00:00What responsibility does a company have when a third party pays a bribe on its behalf, even though
00:04Did no one authorize it directly? This is the story of Caribbean Projects SAS.
00:10a company that needed to obtain a key permit to start an operation in Barranquilla.
00:15Faced with administrative delays, one of the directors decided to hire an agent
00:19An external party was hired to handle the process with a public entity. The intermediary assured
00:24have experience, knowledge of the process and contacts within the local administration.
00:29At first, everything seemed to be going well. In fact, the permit was approved in a short time.
00:34surprisingly short. However, what seemed like an efficient solution ended up becoming
00:40a much bigger problem. Months later, an anti-corruption investigation revealed
00:45that people had given money and other improper benefits to a public official
00:50to expedite the approval process. The authorities concluded that the company
00:55He also bore responsibility for what happened. The reason? He failed to conduct due diligence.
01:00It failed to provide adequate information about the third-party contractor and overlooked several red flags. Among them,
01:06fees difficult to justify, unusually high commissions, lack of supporting documentation
01:12and urgent payment requests without sufficient explanation. This case demonstrates the risks
01:18Corruption doesn't always occur directly. Sometimes, the actions of an intermediary are involved.
01:23These consequences can affect the entire organization. As a result, the company
01:28He faced administrative and criminal investigations, economic sanctions, loss of reputation, and the
01:34Suspension of important commercial contracts. The lesson is clear. Know the third parties with whom
01:39We conduct business, implement appropriate controls, and report any unusual situations to the officer.
01:45Compliance measures are fundamental to preventing corruption risks and protecting the
01:50organization. In many cases, companies use agents, consultants, or intermediaries.
01:57to assist with various procedures and processes. However, when these third parties act on behalf of
02:03within an organization, they can also generate significant risks. To better understand how to prevent
02:08situations of corruption associated with third parties, today we are joined by the compliance officer, Catalina
02:13Barba Estrepan. Thank you, Catalina, for being with us. No, thank you. Catalina, the company can be
02:19responsible if a third party pays a bribe without direct authorization. Of course, the authorities
02:25They believe that companies must have controls, processes, and measures in order to
02:32Oversee those agents, third parties, and intermediaries who represent us. And what controls should be in place?
02:40Before hiring agents or intermediaries? It is essential to conduct due diligence and know
02:47experience, in-depth knowledge of these third parties, and the inclusion of compliance clauses,
02:55anti-bribery clauses so that we can, let's say, exercise that control. It's important that these
03:03entities that represent us, these third parties that represent us, also know our
03:07policies. That's why we disclose to third parties who will be acting on our behalf,
03:13Our zero-tolerance policies on corruption. And what warning signs might indicate a risk?
03:20of corruption with third parties? For example, requests for cash payments, lack of supporting documentation, pressure
03:26to act quickly. We have to, for example, when they say we have to act now or this always
03:31This is how it's done. These are signs that should alert us. Thank you, Catalina, for these
03:36Recommendations. Remember that corruption prevention begins before hiring a third party.
03:42and continues throughout the entire business relationship. Apply controls, check backgrounds and
03:48Reporting any warning signs helps us protect the organization and strengthen a
03:53A culture based on ethics and transparency. Beware if a third party, lawyer, agent, or representative
03:59He acts on behalf of the organization. He must play by the same rules as us. Don't fall for his nonsense.
04:06That's easily fixed. Or, "I have a contact, and that's how it's always done here." In our organization.
04:14We do things right. We ask questions, we verify, and we follow the controls because when everything is...
04:21It's done transparently, and we all win.
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