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ISO 37001 CONTINUES TO GAIN GLOBAL MOMENTUM

 * Worth MacMurray
 * January 17, 2023
 * 7:48 am

According to ISO’s most recent 2021 survey, ISO 37001 is becoming one of the
most widely certified ISO management system standards. In 2022, there was
noticeable anti-bribery management systems standard activity in certain sectors
and geographies.

Oil and Gas Sector – Maritime Services. Several key participants will attain
certification in Q1 2023 – from 2022 audit activities. Certain global energy
company “majors” began communicating the benefits of the standard to their
respective supply chains – which is being read by many business partners as “we
need to do it.” A primary sector driver appeared to be the operating efficiency
theme – a realization that 37001’s “speaking a common language” benefit
eliminates the time and cost of negotiating bespoke anti-bribery terms and
conditions. Sector RFP language requiring 37001 certification (either in place
or in process) started to appear.

U.S. Activity. The gaming, luxury goods, construction, and government contracts
sectors all saw activity – in addition to oil and gas services. This U.S. uptick
was noticeable, but Europe (Italy, Spain, Greece, and Slovakia), Asia
(Indonesia, Malaysia, Singapore, and South Korea), and Latin America (Peru,
Mexico, Brazil, and Ecuador) still dominate in 37001 certifications.

From audits over several years, and particularly in 2022, several 37001
certification audit trends have become apparent:

DOJ’s Testing Priority. During 2022, senior DOJ representatives publicly and
consistently emphasized the importance of program testing. 37001 can be one such
effective testing technique. Several certification clients tested their mature
ABAC programs (based on legal standards) by seeking 37001 (business standard)
certification. The results? Control gaps were identified and resolved.
Management teams became more integrated (and willingly) into anti-bribery
oversight and participatory activities – because they now saw an understandable
business approach to what had been a set of opaque legal requirements. From a
personal perspective, the best part was seeing CCO “a ha moments” as they gained
new operational insights.

ISO Management System Experience. Companies that are already ISO 9001 (Quality),
ISO 14001 (Environment) and ISO 27001 (Info security) familiar have an easier
time with the anti-bribery management system certification process. They
understand and are, therefore, better able to apply the shared ISO management
system approach of each of these standards to required controls, planning
activities, documentation, and oversight. Organizations considering 37001
certification or alignment benefit from including colleagues with ISO management
system expertise in their planning and implementation of the standard. 

Begin at the beginning. Companies not already familiar with an ISO management
system often try to tweak their ABAC programs to achieve 37001 certification,
assuming that minor program changes will satisfy management system requirements.
At best, this approach is problematic because controls are invariably missed. At
worst, it can result in major non-conformance audit findings, and related
delays, additional costs, and misunderstandings. The better approach is for CCOs
to start with an anti-bribery management system (ABMS) clean slate, map the
requirements from the existing program to the ABMS, and thereby both identify
system gaps and learn the ISO approach in the process.

2023 Early Indicators. In the 37001 space during 2023, look for public
announcements and continued interest from the global oil and gas sector;
targeted Ukraine-related activity – preparing for eventual massive
infrastructure rebuilding and financial aid flows; and continued recognition in
various sectors (not just oil and gas) of 37001’s singular anti-bribery “common
language” benefit. 

The author would like to thank Anthony Mason of Parola (UK) who graciously
contributed to this article. 

Worth MacMurray

Worth MacMurray is a former public company general counsel, a certified ISO
37001 – Anti-bribery management systems auditor, and an
anti-bribery/anti-corruption consultant.



 * Post Tags: Department of Justice, ISO 37001, Luxury Goods, oil and gas

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