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Seven Anti-Corruption Practices For Defense Contractors

By Kelly T. Currie on June 13, 2013
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Transparency International issued a new report, Raising the bar: Good anti-corruption practices in defence companies, that identifies seven anti-corruption practices for defense contractors that are critical for promoting an ethical culture and reducing global corruption risks.

According to the report, the “defence sector faces unique risks to corruption due to high-value contracts, requests for official secrecy, and close government interaction on the buyer and seller side.” To mitigate these risks, the report urges defense contractors to consider how they rate on the following practices:

  1. The extent to which the company reports information on its ethics and anti-corruption program to the public.
  2. The extent to which company leadership speaks up against corruption, both internally and externally.
  3. How the company’s board of directors assure themselves of the effectiveness of their anti-corruption program.
  4. How the company carries out corruption risk assessments.
  5. How the company manages the corruption risk of third parties.
  6. How the company trains its staff, especially those in exposed roles.
  7. How the company follows-up on complaints from whistleblowers.

Among the many corruption risks that are present, Transparency International notes that “[a]gents and intermediaries pose the biggest risk of corruption for defence companies, since they interact closely with high risk parties such as government officials (e.g. procurement or customs and immigrations officials).”

The report therefore recommends that contractors conduct due diligence of all potential agents and intermediaries, taking into account such factors as the specific country involved, local anti-corruption regulations and enforcement, contact with government officials, and potential conflicts of interest. Contractors may also want to secure the right to audit their agents and intermediaries, provide compliance training, and require management approval for all agent contracts worldwide, the report says.

A copy of the full report is available here.

Photo of Kelly T. Currie Kelly T. Currie

Kelly Currie is a partner in Crowell & Moring’s nationally-recognized White Collar & Regulatory Enforcement Group and a member of the firm’s Investigations Practice.

He is a former federal prosecutor and an experienced trial lawyer who defends companies and individuals in government investigations…

Kelly Currie is a partner in Crowell & Moring’s nationally-recognized White Collar & Regulatory Enforcement Group and a member of the firm’s Investigations Practice.

He is a former federal prosecutor and an experienced trial lawyer who defends companies and individuals in government investigations, white collar criminal defense matters, regulatory enforcement actions, and corporate internal investigations. Kelly has been recognized as a leader in the white collar and government investigations bar by Chambers USA. According to Chambers, he “brings a wealth of expertise handling all manner of domestic and cross-border criminal proceedings, as well as government and internal investigations.” “He is a terrific, talented attorney.” Kelly was also named as a top-rated white collar criminal defense attorney by The Best Lawyers in America and Super Lawyers magazine.

Read more about Kelly T. CurrieEmail
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  • Posted in:
    Government Contracts
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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