On 2 August 2018, ENAV’s Board of Directors approved the “Code of Conduct for Combatting Corruption” (“Anti-Corruption Code”), which must be implemented by all Group companies.
The ENAV Group opposes and does not tolerate in any way acts of corruption, fraudulent behaviour and, more generally, illegal or irregular conduct, however committed, whether by or against its employees or third parties.
Following the best practices and recommendations of the main position papers (including the Confindustria Guidelines for the construction of organisation, management and control models pursuant to Legislative Decree 231/2001) and the ISO 37001 standard, ENAV has established its practices according to the CoSO Framework (Committee of Sponsoring Organisations), creating a risk management model based on the Internal Control and Risk Management System Guidelines approved by the Board of Directors, in line with Borsa Italiana’s Corporate Governance Code.
The establishment of an effective anti-corruption model, part of the Group’s programme involving the Supervisory Body and the Whistleblowing & Fraud Audit sector, specifically regards:
- the periodic risk assessment to identify areas where the risk of corruption could most significantly arise;
- the establishment of regulations and procedures for those areas most exposed to the risk of corruption;
- the establishment of first- and second-level anti-corruption controls;
- the development of training programmes for employees on preventing and combatting corruption;
- the implementation of a reporting system (whistleblowing) and a process for investigating reports;
- periodic reporting to upper management concerning areas at risk, the status of policies and procedures, the results of anti-corruption controls performed, reports received and investigations made.
The internal departments conduct a periodic risk assessment incorporating internal and external analysis. They are also regularly updated to identify the necessary actions to strengthen the internal control and risk management system, with particular reference to procedures and organisational safeguard.
As for regulation, on 16 March 2017, the ENAV Board of Directors updated the Group’s Code of Ethics and the Organisation. Management and Control Model pursuant to Legislative Decree 231/2001 (“Model 231”).
Subsequently the Techno Sky Board of Directors also updated its Model 231 and adopted the Group’s Code of Ethics.
In addition, on 2 August 2018, ENAV’s Board of Directors approved the “Code of Conduct for Combatting Corruption” (“Anti-Corruption Code”), which must be implemented by all Group companies. This code adds to a well-developed body of internal rules consisting of policies, procedures, guidelines and regulations that internal regulatory corpus consisting of policies, procedures, guidelines and regulations that regulate in more detail the individual areas of reference and with which staff must comply.
With regard to the adoption of specific regulations for the main processes to combat corruption, during the year the Group approved the policy to combat corruption in the case of brokerage contracts and the Group regulation for the management of gifts and hospitality.
There was also great emphasis on classroom training in the area of anticorruption with focus on topics such as: regulatory developments, the principles on which the need to combat corruption is based, the results of the Transparency International report, several case studies and the representation of corrupt practices through the analysis of domestic and international court decisions.
Furthermore, ENAV published a report specifically on anti-corruption topics in the in-house magazine, Cleared, available to all Group employees. It also published the new Anti-Corruption Code on its website.
Finally, even persons less exposed to anti-corruption matters were given explanatory material on the issue.
A number of activities were carried out in connection with monitoring and managing reports. In particular, the verification plans of the Supervisory Bodies (of ENAV and Techno Sky), which use the Internal Audit Department to conduct their investigations, and the Internal Audit Department’s multi-year plan, call for examining corruption from a variety of viewpoints in the context of the processes subject to verification. The Group has also established two other safeguards: a communication channel for whistleblowing and a channel for the receipt of information flows of the Supervisory Body. As for the first channel,in 2018 the Group implemented a computerised system for reporting illegal acts that guarantees the anonymity of the reporter and complies with new legislative requirements (Law No. 179/2017).
Along with implementing this system, the Group issued its Whistleblowing Regulation which identifies the persons who can “whistleblow”, defines the scope of behaviours; explains the events or actions that could be subject to whistleblowing; sets out the principles and general rules for the “whistleblowing process”, including protection of the reporter and the reported party.
The reports received through these channels were evaluated by the competent structures and those deemed significant underwent further investigation via auditing in addition to the steps envisaged in the plan.
During the year the Group did not uncover situations of fraud or corruption.
Finally, the Model 231 envisages specific periodic information flows to the Board of Directors, the Control, Risks and Related Parties Committee and the Board of Auditors, integrated with the safeguards guaranteed by the Supervisory Body and the Internal Audit Department. These flows, defined on a periodic basis, include the work plans of the Supervisory Body and the Internal Audit Department, as well as a summary of the results of the activities carried out, and a detailed summary of the reports received and the remedial actions undertaken. In addition to these flows, ENAV has established specific coordination procedures for the internal player, such as, for example, the Risk Manager, the Financial Reporting Officer responsible for drafting the company’s accounting documents, the heads of the Security Department and Internal Audit to ensure, in accordance with their roles, timely information about how to manage the risks and their recovery plans.
IN 2018 100% OF THE ENAV GROUP PROCESS WERE ASSESSED WITH REGARD TO THE RISKS ASSOCIATED WITH CORRUPTION
Through classroom training and e-learning training modules, the Group was also to offer its employees 5,030 hours of training on anti-corruption topics, reaching over 3,600 persons, including executives, middle managers and office staff.
During the year 12 directors (9 from ENAV S.p.A.’s Board and 3 from Techno Sky’s board) underwent anticorruption training, as did the CEO of ENAV Asia Pacific.