United States: ISO 37001: Testing The Ability To Implement A Global Anti-Bribery Standard

A year after a global anti-bribery standard was implemented by the International Standards Organization ("ISO"), a slow trend is emerging among major corporations, such as Microsoft and Wal-Mart, announcing they will seek certification under the standard. This presents an opportunity for companies to obtain a best practices certification concerning its anti-corruption controls, which could serve as a favorable factor for lenience for the corporation from criminal or civil enforcement authorities, should a problem arise.

The ISO is an independent, non-governmental international organization that aims to create international standards for various industries including technology, food safety, agriculture and healthcare. On October 14, 2016, the ISO adopted ISO 37001, a global standard aimed at implementing an anti-bribery management system designed to help prevent, detect and mitigate bribery. This is a significant step towards solidifying a global anti-bribery standard for companies across the world. ISO 37001 is based on previous guidance from organizations such as the International Chamber of Commerce, the Organization for Economic Cooperation and Development, and the U.S. Department of Justice ("DOJ") and Securities and Exchange Commission's ("SEC") "A Resource Guide to the US Foreign Corrupt Practices Act."

The standard applies to public, private and not-for-profit sectors of all sizes. The standard not only prevents and addresses bribery by or on behalf of an organization, but also bribery by its employees or business associates. ISO 37001 states "[t]he anti-bribery policy and supporting management system helps an organization to avoid or mitigate the costs, risks and damage of involvement in bribery, to promote trust and confidence in business dealings and to enhance its reputation."1 The ISO has cautioned, however, that conformity with ISO 37001 does not provide assurance that no bribery has occurred, or will occur. There is no guarantee that a company will not be investigated or prosecuted for allegations of bribery, even if certified as compliant with ISO 37001.

ISO 37001 certification requires that an accredited third party confirm that an organization's anti-bribery system meets the ISO standards. To become certified under ISO 37001, a company must implement and meet requirements for anti-bribery policy and procedures; management commitment and responsibility; oversight by a compliance manager; anti-bribery training; risk assessments and due diligence on projects and business associates; financial, procurement, commercial and contractual controls; reporting, monitoring, investigation, and review; and corrective action and continual improvement. This is a principles-based approach rather than a rules based approach.

Since the announcement of ISO 37001, several prominent corporations have announced they would seek to be certified. Notably, Alstom, SA, a company targeted by the DOJ and SEC for Foreign Corrupt Practices Act ("FCPA") violations in 2014, was certified for its European operations in June. In March 2017, Microsoft announced that it was seeking ISO 37001 certification and in May 2017, Wal-Mart Stores announced it was seeking certification.

David Howard, Microsoft's Corporate Vice President & Deputy General Counsel, Litigation, Competition Law and Compliance, has endorsed this approach: "[w]e think a consistent approach to anti-corruption is a good thing. That, along with an objective and independent certification process, should give governments around the world confidence that the companies which achieve certification are doing everything they reasonably can do to reduce corruption."2 While some major companies seem to support ISO 37001, Wal-Mart noted a hurdle to certification is that there are currently no accredited U.S. testers to certify companies.3 As of November 7, 2017, PECB was the first North American management system certification body accredited by the International Accreditation Service, one of two bodies that provides accreditation related to ISO standards, to certify compliance with ISO 37001.

While the benefits of ISO 37001 will take time to ascertain, with major companies like Microsoft and Wal-Mart seeking compliance certification, it is likely that more companies will follow suit. Although there is no guarantee that the DOJ or SEC will not come knocking at a company's door, ISO 37001 certification may lead to a competitive advantage, provide assurance to customers that the company has a robust anti-bribery program, and show governments that companies are serious about complying with anti-bribery laws. Clients are urged to consider whether certification should be sought and to determine the necessary steps to ensure compliance with ISO 37001.


1 ISO 37001: 2016, Anti-bribery management systems – Requirements with guidance for use.

2 David Howard, "Why Microsoft is Adopting the New International Anti-Bribery Standard," https://blogs.microsoft.com/on-the-issues/2017/05/17/microsoft-adopting-new-international-anti-bribery-standard/, May 17, 2017.

3 Henry Cutter, ISO's Anti-Bribery Standard Gets Slow Adoption, Wall St. J., Oct. 18, 2017.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions