- ADS Business Ethics Network
- ADS Business Ethics Toolkit v2015 – Revised November 2015
- Forthcoming BEN Meeting (exp. 23 November 2017) Please find the Agenda and the Notice of the Main Meeting, which is to be held on the afternoon of Thursday 23rd November, at ADS’ offices in London. This is a FREE-to-attend event, which is intended to cover a number of important topical issues in the Business Ethics world, and give Members the opportunity to network amongst themselves and with the Members of the Steering Committee, and to discuss plans and priorities for 2018. If anyone is interested in attending this meeting, please contact: Brinley.Salzmann@adsgroup.org.uk.
- Forthcoming ABC Conference (exp. 21-22 November 2017) ADS has been contacted by AMLP Forum – The Financial Crime & Corruption Prevention Association (www.amlpforum.com), the organisers of the annual Anti-Bribery & Corruption Forum, which is due to take place in London on Tuesday 21st and Wednesday 22nd November 2017. At this link it is possible to find the details of the event. The Chairman of the Business Ethics Network, Mr Steve Pegg, of Lockheed Martin UK, is one of the speakers at this event. Further details are available from to Lili or Gosia at email@example.com.
- Uzbek Bribery Allegations (exp. February 2018) The US Department of Justice (DoJ) has announced that Stockholm-based Telia Company AB, an international telecommunications company that was formerly an issuer of publicly-traded securities in the US, and its Uzbek subsidiary, Coscom LLC, entered into a global foreign bribery resolution and agreed to pay a combined total penalty of more than US$965m to resolve charges arising out of a scheme to pay bribes in Uzbekistan. Telia entered into a deferred prosecution agreement in connection with a criminal information filed in the US charging the company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). In addition, Coscom pleaded guilty and was sentenced on a one-count criminal information charging the company with conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to its agreement with the Department, Telia agreed to pay a total criminal penalty of US$274,603,972 to the US, including a US$0.5m criminal fine and US$40m in criminal forfeiture that Telia agreed to pay on behalf of Coscom. Telia also agreed to implement rigorous internal controls and cooperate fully with the Department’s ongoing investigation, including its investigation of individuals. The US Securities and Exchange Commission (SEC) and the Public Prosecution Service of the Netherlands (Openbaar Ministrie, or OM) announced separate settlements with Telia in connection with related proceedings. Under the terms of its resolution with the SEC, Telia agreed to a total of US$457,169,977 in disgorgement of profits and prejudgment interest, and the SEC agreed to credit any disgorged profits that Telia pays to the Swedish Prosecution Authority (SPA) or OM, up to half of the total. Telia agreed to pay the OM a criminal penalty of US$274m for a total criminal penalty of US$548,603,972, and a total resolution amount of more than US$1bn. The DoJ agreed to credit the criminal penalty paid to the OM as part of its agreement with the company. The SEC agreed to credit the US$40m in forfeiture paid to the Department as part of its agreement with the company. Thus, the combined total amount of criminal and regulatory penalties paid by Telia and Coscom to the US, Dutch, and Swedish authorities will be US$965,773,949. Further details are available at: this link, as well as at: this link, this link and this link.
- SFO Investigations into Amec Foster Wheeler (exp. January 2018) The Serious Fraud Office has announced that it has opened an investigation into the project management and services firm Amec Foster Wheeler PLC (https://www.amecfw.com/). The probe will cover the London-based firm “and any predecessor companies” that owned or controlled the business, as well as the activity of any of its subsidiaries, officers, employees or anyone else associated with it “for suspected offenses of bribery, corruption and related offenses”, said the SFO in a statement. The company primarily serves the oil, gas, chemicals and mining sectors. Amec Foster Wheeler said in a statement to the London Stock Exchange it disclosed to shareholders in May that the SFO “may well commence” a probe into the company. The statement said the company was told on 11th July that the investigation has begun and the probe concerns the past use of third parties and possible bribery.
- The Potential Benefits of Self-Disclosure (exp. January 2018) The Department of Justice has decided not to prosecute a US engineering and construction firm for bribery of foreign officials, citing the company’s self-disclosure, remedial measures, and other factors. This decision appears consistent with an ongoing DOJ pilot program designed to motivate companies to voluntarily self-disclose Foreign Corrupt Practices Act-related misconduct and remediate flaws in their controls and compliance programs. A DOJ investigation found that the company had paid c.US$1.18m in bribes to government officials in India in exchange for contracts resulting in c.US$4m in net profits. All senior management at the company’s India subsidiary were aware of the bribes and approved or participated in the misconduct. However, the DOJ decided to close its investigation without prosecution based on a number of factors, including the company’s:
• timely, voluntary self-disclosure;
• thorough and comprehensive internal investigation;
• full cooperation, including provision of all known relevant facts about the individuals involved in or responsible for the misconduct;
• steps to enhance its compliance program and internal accounting controls; and
• full remediation, including terminating all of the responsible executives and employees. In addition, the company agreed to disgorge US$4.04m in profits from its illegal behavior.
- FCPA Guilty Plea relating to Haitian Bribery (exp. January 2018) The US Department of Justice (DOJ) has announced that Amadeus Richers, 66, of Brazil, the former general manager of a Miami-based telecommunications company, has pleaded for his role in a scheme to pay US$3m in bribes to various Haitian officials to secure a lucrative contract with Telecommunications D’Haiti (Haiti Teleco), the state-owned and state-controlled telecommunications company in Haiti. According to admissions in the plea documents, beginning in 2001 and lasting until 2004, Richers and his co-conspirators paid roughly US$3m in bribes directly and indirectly to foreign officials employed by Haiti Teleco and to a foreign official in the executive branch of the Haitian government to secure a favourable contract and favourable treatment in connection with that contract from Haiti Teleco. The co-conspirators funnelled some of the money through third-party intermediaries and paid other money directly to officials or relatives of officials, Richers admitted. Richers is the ninth defendant to have pled guilty or to have been convicted at trial in this case. Further details are available at: https://www.justice.gov/opa/pr/telecom-executive-pleads-guilty-fcpa-charge-connection-haitian-bribery-scheme.
- FCPA Enforcement may change (exp. January 2018) Defence lawyers say a recent Supreme Court ruling could change the way the Securities and Exchange Commission enforces US foreign-bribery law. The Supreme Court ruled earlier this month that disgorgement, a form of clawing back ill-gotten funds from defendants, faces a statute of limitations because it is a penalty under the law. The method of punishment, which the SEC uses frequently when pursuing companies in Foreign Corrupt Practices Act cases, now faces the same five-year time limit as a traditional civil penalty. FCPA cases typically take several years to resolve and involve settlements that historically have included disgorgements that concern conduct that goes far beyond the penalty period. Several of the biggest FCPA settlements in recent years involved disgorgements clawing back ill-gotten gains from old misconduct. Defence attorneys said in several alerts to clients since the decision that it could change the calculus for the SEC’s approach toward FCPA enforcement, and for how companies may respond to SEC allegations.
- UK Banker Found Guilty of Taking Bribes (exp. January 2018) The Old Bailey has sentenced a former banker at the European Bank for Reconstruction and Development (EBRD) to six years in prison for accepting US$3.5m in bribes from a Pennsylvania-based consultant. Andrey Ryjenko, a dual UK and Russian citizen, was convicted by a jury of a bribery conspiracy, and was also convicted of money laundering and sentenced to two years in prison, which will run concurrently. At the London-based development bank, Ryjenko reviewed applications for loans and investments submitted by eastern European oil, gas and mining firms. Between July 2008 and November 2009, he agreed to take 50% of the commissions the Pennsylvania consultant would earn when the loans were approved. The consultant paid the money into accounts held by Ryjenko’s sister, Tatjana Sanderson. She was charged but later declared unfit to stand trial. In the United States, the DOJ charged the consultant with violating the Foreign Corrupt Practices Act (FCPA). Dmitrij Harder, a Russian national resident in the US who owned Chestnut Consulting Group Inc., pleaded guilty in 2016 to two counts of violating the FCPA. In return for US$3.5m in bribes to Ryjenko, one of Chestnut’s clients, won approval for an EBRD investment of US$85m and a €90m (US$100m) loan. Another client secured a US$40m EBRD investment and a US$60m convertible loan. Harder and Chestnut earned about US$8m in “success fees” from the EBRD’s approval of the two applications. Harder is scheduled to be sentenced on July 18, and he faces up to ten years in prison.
- Former U.S. Naval Attaché and Military Advisor to the U.S. Ambassador in the Philippines Sentenced for Taking Bribes in Massive Navy Corruption Scandal (exp. January 2018) A Retired US Navy Captain was sentenced in federal court to 41 months in prison for his role in a massive bribery and fraud scheme involving foreign defense contractor Leonard Glenn Francis and his firm, Singapore-based, Glenn Defense Marine Asia (GDMA). In addition to the 41-month prison sentence, US District Judge Janis L. Sammartino ordered Michael Brooks, 59, of Fairfax Station, Virginia, to pay a US$41,000 fine and US$31,000 in restitution to the U.S. Navy. Brooks pleaded guilty in November 2016 to one count of conspiracy to commit bribery. Brooks, who served as the US Naval Attaché at the U.S. Embassy in Manila, Philippines, from 2006 to 2008, had admitted to accepting bribes of travel and entertainment expenses, hotel rooms and the services of prostitutes. In return, Brooks admitted that he used his power and influence to benefit GDMA and Francis, including by securing quarterly clearances for GDMA vessels, which allowed GDMA vessels to transit into and out of the Philippines under the diplomatic imprimatur of the US Embassy. Neither GDMA nor any other defence contractor has ever been granted such unfettered clearances. Brooks admitted that he also allowed Francis to ghostwrite official US Navy documents and correspondence, which Brooks then submitted as his own. For example, Brooks admitted allowing GDMA to complete its own contractor performance evaluations. A November 2007 evaluation, drafted by GDMA and submitted by Brooks, described the company’s performance as “phenomenal”, “unsurpassed”, “exceptional” and “world class.” Brooks also admitted providing Francis with sensitive, internal US Navy information, including US Navy ship schedules and billing information belonging to a GDMA competitor, at times using a private Yahoo! e-mail account to mask his illicit acts. Twenty-one current and former Navy officials have been charged so far in the fraud and bribery investigation; 10 have pleaded guilty and 10 cases are pending. In addition, five GDMA executives and GDMA the corporation have pleaded guilty.
- Bombardier Employee charged in Sweden (exp. January 2018) Swedish prosecutors have stated that they will charge an employee of Canadian aircraft and train maker Bombardier on suspicion that he and several others at the company had bribed an Azerbaijani official to secure a contract worth around US$340 million. Prosecutors in March said a 37-year-old Russian man had been arrested on suspicion of bribery and that several Bombardier employees were suspected of colluding with Azerbaijani officials in a 2013 rail equipment deal. The Prosecutors said they had obtained evidence in the form of emails after a raid of Bombardier’s operations in Sweden last October. “He still denies the accusation,” Cristina Bergner, the unnamed arrested man’s lawyer, declining further comment.
- Bribery Conviction (exp. February 2018) The US Department of Justice (DOJ) has announced that Malcom Harris, 53, of New York City, the middleman in a foreign bribery scheme who falsely held himself out as an agent of a foreign official has been sentenced to 42 months in prison for each count, to run concurrently, for his role in a scheme to bribe a foreign official in the Middle East to land a real estate deal, and to defrauding his co-schemers. Harris pleaded guilty to one count of wire fraud and one count of money laundering on June 21. According to admissions made in connection with Harris’s plea, Harris participated in a corrupt scheme to pay bribes to a foreign official in a country in the Middle East in order to facilitate the sale by South Korean construction company Keangnam Enterprises Co., Ltd., (Keangnam) of a commercial building known as Landmark 72 in Hanoi, Vietnam, to the Middle Eastern country’s sovereign wealth fund. According to the indictment, the building sale was valued at $800 million, and purported bribe would total $2.5 million. In connection with his guilty plea, Harris admitted that, from on or about March 2013 to on or about March 2015, he wrongfully obtained $500,000 from his co-defendants by falsely holding himself out as an agent of a foreign official in text messages and emails. Harris admitted directing the $500,000 to be deposited into an account in the name of Muse Creative Consulting, but which Harris actually controlled. Thereafter, Harris used the illegally obtained money to engage in transactions exceeding $10,000, he admitted. Harris was charged in a December 2016 indictment along with co-defendants Joo Hyun Bahn, aka Dennis Bahn (Bahn), and Ban Ki Sang (Ban). According to the indictment, during this time, Ban was a senior executive at Keangnam, and allegedly convinced Keangnam to hire his son Bahn, who worked as a broker at a commercial real estate firm in Manhattan, to secure an investor for Landmark 72.
- Bribery Indictment (exp. February 2018) The US Department of Justice (DOJ) has announced that Joseph Baptiste, 64, of Fulton, Maryland, a retired US Army Colonel, has been charged in an indictment for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti. Baptiste was charged with one count of conspiracy to violate the Foreign Corrupt Practices Act and the Travel Act, one count of violating the Travel Act and one count of conspiracy to commit money laundering in an indictment filed in the District of Massachusetts. The indictment alleges that Baptiste solicited bribes from undercover FBI agents in Boston who posed as potential investors in connection with a proposed project to develop a port in the Moles Saint Nicolas area of Haiti. According to the indictment, the proposed project was expected to cost approximately $84 million, and was to involve the construction of a cement factory in its first phase. The indictment alleges that during a recorded meeting at a Boston-area hotel, Baptiste told the agents that he would funnel the payments to Haitian officials through a non-profit entity that he controlled — which was based in Maryland and purported to help impoverished residents of Haiti — in order to secure government approval of the project. The indictment further alleges that in telephone calls Baptiste discussed bribing an aide to a senior Haitian official by giving him a job on the port development project after he left his position. It further alleges that although Baptiste ultimately used for personal purposes approximately $50,000 that he received from the undercover agents for the payment of bribes to Haitian officials — money that was wired at Baptiste’s direction to a non-profit organization he controls — he intended to seek additional money from the undercover agents to use for future bribe payments in connection with the port project.
- Florida Businessman Pleads Guilty in Houston to Foreign Bribery Charges in Connection with Venezuelan Contract Scheme (exp. March 2018)A partial owner of several Florida-based energy companies pleaded guilty Wednesday to foreign bribery charges for his role in a scheme to corruptly secure contracts from Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA). Fernando Ardila Rueda (Ardila), of Miami, pleaded guilty on 11th October in a Houston federal court to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and one count of violating the FCPA. Sentencing is scheduled for 8th February 2018. According to admissions made in connection with his plea, Ardila conspired with US-based businessmen Abraham Jose Shiera Bastidas (Shiera) and Roberto Enrique Rincon Fernandez (Rincon) to pay bribes and other things of value to PDVSA purchasing analysts. The bribes were paid to ensure that Shiera’s and Rincon’s companies were placed on PDVSA bidding panels and in order to obtain or retain business with PDVSA. From 2008 through 2014, while he was sales director, manager and partial owner of several of Shiera’s companies, Ardila provided entertainment and offered bribes to PDVSA officials based on a percentage of the value of contracts the officials helped to award to Shiera’s companies. Including Ardila, the Justice Department has announced a total of 10 individuals have pleaded guilty and are pending sentencing as part of a larger, ongoing investigation by the US Government into bribery at PDVSA.
- Revised Guidance on Compliance with the UK Modern Slavery Act 2015 (exp. March 2018)The Government is renewing an initiative to encourage organisations to delve into their supply chains to identify the risks of modern slavery, and to report on these efforts in a comprehensive way. To that end, the Home Office has recently issued new guidance to clarify its expectations on the contents of the annual corporate statement on transparency in the supply chain, which is mandatory under the Modern Slavery Act 2015. This legislation requires companies to publish a transparency statement on their websites every year about the policies and measures the organization has implemented to ensure that slavery and human trafficking is not occurring within its supply chain and operations. It captures all commercial organizations with total global annual revenue of at least £36m that operate a business, or part of a business, in the UK. The new guidance carries examples of best practice and urges businesses to ensure they are conducting effective risk assessments, and recommends that firms incorporate human rights due diligence based on the UN Guiding Principles on Business and Human Rights. A copy of the Home Office’s guidance document can be found at: https://www.gov.uk/government/publications/transparency-in-supply-chains-a-practical-guide.
- CQI website
- CQI DIG website
- 70th DIQF Bulletin – June 2017
- 2016-18 DIQF Business Plan
- Counterfeit Avoidance Maturity Model (CAMM) V2 – Supporting the Defence Standard 05-135. For info only, for the last version please refer to the DStan website
- Nuclear Safety Directors Forum CFSI video
- Department of the Navy (DON) United States of America – Counterfeit Materiel Process Guidebook
- Micron NAND FLASH memory data retention issue caused by temperature
- QA17-025 Iwiss Electric Counterfeit Tools, QA17-025 Precise Tool Counterfeit Tools and QA17-025 Suspect Counterfeit M22520 MIL-Spec Crimp Tools_V2
Guide to Nadcap
Nadcap is the leading worldwide cooperative program of major companies designed to manage a cost-effective consensus approach to special processes & products and provide continual improvement within the aerospace & automotive industries.
Nadcap is a brand name for a global programme that is focused upon compliance to standards and continual improvement of special processes.
List of current Nadcap programmes is detailed below:
- Nondestructive Testing (NDT)
- Materials Testing (MTL)
- Heat Treating (HT)
- Coatings (CT)
- Chemical Processing (CP)
- Welding (WLD)
- Nonconventional Machining & Surface Enhancement (NMSE)
Systems & Products
- Sealants (SLT)
- Distributors (DIST)
- Aerospace Quality Systems (AQS) – AC7004
- Fluid Distribution Standards (FLU)
- Elastomer Seals (SEALS)
- Composites (COMP)
- Electronics (ETG)
- Fasteners (FAST)
NADCAP PROCESS FLOW
Performance Review Institute (PRI) contacts list
A list of contacts can be found on the PRI website. Click here
Nadcap Customer Support Initiative (NCSI)
NCSI is a free, web-based training program designed to walk suppliers through the Nadcap process. The training discusses everything from audit preparation to non-conformance responses, as well as the additional training tools provided by PRI. To be taken to the website click here.
Common Standards for Certification
The SC21 expectation is that all members will gain certification to AS/EN9100 (or applicable standard) and that this shall be flowed throughout the supply chain.
Certification to AS/EN9100 and Nadcap is increasingly becoming an international customer contractual requirement and is often used as a discriminator during supplier selection.
What is the AS/EN9100 Standard?
It specifies quality management system requirements for the aerospace & defence industry and is the model for quality in design, development, production, installation and servicing in the industry.
The highest quality and standards in production are of critical importance to the UK aerospace and defence supply chain. Certification and quality management audits have emerged as the methods of ensuring safety and reliability standards are met. A company supplying to more than one company could face numerous quality audits and checks to satisfy each customer, this results in unnecessary audit duplication. SC21 companies have agreed to cut the number of audits through the recognition of quality system certification based on international standards. UK supply chains that have achieved AS/EN 9100 and Nadcap approval for special processes where applicable, will not receive further quality system audits from customers who are part of SC21. Companies with AS/EN 9100 approval have experienced significantly reduced levels of auditing compared with those that have not achieved approval.
|The AS/EN 9100 standard was originally developed as the recommended quality system standard for aerospace by the International Aerospace Quality Group (IAQG), and is fully supported by all the major aerospace prime manufacturers world wide. To achieve this standard a company needs to obtain independent approval from an accredited third party certification body. These organisations are covered by an industry oversight programme administered in the UK by the SBAC, with experienced quality audit professionals from UK industry undertaking the oversight audits. The UK scheme is in turn subject to oversight as part of an international process directed by the IAQG. Companies formally registered to AS/EN 9100 are entered onto an international database, identified as the Online Aerospace Supplier Information System (OASIS), with more than 1000+ UK aerospace sites already registered.|
What is the Nadcap Standard?
|The internationally recognised Nadcap system of special process audits is the recommendation for special process assessment. A growing number of major primes are now requiring Nadcap approval(s), which is overseen by the Performance Research Institute (PRI), based in the US with an office in the UK, using experienced special process professionals. Processes covered by this approach include:Chemical Processing
Fluid Distribution Systems
Materials Testing Laboratory
Non Destructive Testing
Nonconventional Machining and Surface Enhancement
WeldingWith other special processes being progressively added
Guide to AS/EN9100
As an important part of the SC21 programme, quality is a critical performance area. The promotion of common industry standards is an important objective to focus on, one standard being quality system certification to AS/EN9100.
The AS/EN9100 standard includes ISO9001:2001 quality management system requirements and specifies additional requirements for the aerospace industry.
ADS’s expectation is that all SC21 members will gain certification to AS/EN9100 (or another industries equivalent standard) and that this shall be flowed throughout the supply chain.
Certification to AS/EN9100 is increasingly becoming a customer contractual requirement which is often used as a discriminator during supplier selection.
- Certification to AS/EN9100 (or equivalent) is recognised by customers
- Companies certified to AS/EN9100 will be entered onto the OASIS (online aerospace supplier information system) database which advertises capability to prospective customers enabling future business opportunities
- Enhanced sense of belonging to the fraternity of recognised quality suppliers
How to obtain certification to the AS9100 standard
- Obtain a copy of the standard from SAE International
- Undertake a quality management system ‘gap analysis’ between ISO9001 and AS/EN9100
- Initiate discussion with a UKAS (United Kingdom Accreditation Service) accredited aerospace certification body who will provide guidance as to the process to be followed
Prior to implementation, consider transition training, between the standards, for key member personnel (details of training providers can be obtained via the internet by searching on AS/EN9100).
Approved AS/EN9100 providers
Below is a list of providers approved by ADS’s Certification Body Management Committee, to find out more simply click on the name to link directly to their respective website:
- Bureau Veritas Quality International
- IMS International
- Lloyd’s Register Quality Assurance Ltd.
- Ascertiva: National Quality Assurance Ltd.
- SGS UK Ltd.
- United registrar of systems Ltd.
Approved AS/EN9100 training providers
ASCS ADS approved training organisations:
- TEC Transnational Ltd
- TPT Consultancy and Training
The links below provides further information on quality standards and systems: