3rd Hague University Students
Anti-Corruption Forum
9th June 2016
Anti-Bribery Compliance in the Maritime Industry:
Problems and Prospects
Marco Kielstra
Pierre Lommerse
Marco Kielstra
Anti-Bribery Compliance in the Maritime Industry
Marco Kielstra is a manager and legal counsel with maritime
services provider Van Oord N.V. and is permanently seconded to Van
Oords Offshore Oil & Gas business unit in Gorinchem, the
Netherlands.
With Van Oord Offshore, a contractor servicing the offshore oil and gas
industry, Marco supports the Offshore business units two
subdivisions on ethics and compliance, and on projects
worldwide.
The projects have an emphasis on installation and protection of
subsea pipeline infrastructure and related dredging activities from
tender and execution stage up to completion and, if any,
claim/dispute settlement.
Pierre Lommerse
Anti-Bribery Risk Management in the Maritime Industry
Risk is the only certainty in your life, how do you cope with it?
Pierre Lommerse is a Senior Risk Specialist Governance Risk &
Compliance with 18 years experience. He has worked in more
than 26 countries and with several large financial organizations
(NUON / ABN-AMRO / SAS Institute BV / IBM).
Pierre has considerable experience with the Basel II and other
financial regulations aimed at increasing control over financial
organizations. He has written several articles and is also
conference speaker in the area of Risk and Business Control
Environments. Pierre is also participant of Transparency
International and the Institute for Financial Crime.
Anti-Bribery Compliance in the Maritime Industry
Problems and Prospects
Marco Kielstra | The Hague | 9 th June 2016
Dredging and Marine Contractors
4
Introduction
Business drivers
Maritime transport
Energy consumption
Urbanisation
Rising sea levels
Tourism
Dredging and Marine Contractors
5
Introduction
At the office
On the project
On shore
Marine
ingenuity
Doing business
On board
Managing a project
Dredging and Marine Contractors
6
Introduction
Company profile
Leading international
contractor
Tendering and contracting
Licenses, customs, taxes, or
import/export matters
Use of business partners
Dredging and Marine Contractors
9
Van Oord in the oil & gas supply chain
Financial food chain
Oil companies make money
from production honey pot
Contractors make money from
oil companies, the bees
Dredging and Marine Contractors
10
Introduction
Policy
UK Bribery Act 2010
US Foreign Corrupt Practices
Act
OECD Anti-Bribery Convention
NL: Institute for Whistleblowers,
1 March 2016
Dredging and Marine Contractors
11
Introduction
Offices worldwide (June 2016)
Working worldwide means presence worldwide
Russia, St. Petersburg
Russia, Moscow
Netherlands, Rotterdam & Gorinchem
Germany, Bremen
Kazakhstan, Manigistau
Belgium, Zele
Ukraine, Odessa
France, Villepinte
Romania, Constanta Turkmenistan, Ashgabat
Italy, Amelia
Spain, Madrid
Portugal, Lisbon
Azerbaijan, Baku
Gibraltar
Cyprus
United Arab Emirates - Dammam,
Dubai & Abu Dhabi
United Kingdom, Small Dole
United States, Houston
Mexico, Mexico City
Korea, Busan
China, Shanghai
Hongkong
India, Mumbai
Philippines, Manila
Panama, Panama
Nigeria, Lagos
Singapore
Angola, Luanda
Malaysia, Kuala Lumpur
Indonesia, Jakarta
Brasil, Rio de Janeiro
Argentina, Buenos Aires
Australia, Brisbane
Dredging and Marine Contractors
12
Bribery cases
Source: Upstream news
13
Bribery cases
Source: Upstream news
14
Bribery cases
Source: Upstream news
1515
Bribery cases
Source: Upstream news
1616
Bribery cases
Source: Upstream news
1717
Approach: ethics and compliance
Identify
risks
Scope
definitio
n
Perseverance
Effectively
Categor
ize risks
Key risks
Intelligence
Inventiveness
Embed in process
Capable
Partner
Ambitions and goals
Innovation
Cleverness
Compliance
Team
Forward
-looking
Speak up and
investigation
Code and policies
Forward
-looking
Intelligence
Effectively
Pioneer
Partner
Leadership
International
International
Expertise
Inventiveness
Capable
International
Team
Bright
Optimal
organization
Expertise
Communication
Perseverance
Pioneer
Bright
Expertise
International
Forward
-looking
Cleverness
Dredging and Marine Contractors
18
Approach: ethics and compliance
Ethics first: promote values
Keep things simple
Listen, learn and react
Look for the unusual
Manage change
Dredging and Marine Contractors
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Approach: ethics and compliance
Risk assessment
Define scope/conduct: is the
conduct consistent with values
and something we want to
promote within Van Oord
Identify risk(s)
Categorize risk(s)
Mitigate risk(s)
Dredging and Marine Contractors
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Approach: ethics and compliance
Values and priorities
People: number 1 priority
Process: second
Tools: third
Dredging and Marine Contractors
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Approach: ethics and compliance
Compliance Culture Ladder
Led by the Safety Culture
Ladder
Dredging and Marine Contractors
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Are there any questions?
Dredging and Marine Contractors
23
Risk A certainty in your live!
Anti-Corruption
management in the Maritime
Industry
How do we cope ? Are you in control ?
Pierre Lommerse
pierrelommerse@gmail.com
June 9 2016
Who am I!
Pierre Lommerse
High-level business analytics professional with a focus
on Risk management, Compliance and Governance
- Participant of IFFC, Institute For Financial Crime
- Member of Transparency International
- Particpant of netwerk Good management in the public sector
18 years in Risk management, 10 years in international Banking, 9 Years in Risk
software
Specialties:
Change management
Process Re-engineering,
Program / Project Management, Problem Solution,
Business continuity management,
Risk Identification, (Fraude, Corruption etc.)
Risk & Control Framework Investigations/implementations, Compliance
Corruption: Can we prevent it?
Transparency Corruption perception index 2015
Some Organizations and regulations regarding Corruption and bribery
OECD: Organization for Economic Cooparation and development
- In 2010, adopted the Good Practice Guidance on Internal
Controls, Ethics, and Compliance.
TI:
Transparency International
FCPA: Foreign corrupt practices act, 1977
UK Bribery act 2010
The US Department of Justice (DOJ) and US Securities and
Exchange Commission (SEC) published A Resource Guide to the
Foreign Corrupt Practices Act in 2012
Forms of Corruption
Bribery
Kickbacks
Facilitation payments
Charitable and political
donations, sponsorship,
travel, and promotional
expenses:
Conflict of interest
Collusion
Revolving door
Patronage
Illegal information brokering
Tax evasion
Controlling Corruption by:
RCSA: Risk (corruption) Control Self Assessment program
Compliance: Written Standards and Policies
Awareness: Open attitude, Tone at the top
Process of the RCSA
Initiation
Interviews
Validation
Assess risk exposure
High Impact
Low Frequency
High Impact
High Frequency
Low Impact
Low Frequency
Low Impact
High Frequency
Actions
experiences
current controls
vote impact & likelihood
create action plans
Example of a possible standard used by companies
3rd Hague University Students
Anti-Corruption Forum
9th June 2016
Anti-Bribery Compliance in the Maritime Industry:
Problems and Prospects
Marco Kielstra
Pierre Lommerse
