… He became seasoned at fighting court battles, in many cases seeing charges dropped, reinstated, and then dropped again.
The situation is a reminder that fraud and corruption still permeate the highest levels of government in many – even most – countries. Indeed, Transparency International’s most recent Corruption Perceptions Index scored South Africa a 43 out of 100 (Transparency.org, titled “Corruption perceptions index 2017”, 2018), noting that the country “continues to stagnate” along with other African countries in the fight against corruption.
It’s troubling news when so many countries and their citizens are trying to make inroads against fraud and corruption, only to see those efforts thwarted by the very leaders they elected. Bribery is still one of the biggest scourges affecting economies today. In fact, Transparency International (titled “Corruption statistics”, 2018) reports that “more than 40 percent of employees at board and senior manager level said that sales or cost numbers had been manipulated by their company.”
But bribery and corruption eventually end in ruin, as former President Zuma’s case underscores. At ABAC Center of Excellence, we understand how critical it is for any organisation to get its integrity due diligence and compliance measures in proper order and create a zero-tolerance environment for corruption and fraud. A proactive way to do that is to engage ABAC Certification, a special program administered by CRI Group and its ABAC Center of Excellence.
ISO 37001:2016 for your organisation
ABAC Certification’s ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, third-party risk management, integrity due diligence, financial and commercial controls, reporting, audit and investigation.
The ISO 37001 ABMS training and certification help your company address bribery in all its forms, including:
- In the public, private and not-for-profit sectors
- By the organisation
- By the organisation’s personnel acting on the organisation’s behalf or for its benefit
- By the organisation’s business associates acting on the organisation’s behalf or for its benefit
- Of the organisation
- Of the organisation’s personnel in relation to the organisation’s activities
- Of the organisation’s business associates in relation to the organisation’s activities
- Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)
ISO 37001:2016 takes into account a compendium of international best-practices, enabling your organisations to apply and implement uniform anti-bribery measures irrespective of the various countries in which they operate. Help turn the tide against bribery in your country, and your industry.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Manage business intelligence and identify risks
Gathering intelligence isn’t just the stuff of spy movies. It’s also an important part of the business world – and when conducted legally, ethically and effectively, it is a critical tool for any organisation seeking to be successful in their industry or field.
Business investigations are about more than just identifying risk factors or weaknesses. They also reveal opportunities, from emerging commercial markets to potential new partnerships and acquisitions. At CRI® Group, our business intelligence revolves around giving you the information and the edge you need to make smart, insightful decisions that help grow your business.
Consider this: How quickly is the business world-changing in the face of technology and our interconnected world? What is your organisation doing to stay ahead of this curve and position yourself to take advantage of opportunities as they develop? In this article, we’ll talk about how business intelligence can help you grow your business while also avoiding some serious pitfalls.
Market research & analysis: Your key to information
CRI® Group’s market research & analysis experts gather the facts you need to make critical decisions, from entering new markets or industries to partnering with other organisations. Our service is based on getting you accurate information on a timely basis, interpreting and communicating it in a way that makes it easy to integrate it into your business planning.
For example, our CRI® Group’s agents put their investigative skills to work for you by helping you identify and analyse the following factors in your organisation’s market:
- Unmet needs. What gap can your organisation help fill?
- Consumer behaviour and business trends. How can your organisation take advantage?
- Brand awareness and identity. Is your organisation known and respected?
- Commercial viability and potential for success. What’s holding you back?
CRI® Group’s experts also know business trends and market changes and will guide you through the process of effectively communicating your brand and marketing your product through times of transition.
Commercial investigations: Know what you’re getting into
Mergers, partnerships and acquisitions represent another exciting area of potential growth for your organisation. But never go into such major engagements blind. CRI® Group’s comprehensive and thorough commercial investigation services involve a review of all relevant information concerning virtually any business on the planet to ascertain past business dealings, criminal records, executive stability and suspect associations.
Before you engage with another entity, CRI Group’s experts focus on the other organisation’s industry experience, its financial condition, knowledge of applicable laws and regulations, reputation, and the scope and effectiveness of its operations and controls. Our commercial investigations can reveal:
- Details of the organisation’s business and operations
- The organisation’s financial condition and reputation
- Any past or present litigation involving the organisation
- Background checks of the organisation’s key principals
- Reference checks, including peer businesses and industry groups
- Certifications, quality controls and continuous improvement initiatives
- The organisation’s experience in implementing and delivering on the proposed scope of services
- The organisation’s culture, vision and business style
- The organisation’s internal controls, information systems, security, confidentiality and contingency planning documents
- Any existing working relationships to gauge the reliance on subcontractors
- Adequacy of insurance coverage
- Marketing and customer service practices
In business, you need every piece of information available in order to position your organisation for success. With the right mix of market research and analysis and commercial investigations, opportunities will be clearer, and engagements become more secure. Contact CRI® Group today to learn how our business intelligence services can help.
4 Advantages of ISO 37001 Certification
Bribery is a key issue in both local markets and global business activities. The desire to expand business operations and maximise commercial profits not only requires identification and management of operational risks but also identification and mitigation of bribery risks. It is important to note that expansion of business tends to involve bureaucratic processes thus exposing an organisation to bribery risks in a bid to either fasten bureaucratic processes or even in lobbying for favourable operating business climate. Of note, bribes need not be monetary and may be in kind often in the form of favours such as trips, meals among other inducements that may influence favourable decisions. In fact, the global legislation on corruption recognises trading in influence as a form of corruption (Norton Rose Fulbright, 2017). While strategic management is geared towards the maximisation of profits, it is important for organisations to involve themselves in ethical and transparent dealings. Often, management and business personnel participate in corruption and bribery activities in order to facilitate their entry and continued presence in the market. This essay places great emphasis on benefits of ISO 37001:2016 anti-bribery management system certification by characteristically portraying companies and organisations as entities that have an obligation to internally comply with the international anti-bribery standards in order to promote their brand and obey laws thus strategically increasing their competitiveness and overall profitability. Therefore, this article discusses and synthesises existing literature on ISO 37001:2016 anti-bribery management system certification to argue that the ISO anti-bribery management system certification is beneficial to businesses. ISO 37001 Certification Advantages
In particular, the essay reviews four broad benefits of anti-bribery management. First, the article postulates that adoption and compliance with the ISO 37001 anti-bribery management system certification allows an organisation to engage in ethical business conduct by implementing a viable anti-bribery management program. The ISO anti-bribery management system acts as an instructive and exhaustive guide in the identification of bribery risks and formulation of viable bribery risk management practices (Center for Responsible Enterprise And Trade, 2014). Secondly, the article reviews the extent to which the anti-bribery management system enhances confidence among the management, employees, among other stakeholders that an organisation actively pursuing internationally recognised and accepted processes to prevent bribery and corruption. Third, the article proceeds to discuss the accruing benefit associated with protection of an organisation’s assets and the interests of various stakeholders from the effects of corruption. If found culpable, the management may be subject to imprisonment while the organisation may receive sanctions of fines or orders of winding up. As such, it is highly desirable to avoid bribery and corruption. Lastly, the due diligence and internal investigation procedures recommended by the ISO 37001 anti-bribery management system allows an organisation to adduce evidence to show that it has taken reasonable steps to prevent bribery and corruption.
1. Implementing a viable anti-bribery management program utilising widely accepted controls and systems
The ISO anti-bribery management system is a cornerstone of a strategic approach to bribery risk identification and subsequent mitigation of bribery risks. For instance, knowledge of a risk is a necessary factor for the effective management process of such risks. Additionally, using the tested principles and practices of the ISO anti-bribery management system allows an organisation to tailor the recommendations in the ISO anti-bribery management system to its contextual business environment. Therefore, it is necessary to discuss how the viability of the anti-bribery management program is of benefit to an organisation.
One key feature of the ISO 37001: 2016 anti-bribery management program is the integration of best practices in whistle-blowing procedures (Valerio, 2017). Usually, employees are the first people who are aware of bribery and corruption practices within an organisation. By integrating whistle-blowing protection in its internal anti-bribery practices, an organisation implements a viable anti-bribery management program that encourages employees to come forward with knowledge on ongoing corruption (Gordon & Miyake, 2001). It is important to note that information obtained through whistle-blowing is not always factual thus the need to conduct due diligence and verification.
Notably , the ISO 37001:2006 has had the impact of making companies adhere to the International Anti-Bribery Management System Standard. As an international standard of high repute, ISO 37001 has brought tremendous changes to market dealings and firm operations. Organisations have a guideline of rules and code of ethics to follow to mitigate the risk of being involved in corruption charges. Terms of engagement when dealing have been laid down and each organisation and other market players know what is legal and acceptable. Furthermore, the ISO 3700 contains pre-existing policies and guidelines which are familiar to some organisations. It only added a few regulations to existing policies. These include: reporting, monitoring and correction measures targeting the offenders (Cottrell, 2016). This has made it easier for the organisations to comply with them as they have been engaging them in the past. Companies have to comply with the new regulations before engaging in any kind of business. Fighting corruption in organisations and in business transactions has been made easier and achievable. Specifically tailored rules of engagement for different organisations ensure that they are able to stop or even prevent cases of bribery when or before they occur.
2. Stakeholder assurance that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption
The international nature of the ISO anti-bribery management system allows organisations to align their internal policies on corruption with the domestic laws of the country the organisation is operating in. It is important to note that state-nations are increasingly domesticating the global legal framework on anti-corruption and actively prosecuting offenders. Therefore, the international ISO anti-bribery management system is of high importance to a company as it formulates its internal policies on anti-bribery and anti-corruption in accordance with international and domestic legislation on anti-corruption in both the public and private sector.
The assurance that an organisation is operating within international standards and processes helps cultivate social legitimacy in the operation of a company which directly serves to boost investor confidence and attract investors. Also, some consumers base their purchase decisions on the ethical operations of accompany. As such, ISO standard serves as a pull factor for new consumers. Bribery is a very serious issue with adverse macroeconomic and microeconomic effects (Valerio, 2017). In particular, it not only distorts markets and competition but also erodes the profitability of private firms and individual enterprises throughout an economy. The ISO 37001:2016 anti-bribery management system provides measures that help organisations to prevent, detect, eradicate and address bribery. This is done by adopting the anti-bribery policies, hiring personnel to oversee the anti-bribery compliance risk management and diligence on projects and business associates, implementing commercial and financial controls and also reporting and investigation procedures. ISO 37001:2016 can only be used in any of the organisation regardless its size, type whether public or private or non-profit organisations.
The ISO 37001:2016 anti-bribery management system allows organisations to incorporate international standards of preventing bribery in their routine day to day operations. Put differently, it helps the organisation to improve performance by orienting the organisational culture towards transparency and eradication of bribery. Such an organisational culture allows the design of goals, objectives and mission that promote due diligence, and monitoring and evaluation in a bid to identify and mitigate bribery risks (Valerio, 2017). Identification and resolution of bribery risks increase an organisation’s capacity to deliver consistent and improved satisfactory services to consumers within the law and without engaging in bribery and corruption. In addition, the anti-bribery management system improves the way the organisation protects its people from fraud and ensures that there is a favourable working environment. Therefore, the ISO 37001:2016 anti-bribery management system enhances transparency in organisational culture thus promoting the optimisation of resources.
Investors are another important entity. When investors are investing in any organisation or market such as the stock market, they need to be protected from scrupulous businesses. The system allows them to have genuine business deals that are free from bribery. Since in many markets, for example, the stock market many players like to use shortcuts in the name of bribes as demonstrated by insider trading of stocks and options in the markets. The integration of anti-bribery management system in routine operations allows organisations to use international standards to detect and mitigate probable apparent forms of bribery. Thus, ISO 37001 ensures that there are sanity and fairness in the market.
The ISO 37001:2016 anti-bribery management system also levels the market by eradicating unfair commercial practices of bribery that stand to distort a section of the market to the whole market. Of note, bribery and trading in influence is a common practice among multinational corporations operating in developing nations. Often, bribes affect markets by distorting markets to the extent that the bribing organisations operate outside the law where they flout systems such as tendering and supply chains thus landing lucrative business deals with minimal attention being paid to merit. As such, commitment of businesses to the ISO 37001:2016 anti-bribery management system boosts investor confidence thus facilitating investment and healthy competition. It is important to note that bribery can also be used in recruitment. By embedding ISO 37001:2016 anti-bribery management system in its recruitment practices, an organisation benefits by hiring the best-fit talent. As such, the organisation boasts of job and talent match which is necessary for employee confidence and job satisfaction which translates to increased employee productivity.
3. Protection of the organisation, its assets, shareholders, and directors from the effects of corruption
Protection of the organisation’s assets, shareholders and management from the adverse effects of bribery and corruption is another benefit associated with the ISO anti-bribery management system. Often, the negative effects of corruption are economic in nature. For instance, bribery affects the profit margins of a company to the extent that the management has to divert funds meant for either operating capital or assets capital to facilitating bribes. Additionally, the public knowledge that an organisation is actively involved in bribery or any other form of peddling influence affects brand identity which erodes consumer base thus reducing the overall profitability of an organisation.
Bribery is one of the world’s most destructive habits. Responsible for the loss of an annual monetary figure of $1 Trillion, this vice has demoralised institutions and nations as well. In the appreciation of the catastrophic effects of this vice, ISO designed a system capable of sealing loopholes against bribery in organisational systems. Specifically, the ISO 37001:2016 creates precise measures that assist in detection, prevention and the address of bribery occurrences in institutions (Center for Responsible Enterprise And Trade (CREATe), 2016). This ISO process focuses on two bribery angles. One, it addresses how a bribery by the organisation can occur. Here, the certification demands to identify either the business or the associates who have handled a bribe deemed to benefit the organisation. Two, it addresses cases where the organisation has received a bribe. In this scenario, it is the reality where a business or its associates has received or given a bribe in relation to the activities conducted by the entity.
This system can operate as a stand-alone facility or function under another system through integration. The tool is available for use by all organisations regardless of purpose or objectives. Therefore, commercial organisations, not-for-profit entities and governments are free to apply it as a way of achieving anti-bribery compliance. One advantage that cuts across all organisations is the amplification of confidence in the eyes of external stakeholders. From another perspective, an organisation using this ISO format is assured of a good reputation as well as an excellent working environment. The risk factors are minimised and a solid credential pathway is realised. Indeed, many for-profit outfits have consistently applied anti-bribery systems as a measure of acquiring extensive market penetration goals. The ISO 37001 typically seeks to create an accountability culture around the globe that can have organisations conduct activities in a clean and health environment. For the business world, ISO 37001 is packaged to breed a set-up full of trust in a way that can sustain and grow commercial activities. Simply, it is a system that seeks to make the world an honest place.
An organisation with an ISO: 37001 2016 certification is open to public scrutiny since its management operates without fear. Further, such an entity displays fidelity and compliance to bribery legislations such as acts of parliament or the congress. More importantly, subscribing to the system certification demonstrates a commitment to collaborate and work with like-minded organisations in managing bribery and corruption in the world. The chain of responsibility and accountability, additionally, ensures that the supply chain systems used by the organisations conduct clean and verifiable business. Closely related to that advantage is the growth of moral and legal business transactions between businesses and their contractors. Corruption can permeate to every corner of an organisation and the anti-bribery certification blocks such realities.
The ultimate beneficiary of ISO: 37001 is the shareholder. When an organisation bribes its way into the business and has its license taken away, the shareholder loses their investment. If credibility is lost and the activity schedule goes down, it is the shareholder who bears the heaviest burden. However, bribery in organisations practically affects everyone in the political, commercial or social jurisdiction of such a company. Disgrace can lead to loss of jobs. Still, a fined or closed company implies lower tax revenues to the government. Therefore, businesses should integrate ISO: 37001 2016 in their management operations as well as in risk and compliance.
4. Provision of acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption
The ISO certification embeds a culture of corporate social responsibility and willingness to collaborate with law enforcement agencies. Cognisant of the backlash and opprobrium associated with corporate obstruction of justice in the investigation of bribery and corruption, the ISO certification allows organisations to document their proactive involvement in reviewing their compliance with global standards of anti-bribery management as well as the concrete measures the management has initiated to show its willingness to prevent and curb bribery risks.
It is important to note that organisations have a distinct legal personality away from the management and other stakeholders. The separate legal personality of an organisation means that an organisation is liable for bribery activities committed by its employees or its management. Under domestic laws, culpable organisations are subject to legal sanctions which include hefty pecuniary fines and in some cases dissolution of the organisation. Pecuniary fines affect the operations of a company by diverting either operating capital or assets to unintended activities. Overall, diversion of financial resources to foot fines affects the profitability of a company as well. In addition, such diversion of financial resources through fines affects growth strategies such as expansion into new markets. In this case, provision of documented evidence to the prosecution or the courts demonstrates that an organisation has taken reasonable measures to prevent bribery and corruption thus helping the organisation to avoid fines and sanctions such as winding up.
The management has a huge role in identification of bribery risks in a bid to maximise an organisation’s efficiency and productivity. The ISO certification system offers best strategies to manage an organisation in the face of bribery and corruption risks. Of note, ISO: 37001 2016 allows organisations to identify risks and formulate key performance indicators to monitor and evaluate the extent to which an organisation acts within the law and conducts ethical business. In sum, the ISO: 37001 2016 certification not only facilitates the war against corruption in business environments but also promotes efficiency and productivity of an organisation.
Other Solutions
While CRI® may not offer the ABMS certification, we do offer other services. We specialise in solutions regarding compliance, working as trusted partners to businesses and institutions across the globe. Our experts work with energy, insight and care to ensure we provide a positive experience to everyone involved – clients, reference providers and candidates. CRI® Group’s unique identity and vision evolved from our fundamental desire to support our clients and their candidates, thus creating the DueDiligence360™.
The DueDiligence360™ reports help organisations comply with anti-money laundering, anti-bribery, and anti-corruption regulations. This service also proves beneficial ahead of a merger, acquisition, or joint venture as it can be used for a third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures. Identifying key risk issues clearly and concisely helps enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.
Why not consider our background investigative solutions?
Our solutions are also certified by the British Standard Institute BSI for the scope of BS 7858:2019 Screening of individuals working in a secure environment, Code of practice (the only BS 7858 certified background screening services provider in the UAE and across the Middle East); and BS 102000:2018 Code of practice for the provision of investigative services.
Another risk management solution to consider from CRI® is our Third-Party Risk Management solution (TPRM), also known as 3PRM™. In the wake of the global pandemic, the 3PRM-Certified™ was developed in a bid to aid organisations in accurately determining the legal compliance, financial viability, and integrity levels of external parties, vendors, and customers who seek to be affiliated with and represent the business.
The 3PRM-Certified™ program consists of gap analysis and investigative due diligence on the targeted above parties. This highly thorough program reveals anti-corruption, compliance and risk management discrepancies associated with the international regulatory framework helping your business to flourish at any scale. Find out more about CRI® Group’s Risk Management Solutions.
If you’re unsure of what solution may be best for you and your business, how about connecting with one of our experts for a free consultation? Receive tailored advice from the top analysts and investigators across the globe.
Who is CRI® Group?
Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including ISO 31000:2018 Risk Management- Guidelines; ISO 37000:2021 Governance of Organisations; ISO 37002:2021 Whistleblowing Management System; ISO 37301:2021 (formerly ISO 19600) Compliance Management system (CMS); Anti-Money Laundering (AML); and ISO 37001:2016 Anti-Bribery Management Systems ABMS. ABAC® offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in developing frameworks for strategic compliance programs. Contact ABAC® for more on ISO Certification and training.
Sources & Credits
- Center for Responsible Enterprise And Trade (CREATe). (2016). Top 10 Takeaways of the ISO 37001 Anti-Bribery Management Systems Standard. Center for Responsible Enterprise And Trade (CREATe). Retrieved from https://create.org/wp-content/uploads/2016/09/CREATe-ISO-37001-Guide-eBook-Final-9.27.16.pdf
- Center for Responsible Enterprise And Trade. (2014). Addressing corruption risk through enterprise risk management. Center for Responsible Enterprise And Trade. Retrieved from https://create.org/wp-content/uploads/2014/12/create_whitepaper_ac_2014.%C6%92.single_lo.pdf
- Cottrell, E. (2016, December 13). ISO 37001- The Potential Impact of the New International Anti-Bribery Management System Standard. Retrieved from http://pcgc.parkerpoe.com/iso-37001-the-potential-ipact-of-the-new-international-anti-bribery-management-system-standard/
- Gordon, K., & Miyake, M. (2001). Business approaches to combating bribery: A study of codes of conduct. Journal of Business Ethics, 34(3), 161-173.
- Norton Rose Fulbright. (2017, February). Business ethics and anti-corruption world. Norton Rose Fulbright. Retrieved from http://www.nortonrosefulbright.com/files/business-ethics-and-anti-corruption-world-issue-5-146709.pdf
- Valerio, B. (2017). Corruption and ISO 37001: A new instrument to prevent it in international entrepreneurship. World Journal of Accounting, Finance and Engineering, 1, 1-14.
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Investigative research reveals opportunities
Having the critical information you need can mean the difference between success and failure in business. When it comes to investigative research, trained experts can uncover facts that help you make the right decisions; and save your organisation from making costly mistakes. CRI® Group has trained investigators positioned worldwide who can help provide a range of investigative research services. When used as a tool of effective due diligence, investigative research can provide an immediate advantage and be a proven benefit for an organisation in any industry. In this article, we’ll discuss a few ways investigative research can help uncover previously unknown weaknesses.
Finding fraud
Any organisation is susceptible to fraud. To make matters worse, corporate fraud is often a complex crime, requiring a high degree of investigative expertise to ensure that evidence is gathered and handled correctly, interviews are conducted effectively, and laws are carefully followed in the investigation.
CRI® Group has conducted financial investigations for companies worldwide to uncover a variety of criminal activity, including:
- Corporate and accounting fraud
- Asset misappropriation
- Data manipulation or data theft
- Internal & external corruption
- Embezzlement
- Kickback schemes
- Expense manipulation
- Procurement fraud
- Third-party fraud
- IP Infringement
- Insurance fraud
The worst type of fraud scheme is the one you don’t know about. Statistics say that a typical fraud lasts as long as 18 months before it is discovered. With proper investigative research, you can uncover fraud sooner – and hopefully prevent the next one.
Discovering IP Theft
Intellectual property (IP) theft is a serious threat to any organisation. Unfortunately, trying to counteract it can be a slow and expensive process. Using proper investigative research by an expert provider like CRI Group can help uncover cases of IP theft and help you begin the process of securing your property.
Did you know how many types of IP theft are out there? In today’s high-tech world, your organisation can’t afford not to protect its IP assets. Through IP infringement investigations, our experts have helped uncover the following:
- Trade secret breaches
- Data breaches and IP leaks
- Patent investigations
- Theft of proprietary customer data
- Copyright abuse
- Unauthorised use of trademarks
- Counterfeit & pirated products
- Threats to brand integrity and reputation
- Brand imitation & product copying
Uncovering conflicts of interest
Conflicts of interest can cause serious harm and weaken your organisation. They can impact your bottom line, such as when an executive awards business to a colleague or friend at higher prices or partners with an unethical or disreputable third party. Investigative research provides extensive due diligence, looking deep into partnerships and vendors to uncover potential conflicts of interest.
Some of the scenarios CRI® Group’s experts have discovered:
- Criminal conduct and background issues
- Hidden assets
- Shell companies
- Unethical partnerships
- Bid-rigging
- Hidden financial interests among executives or management
Investigative research is critical in helping your organisation stay on top of any issues before spiral out of control. And as an effective tool for risk management, it helps you put preventative measures in place for the future. In business, the more you know the facts, the better positioned you will be. Contact CRI® Group to learn more about how investigative research can help your organisation today.
Who is CRI® Group?
Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
Former auditor blows the whistle on Ernst & Young
Another egregious case of alleged corruption has rocked the fraud world. A whistleblower accuses Ernst & Young, one of the venerated “Big Four” accounting firms, of “unlawful, unprofessional, and unethical” behaviour for its audit of a Dubai gold company. The gold company, Kiloti, is in turn accused of money laundering and buying gold from conflict zones.
According to the article, titled “Whistleblower claims accountants turned a blind eye to Dubai firm he says painted 5 tons of gold to look like silver” (Business Insider, 2018), the fired former auditor filed documents in high court detailing the accusations. The article notes:
The court documents allege the audit found Kaloti had imported five tons of gold bars from Morocco painted silver, to avoid Moroccan export restrictions on gold, and that cash transactions totalling more than $5 billion made by the company were not reported to the Dubai authorities.
It is also alleged that about 57 tons of Sudanese gold was imported without due diligence checks done to establish whether it had come from a conflict zone, and that Kaloti did business with several organisations listed by US authorities as fronts for terrorism and organised crime.
The case illustrates several truths about corruption today:
Money laundering is still a serious, widespread problem
Anti-money laundering experts help clients avoid these risks, because the negative impacts of money laundering are so significant for any organisation. They include:
- Damaged corporate reputations and brand devaluation
- Eroding employee moral
- Potential consumer boycotts
- Negative investor perceptions
- Possible legal action
- Fines and potential jail terms for directors
Whistleblowers still face repercussions
In this case, it appears the EY auditor was terminated by bringing forth these bombshell allegations. CRI Group counsels clients to encourage fraud reporting, rather than punish it. The best case is to provide an anonymous reporting system, and to respond thoroughly to any tips of corruption, bribery and fraud. Remember, your employees are your first line of defence against fraud. If they aren’t willing to come forward for fear of retribution, fraud and corruption can continue unabated for years.
The UK Bribery Act is in force here
According to the article, the whistleblower and his lawyers allege that EY is in violation of the Bribery Act “because the firm retained Kaloti as a client and continued its good relations with Dubai authorities,” in spite of the alleged known or suspected money laundering.
This is why CRI’s ABAC Center of Excellence places a huge emphasis on helping clients stay diligent and in compliance with all anti-bribery and AML laws and regulations.
ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, due diligence adequacy, financial and commercial controls, reporting, audit and investigation.
The 3PRM-Qualified™ training and 3PRM-Certified™ certification process for ISO 37001:2016 helps your company address bribery in all its forms, including:
- In the public, private and not-for-profit sectors
- By the organisation
- By the organisation’s personnel acting on the organisation’s behalf or for its benefit
- By the organisation’s business associates acting on the organisation’s behalf or for its benefit
- Of the organisation
- Of the organisation’s personnel in relation to the organisation’s activities
- Of the organisation’s business associates in relation to the organisation’s activities
- Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)
Contact ABAC today and find out how we can help your organisation stay better protected from the negative effects of money laundering and bribery, and remain in compliance with all applicable laws and regulations.
ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
Petrobras to $422 million for corruption
The world’s largest builder of offshore oil rigs will pay $422 million in penalties after entering a guilty plea for bribery charges connected with the Petroleo Brasileiro (Petrobras) scandal. The company made illicit payments to both Petrobras officials and government representatives for years.
According to an article in Bloomberg, titled “Keppel Offshore to Pay $422 Million to End Bribery Probe” (2017), Keppel Offshore’s bribery scheme lasted for more than a decade. The payments ran afoul of the Foreign Corrupt Practices Act (FCPA), resulting in the investigation.
The Bloomberg article includes a contrite statement from the company, in part:
“We regret and are deeply disappointed by the actions that we now know to have taken place at the group’s offshore and marine business in Brazil from around 2001 to 2014,” Keppel Corp. Chairman Lee Boon Yang said in an earlier statement. “Any perception that illegal payments can be condoned, if they are made by agents, is wrong and will not be tolerated.”
The action comes as a part of a multimillion-dollar bribery scandal that rocked Petrobras in 2015, leading to investor lawsuit and disgraced government officials. Corruption, bribery and fraud are serious issues in Brazil, along with many other countries around the world that are rushing enact new laws and tools to fight them, while enhancing efforts to enforce rules that are already on the books. Along with the FCPA, the UK Bribery Act and other regulations aim to criminalise corruption across international borders and stem the impact of such illicit acts.
For ABAC Center of Excellence, helping clients navigate the complicated waters of compliance and changing laws is one of our highest priorities – along with helping them stay protected from fraud and corruption. That’s why our CRI’s Certification program offered through the ABAC Center of Excellence offers cutting-edge training and resources for companies to be proactive in their anti-corruption measures.
ISO 37001:2016 Anti-Bribery Management System Certification
ABAC Center of Excellence is a provider of the ISO 37001:2016 Anti-Bribery Management System Certification, which confers many benefits including the following:
- Certification adds a distinct level of credibility to the organisation’s management systems and must be completed by a qualified, independent third-party.
- Ensures that the organisation is implementing a viable anti-bribery management program utilising widely accepted controls and systems.
- Provides assurance to management, investors, business associates, personnel and other stakeholders that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption.
- Protects the organisation, its assets, shareholders and directors from the effects of bribery.
- Provides acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption.
Don’t wait for bribery and corruption to affect your business. Contact the ABAC Center of Excellence today and learn how CRI’s Certification – and ISO 37001:2016 Certification – can help your organisation be proactive and protected from risk.
Appointment of Data Protection Officer under GDPR
There is the growing misconception surrounding the need for appointing a Data Protection Officer (DPO) under GDPR which is effective on 25th May 2018. The role of DPO is critical for correct implementation of the newly drafted regulation. Relating to this, the organisation needs to ask itself four main questions before appointing a DPO which are:
- Do they even need to appoint a DPO?
- Should they need a DPO anyway for safe measures of compliance?
- Can the role of DPO be outsourced?
- Will the DPO be personally liable?
- When should a DPO be appointed?
I will start by answering the first question. According to article 37(1), GDPR requires data controllers and processors to designate a DPO in any case where:
- The processing is carried out by a public authority or body;
- The ‘core activities’ of the controller/ processor consist of processing operations which ‘require regular and systematic monitoring of data subjects on a large scale’; or
- The core activities of the controller/ processor consist of processing on a large scale of ‘special categories of data’ or personal data relating to criminal convictions and offences.
As per the definition private sector companies will not need to appoint a DPO. Majority of the private companies do not engage in monitoring of personal data, therefore in their course of administration they will not need a DPO. For ready and seamless implementation of the three criteria stated above guidance of Article 29 of Working Party Guidelines on DPO’s issued in 2016 and then 2017 can be sought so that correct measures are taken.
The second question of whether DPO is needed anyway for safe measure of compliance can be answered by making use of Article 37(5) which basically lays down the requirements and puts an organisation under obligation to appoint someone which has adequate knowledge of data protection law and practices, in short, the qualification required for appointment of DPO. Generally, there may be someone who will be fulfilling the role of DPO to be required to meet the standard under GDPR for compliance under Article5(2). The Guidelines also suggest that the knowledge must commensurate with experience, complexity and sensitivity of data with expertise in European data protection laws and with in-depth GDPR knowledge.
It is important to note that the actual role of DPO will be different from that of a normal employee or a contractor in that case as DPO are independent species not bound by the administration and are to operate freely out of their will. This means that they cannot be assigned task or instructed to do tasks assigned by the CEO or the central administration. The level of impartiality needs to be maintained separately from the organisation so there is no corruption and bias in the process of compliance structure when adhering to the GDPR regulation. In line with this the DPO’s employment status is protected under Article 38(3) of the GDPR, which means they cannot be dismissed or be sanctioned by the organisation from performing or not performing tasks. Therefore, the appointment of a DPO will be a critical juncture in the implementation of GDPR as this will determine the future of compliance standards set and met in the organisation.
Can the role of DPO be outsourced? This is answered under the Article 37(6) of the GDPR which makes it simplistically clear that DPO can be an employee or a contractor. Giving the concerns and apprehensions raised in the above paragraph, many experts in the field of compliance are of the opinion such role needs to be outsourced, rather than being in-house. However, there is no straightforward answer and depends on the requirement and load of the organisation compliance setup. The DPO needs to be involved as per the regulation in a “proper and timely manner, in all issues which relate to the protection of personal data”. The Guidelines state that controllers and processors must develop data processing guidelines or programmes that set out when can the DPO be consulted. If this method is conducted, organisations can perform much productively and meet their compliance goals.
Is DPO personally liable? The Working Party Guidelines state that DPO will not be personally liable in case of noncompliance with GDPR. However, the GDPR text is silent on the issue of liability and the text does not say much and is in fact silent on this. DPO’s will need to be cautious regardless.
Organisations need to decide on the appointment of the DPO and who will be the best one for their need. For this they must conduct their background screening through tools such as EmploySmart™ and finalise candidate fit for this role so that it sits well with the newly identified governance structure of the organisation. Using appropriate background checks will ensure that Data Protection Officers skills are identified before the finalisation of the job. Ultimately what is a better fit for the business, will be determined by the decision-making heads of the organisation as the time is shrinking. Consensus on DPO is the need of the hour.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Mexico’s Government Is Blocking Anti-Corruption
While many countries and their leaders are making strides against fraud and corruption, some national governments can’t seem to get out of their own way. Such appears to be the case right now in Mexico, where the Mexican government is accused of blocking its own anti-corruption initiatives that were launched earlier this year.
According to an article in The New York Times, “Mexico’s Government Is Blocking Its Own Anti-Corruption Drive, Commissioners Say,” members of a commission put in charge of the anti-corruption effort allege that their efforts to investigate various scandals are being thwarted by the government. As the article reports:
Marred by scandals that have embroiled his administration, his allies and even his own family, Mr. Peña Nieto agreed to the creation of a broad anti-corruption system last year that was enshrined in the Constitution, a watershed moment in Mexico.
But after nine months of pushing to examine the kind of corruption that ignited public outrage and brought the new watchdog into existence, some of its most prominent members say they have been stymied every step of the way, unable to make the most basic headway. At least one of the commissioners quoted in the article is entirely frank as to why they think the government is throwing up road blocks. And it’s more insidious than run-of-the-mill bureaucratic stalling.
“They are panicked that maybe we will go too hard and unravel something, find individuals responsible for corrupt acts,” José Octavio López said. He worked in the administration the last time Mr. Peña Nieto’s party held the presidency, in the 1990s, and is now part of the new National Anti-Corruption System.
“They are used to appointing someone they control,” Mr. López said of the government. But when officials learned that he and others on the new commission wanted to act with impartial independence, he added, “they didn’t like that.”
The fact is that corruption ranks among the worst problems around the world, affecting business, governments, economies and populations. Despite Mexico’s current problems, countries in all corners of the globe are enacting more stringent laws and regulations to try and stem the tide of criminal behavior and financial loss.
CRI Group’s experts have worked with clients at all stages of the process – from conducting due diligence and putting controls in place to protect against fraud and meet compliance requirements, to being called in after-the-fact when fraud has already occurred. Any business leader will attest that the former is a much better situation than the latter. Trying to recover lost funds, repair a damaged reputation and rebuild a business that has been devastated by fraud is a long an uphill battle.
That’s why CRI Group is designed to help organisations be proactive in preventing and detecting fraud and corruption. In 2016, the company launched ABAC® Center of Excellence (ABACGroup.com) – an independent certification body established for ISO 37001:2016 ABMS. The Center provides ISO 37001 training, and its certification services are accredited by the Emirates International Accreditation Center (EIAC).
ABAC® Center of Excellence is made up of experienced experts that have tailored many of the world’s prominent standards, and our tutors will turn you into a professional in embedding it to boost your company to its peak in performance. At ABAC® CoE, we provide you training to constantly enhance your knowledge and task your agents to improve more with following subjects:
- ISO 37001:2016 Anti-Bribery Management System Certification
- ISO 31000:2009 Risk Management Standard
- ISO 19600:2014 Compliance Management System (CMS) Standard
- ISO 37001:2016 Lead Auditor Training
- ISO 37001:2016 Internal Auditor Training
- ISO 37001:2016 Introductory Course
At ABAC Center od Excellence, we are immensely committed to the highest ethical standards. Our goal is to enact excellence a convention for companies worldwide. Corruption and fraud aren’t going to go away. And in spite of setbacks in Mexico and some other countries, new rules and regulations are being enforced every day around the world requiring that companies demonstrate integrity, ethical behavior and compliance.
ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
Rio de Janeiro law demonstrates
The time is quickly coming to an end when companies could expect to be successful in business without having a strong emphasis on compliance and ethics. The latest evidence of that is the fact that in Brazil, which has been stricken with high-profile fraud scandals in recent years, a new rule requires any companies doing business with the state of Rio de Janeiro to implement an integrity program.
This goes a clear step further than more broad regulations that require compliance programs as a factor of consideration. The Rio de Janeiro law mandates that companies have such programs in place if they contract with the state, or face legal consequences.
According to an article at Global Compliance News, “Brazil: New mandatory compliance programs between companies and Rio de Janeiro State,” the new measure has the following aims:
The law sets forth that its goal is to protect the public administration from irregularities, guarantee that the contracts are executed in compliance with the applicable laws, minimise risks, bring more transparency to contracts and improve the quality of contractual relations.
The law follows the Brazilian Anti-Bribery Law, and “mandates the existence of a compliance program in companies which enter into contracts, partnerships, concessions, or public-private partnerships, with the public administration of the state of Rio de Janeiro, in amounts higher than the legal threshold for the public tender category of competitive tender …” It applies to the following:
- Business organisations and sole proprietorships, incorporated or not, regardless of the type of organisation or the corporate model adopted.
- Foundations, associations of entities or persons.
- Foreign companies with headquarters, branch or representation in the Brazilian territory, incorporated legally or not, even if temporarily.
There is no reason to think that the State of Rio de Janeiro will be the last to institute a strict law of this nature. That is just one of the reasons why CRI Group is helping organisations around the world develop and enhance their own compliance and due diligence programs.
Our CRI Certification program provides certification and continuous training to constantly enhance your knowledge and expand your employees’ skills and understanding of third-party risk management, compliance, anti-bribery and anti-corruption methods and best practices, and helps you stay in compliance with international laws and regulations, as well as local rules such as Rio de Janeiro’s mandatory compliance requirement.
Accredited certification and training
CRI’s Certification body, ABAC Center of Excellence, provides certification and training to businesses seeking to validate or expand their existing compliance frameworks by implementing the latest in best practice due diligence processes and procedures necessary for pursuing and maintaining global third-party affiliations.
- ISO 37001:2016 Anti-Bribery Management System Certification
- ISO 31000:2009 Risk Management Standard
- ISO 19600:2014 Compliance Management Standard
ISO 37001 Training options
The ABAC Center of Excellence is made up of experienced experts that have tailored many of the world’s prominent standards and our tutors will turn you into a professional in embedding it to boost your company to its peak in performance. At ABAC Center of Excellence, we provide you training to constantly enhance your knowledge and task your agents to improve more with following subjects:
- ISO 37001:2016 Lead Auditor Training
- ISO 37001:2016 Internal Auditor Training
- ISO 37001:2016 Introductory Course
- ISO 37001:2016 Impact on Business
ISO 37001 Benefits to You
- Provides training with cutting-edge methods and best practices for your team
- Curriculum is tailored to your organisation’s needs, and on your schedule
- Increases your organisation’s reputation and transparency among stakeholders and partners
Be proactive in keeping your organisation ahead of the curve with new laws and regulations everywhere – and anywhere – you conduct business. Contact ABAC Center of Excellence today and learn how we can help.
GDPR: A 21st Century approach to Compliance
Ever since its conception, GDPR has caused a strong stir in the legal and compliance world. The new law builds on the previous data protection legislation but at the same time provides more resilient protections for consumers, and more privacy considerations for organisations involved in the processing of personal data. The new EU General Data Protection Regulation (GDPR) in Europe, adopted in 2016, will be applicable starting on May 25, 2018. GDPR comes with significant changes compared to the Data Protection Directive 95/46/EC involving operational changes in organisations.
To say that GDPR is an extension of the previous law will also not be true. It is an add on but a game changer as well in the field of legal and compliance. It has been dubbed as the most important change in data privacy laws in 20 years, leaving the compliance world in a bit of an abyss due to it ever evolving nuance and uncertain nature of applicability. Each country needs to have their own Data protection (outside EU) as stringent and controlled as the EU’s GDPR.
Personal data
So, what exactly does GDPR apply to? GDPR applies to personal data and personal sensitive data. If you are offering goods or services to EU citizens inside or outside the EU GDPR will apply. However, the GDPR’s definition is more detailed and makes it clear that information such as an online identifier, can include for e.g. an IP address which can amount to ‘personal data’. The more expansive definition provides for a wide range of personal identifiers to constitute personal data, reflecting changes in technology and the way organisations collect information about people.
For most of the organisations, keeping HR records, employment checks, customer lists, or contact details etc, the change to the definition should make little practical difference. So one can assume that in case an individual or organisation hold information that falls within the scope of the Data Protection Act, it will also fall within the scope of the GDPR. The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This is wider than the DPA’s definition and could include chronologically ordered sets of manual records containing personal data.
Sensitive personal data
It is important to note that the GDPR refers to sensitive personal data as “special categories of personal data” as stated in Article 9. These categories are broadly the same as those in the DPA, but there are some minor changes. For example, the special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing. All kinds of background screening and due diligence fall under it.
Controller and Processor
Another main guide to get ready for GDPR includes first determining whether your organisation processes personal data as a “data controller” or “data processor” The GDPR applies to ‘controllers’ and ‘processors’(Article 19-23). A controller determines the purposes and means of processing personal data. A processor is responsible for processing personal data on behalf of a controller. Incase of a processor, the GDPR places specific legal obligations on you as a processor for example, the requirement to maintain records of personal data and processing activities. There is the result of bearing the onus legal liability if processor is found responsible for a breach.
However, controllers are not relieved of their obligations where a processor is involved as the GDPR places further obligations on controllers to ensure its contracts with processors comply with the GDPR. The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.
Consent
In furtherance of understanding GDPR it is important to know the requirement of Consent under the GDPR (Article 32) must be a freely given, specific, informed and unambiguous indication of the individual’s wishes. There must be some form of clear affirmative action – or in other words, a positive opt-in consent cannot be inferred from silence, pre-ticked boxes or inactivity. Consent must be verifiable, and individuals generally have more rights where you as a person or organisation rely on consent to process their data.
For processing to be lawful under the GDPR, you need to identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing” under the DPA.It is important that you determine your lawful basis for processing personal data and document this.
Data protection officer
This becomes more of an issue under the GDPR because your lawful basis for processing influences individuals’ rights. For example, if you rely on someone’s consent to process their data, they will generally have stronger rights, for example to have their data deleted. Data protection officer (DPO) is the person responsible for GDPR compliance. As per article 35 the DPO will be required by an organisation to be hired depending on the size and processing of large volume of special category of data by an organisation. This person will operate independently of the organisation. The principles of accountability and transparency have previously been implicit requirements of data protection law, however the GDPR’s emphasis elevates their significance.
Ultimately, the aim of these measures should be to minimise the risk of breaches and uphold the protection of personal data. The background investigation companies such as CRI Group offering various screening services and conducting fraud examinations, pre- as well as post-employment screening through “EmploySmart”, “3PRM” due diligence investigation services and third-party checks will need to incorporate GDPR in their system for adequate accountability, transparency and governance in the organisation.
Who is CRI Group?
Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,
In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.
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