August 12, 2011

Facilitation Payments – Combating bribery in the frontline by Michelle Witton (www.mwethics.com)

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FACILITATION PAYMENTS
– Combating bribery in the front line

Michelle Witton ( www.mwethics.com ) is a Lawyer and Corporate Ethics & Compliance Consultant, specializing in advising mining companies on Bribery Act 2010 and Competition Law Compliance. Former clients include Anglo American plc. Michelle can be contacted by mail@mwethics.com or on 0044 7950 932070

Facilitation payments are exempted as bribes from US’s Foreign Corrupt Practices Act (FCPA). However, under UK’s Bribery Act 2010 they are illegal. Though UK companies and organisations operating in the US have been required to have anti-bribery compliance in place since 1977, the UK Act’s stance on facilitation payments is new for UK companies and is an aspect of the Act about which businesses have many questions, on the eve of the Act’s introduction on the 1st July, 2011. This article outlines the Serious Fraud Office’s approach to facilitation payments post 1st July 2011 and surveys practical approaches which can be adopted by companies to combat facilitation payments.
Facilitation payments are unofficial payments made to public officials to secure or expedite the performance of a routine or necessary action – to which they are legally entitled. They are sometimes referred to as ‘speed’ or ‘grease’ payments. Situations in which facilitation payments may be demanded are for the issuing of visas, the speedy passage of goods through Customs and the connection of gas, electricity and water services.

Between a rock and a hard place
Facilitation payments are part of the daily reality of “doing business” in many countries, particularly those in the developing world. They represent a ‘second economy’. Getting perishable goods through Customs if often contingent on paying facilitation payments. UK companies are between “ a rock and hard place” faced with the business reality of having to pay facilitation payments and the new UK Bribery Act – for which there is no upper limit for fines for the Corporate Offence of “failing to prevent bribery”. How can these realities be reconciled?
The Government realises the significant challenges to business in combating and eradicating facilitation payments. Its March 2011 Guidance to the Act acknowledges,
“ The Government does, however, recognise the problems that commercial organisations face in some parts of the world and in certain sectors. The eradication of facilitation payments is recognised at the national and international level as a long term objective that will require economic and social progress and sustained commitment to the rule of law in those parts of the world where the problem is most prevalent. It will also require collaboration between international bodies, governments, the anti-bribery lobby, business representative bodies and sectoral organisations. Businesses themselves also have a role to play….through the selection of bribery prevention procedures…”

The Serious Fraud Office’s response
Prosecution under the Bribery Act 2010 is the domain of the Serious Fraud Office and the Director of Public Prosecutions. In prosecuting cases of facilitation payments, as other cases of bribery, prosecutors must satisfy two tests:
1. Whether there is enough evidence to secure a conviction
2. Whether prosecution is in the public interest.
The law firm, Pinsent Masons, has sought clarity from the SFO about the SFO’s approach to facilitation payments post 1st July 2011. The firm recently published an Advisory Note on the SFO’s response. It appears at http://thebriberyact.com/2011/06/21/facilitation-payments-sfo-endorse-sfo-thebriberyact.com-six-step-solution/ Richard Alderman, the Director of the SFO, has said,
“…I do not expect facilitation payments to end the moment the Bribery Act comes into force. What I do expect though is for corporate who do not yet have a zero tolerance approach to these payments, to commit themselves to such an approach and to work on how to eliminate these payments over a period of time.
I have also said that these corporate should come and talk to the SFO about these issues so that we can understand that their commitment is real. This also gives the corporate the opportunity to talk to us about the problems that they face in carrying on business in the areas in which they trade. It is important for us to know this in order to discuss with the corporate what is a sensible process.”

The Six Step Approach
The SFO have advised that, following the 1st July, when considering the activities of a company which continues to make small facilitation payments, the SFO look to see the following:
1. Whether the company has a clear issued policy on facilitation payments,
2. Whether written guidance is available to relevant employees as to the procedure they should follow when they are asked to make such payments,
3. Whether such procedures are being followed by employees,
4. If there is evidence that all such payments are being recorded by the company,
5. If there is evidence that proper action (collective or otherwise) is being taken to inform the appropriate authorities in the countries concerned that such payments are being demanded,
6. Whether the company is taking what practical steps it can to curtail the making of such payments.
If the answers to these questions are satisfactory, then the corporate should be shielded from prosecution.

Duress
Further, the March 2011 Government Guidance says, “it is recognised that there are circumstances in which individuals are left with no alternative but to make payments in order to prevent against loss of life, limb or liberty. The common law defence of duress is very likely to be available in such circumstances.” Duress is actual or threatened violence or imprisonment to force a person to do something against their will.

A company’s Anti-corruption Policy should advise employees not to pay facilitation payments. However, the safety and well-being of employees should be paramount to a company. The Policy should further advise that if payments are demanded in circumstances of duress where employees feel that their safety or liberty is threatened, they should make the payment and immediately report it to their Line Manager. The Guidance supports that facilitation payments made under duress will be availed the common law defence of duress.

Recording and reporting on facilitation payments
Facilitation payments should, if paid, be:
- Reported immediately to the Line Manager
- Recorded as facilitation payments( guarding against allegations of concealment)
- Each the subject of an individual report setting out:
i. the circumstances in which the payment took place (date, time, country, office )
ii. those involved in the interaction
iii. whether there was duress and its nature
iv. alternative steps to payment that were attempted
v. the sum paid
vi. to whom the payment was reported and when
vii. remedial steps which might be taken, for example, approaching foreign National or regional government to highlight instances of demands for facilitation payments or further training for employees.

Although initial instincts may be not to record facilitation payments or to enter them under a less specific heading, companies should facilitation payments “by their name” in order to:
- demonstrate to the SFO best endeavours in combating facilitation payments,
- guard against allegations of concealment and mis-reporting and
- be able to accurately record and respond to the incidence of payments.

Writing a report on each payment demonstrates a company’s commitment to concertedly and systematically working towards their elimination. Analysis may identify trend – whether facilitation payments are routinely demanded by particular offices and/or individuals. This information can then be the subject of approaches to foreign governments to highlight the reoccurring issue.

Combating facilitation payments
1. Closing down opportunity
Demands for facilitation payments are routinely conveyed in face-to-face communications. Therefore, an approach to circumventing demands for facilitation payments is analysing how technology or other approaches can be used to “stand in the space” currently inhabited by face-to-face communication – how the opportunity for their request can be closed down.
Communicating at arms-length it will lessen the likelihood of facilitation payments being requested. Businesses should examine whether there are other means of transacting their business – with more senior, different personnel and transferring a greater degree of business to online interactions – rather than personal interactions.
Facilitation payments may remain a challenge for personnel and goods passing through Customs. However, due to heightened concerns over airport security, more and more technologically advanced measures are being introduced for the passage and screening of people and goods through airports. This may “stand in the space” between Customs Officials and passengers passing and increasingly close down the opportunity for demands of facilitation payments.

2. Pre-planning
Pre-planning is another approach to closing down opportunity. Increasingly, companies working in countries where demands for facilitation payments are prevalent factor the likely demand and delays to the release of goods following its refusal into their project planning. Heavy machinery and piping is sent forward months in advance of need. Its “stock-piling” in ports, if facilitation payments are demanded and refused, creates logistical difficulties for ports and Customs such that the need for space and to be rid of the goods exceeds the need for the facilitation payment.

3. Training in effective communication and responding to demands for payments
Again, because requests for facilitation payments routinely arise in face-to-face communications it is important to consider how equipping employees with more effective inter-personal communication skills and specific responses to facilitation payments may assist.
Demands for facilitation payments understandably cause employees to feel awkward, shocked and vulnerable. Responding effectively to requests for facilitation payments is an important topic which should be covered in Anti-bribery Training, preferably through discussion, scenarios and role play. If employees receive requests for facilitation payments in the future, they will be able to draw on their experience of role play in training to respond more confidently and effectively.
It is one of the most impactful aspects of Anti-bribery Training, that employees share their front-line experiences of demands for facilitation payments and responses that were effective. Responses to requests for facilitation payments may include:
• Explaining to the officer requesting the payment that it is against UK law and the company’s policy to make facilitation payments
• Showing the officer a wallet card setting out UK law and the company’s policy on facilitation payments
• Requesting to speak to the officer’s manager / senior staff
• Contacting the company’s Legal Team that to speak with officer
• Raising with the officer the importance of the company’s business to their country’s economy and its health and education corporate social responsibility initiative projects.
In combating facilitation payments companies must ensure that their processes are in alignment with the Government’s “Adequate Procedures” Guidance and the SFO’s recently advised Six Step Approach. In acting on their commitment to oppose facilitation payments companies must also consider the role of recording and analysing payments made, pre-planning, introducing technology to put a greater number of transactions at arms-length transactions and training employees in effectively responding to demands for payments.

 

May 25, 2011

Bribery Act 2010 – what does it mean for juniors?

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BRIBERY ACT 2010 – What does it mean for juniors?

A “Red Letter Date” in any UK legal and management diary is 1st July 2010 – when the UK Bribery Act 2010 comes into force. Given recent media attention, the Act and its implications for UK businesses will be news to few. However, to mention the headline implications for UK companies  – the Act applies to all businesses registered and doing business in the UK; there is no upper limit on fines for companies found convicted of the corporate offence of failure to prevent corruption and the only defence for companies is to demonstrate to the court that they have in place “Adequate Procedures” to prevent corruption.

The “Adequate Procedures” have been generally described as including a statement of zero tolerance of corruption by management; an anti-corruption policy, anti-corruption training, Helpline availability and auditing and monitoring procedures. Implementing such procedures may present no difficulty for well-resourced companies but what does “Adequate Procedures” look like for small to medium-sized enterprises (SWEs) working in high corruption-risk countries, such as junior mining companies?

The most recent guidance on the Act published on 30th March 2011, repeatedly emphasises that the measures implemented by SMEs should be “proportionate” and that, in the words of State Secretary for Justice, Kenneth Clarke, “combating the risks of bribery is largely about common sense, not burdensome procedures”. The guidance fully acknowledges that for application of the 6 anti-bribery principles set out in the guidance is likely to be different for SMEs than multinationals. Common ground across companies however is that they should adopt a risk-based approach to managing bribery risks, specific to their circumstances.

The guidance does not have statutory authority but must be regarded by the two bodies which have the power to bring prosecutions under the Act – the Serious Fraud Office (SFO) and the Department of Public Prosecutions (DPP).

In responding to the Act’s introduction, juniors must realise that Bribery Act 2010 compliance is primarily a practical matter of implementing policies and processes. A number of the “Adequate Procedures” measures are straight-forward and easily able to be implemented. The world’s leading anti-corruption NGO, Transparency International, and The United Nations Global Compact (UNGC) have developed tools specifically to assist SMEs with anti-bribery compliance. It is important that juniors take a timely, responsible, proactive attitude to the Act and its introduction and are able to demonstrate that they have done so to the court.

  1. A responsible response and Board statement

The company’s Board should receive a presentation on the Act from its legal or policy advisers, discuss the Act’s implications for the company and the steps it will take. These may include delegating authority for the implementation of procedures to staff, legal counsel or engaging short term consultancy. However, the guidance says that it does not intend Bribery Act 2010 compliance to be burdensome for SMEs. Transparency International (www.transparency.org) has published a step-based, practical tools to assist SMEs to implement anti-bribery measures.

The Board should make a statement on zero tolerance of corruption. The statement should be published internally to offices and operations and externally and reproduced in the company’s Code of Conduct and Anti-corruption Policy.

2. Gap analysis

The company should assess the policies and procedures it already has in place to forestall anti-corruption, as a basis for the further measures it needs to systematically implement.

3. Risk analysis

Risk analysis should be periodic, informed and documented. Risks, especially in the mining industry, change over time given such considerations as government stability and cultural attitudes to corruption in countries where mining companies operate. A junior should assess the nature and extent of its exposure to potential internal and external risks of bribery. The guidance sets out examples of the risks that should be considered:

i. Country risk – perceived levels of corruption reflected by indicators such as Transparency International’s annual Corruption Perceptions Index (CPI).

ii. Sectoral risk – what are the risks specific to the mining industry?

iii. Transaction risk – certain types of transactions such as charitable and political contributions, licences and permits give rise to higher levels of risk.

iv. Business opportunity risk – higher value projects or those involving many contractors or intermediaries indicate higher potential risk.

v. Business partnership risk – relationships involving intermediaries, consortia, joint venture partners, politically exposed persons and  foreign public officials entail high potential exposure to risk.

vi. Procedural risk – to what extent may internal structures or procedures forestall risk?  There may be deficiencies in employee anti-corruption or general training, skills and knowledge; lack of policy or clarity in policy on key areas and lack of a strong, public top level commitment to anti-corruption.

4. Code of Conduct

The company may already have a Corporate Code of Conduct. This should be revised to include the statement of zero tolerance of corruption.

5. Anti-corruption Policy

An anti-corruption policy need not be extensive. What is just as important as its content is that the policy is practical, accessible to employees – across office and mine site operations, implemented and widely published and distributed. The policy should be augmented by communications materials underpinning key aspects of the policy. The Policy should contain statements on the following key areas:

-       Bribery

-       Gifts and hospitality

-       Facilitation payments

-       Conflicts of interest

-       Use of company assets

-       Use of intermediaries

-       Relations with foreign public officials.

6.    Due Diligence

Due diligence undertaken on renewing current and undertaking new projects and contractual relationships should also be proportional and risk-based. Due diligence should already be part of good corporate governance, though may need to be augmented by enquiries related to corruption-risk. The due diligence research may be internet based, augmented by specific enquiries appropriate to the sector and country and require the prospective intermediary or project partner to provide information and documentation in response to a questionnaire.  For example, providing examples of their own Code and Anti-corruption statements/policy.

Under the Act, a company’s employees  are presumed persons ‘associated’ with the organisation. Therefore, companies may wish to incorporate ethics-based questions and due diligence into their recruitment and human resources procedures and  ensure that all new employees receive training on the company’s anti-corruption policy on joining the company.

7. Anti-corruption training and communications

Internal communications should convey zero tolerance of corruption by management and provide a system for employees to ask questions or report concerns. Training of employees should be proportionate to risk. It might entail a general presentation on the anti-corruption policy to the majority of employees and specifically focussed training for middle and senior management on aspects of wider corruption-exposure – such as intermediaries and dealing with foreign public officials. There may be particular cultural aspects and attitudes regarding corruption of which employees should be aware, depending where the company operates. It will be important for a company to demonstrate that training was received by employees and refresher training provided at appropriate intervals by keeping careful records of training.

8. Monitoring and review

Anti-corruption is a dynamic field and companies must remain vigilant and responsive to new risks which may arise where and with whom they work. A company should institute a protocol for periodic review of its anti-corruption policy, training, recording and reporting. It might seek some form or external verification of its anti-bribery procedures or apply for certified compliance with an independently verified industry anti-bribery standard.

Foremost will be for juniors to be informed of the Bribery Act 2010 and take responsible, proportionate measures to implement risk-based anti-bribery compliance.

Michelle Witton is an Ethics & Compliance Consultant and lawyer, who has implemented anti-corruption compliance for Anglo American plc and AstraZeneca. Michelle can be contacted at www.mwethics.com (under construction) or 07950 932070.

 

May 24, 2011

Being the brilliant interviewee!

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  1. Prepare carefully. Research the company and the interviewers. Weave this knowledge subtly into the conversation. Try to interview at a time of day when you feel at your best and ensure that you have had a chance to take a rest from the day job beforehand. You must not seem rushed or exhausted
  2. Smile occasionally and appropriately (even if you are only on the phone) – it makes a huge difference
  3. ALWAYS talk about your previous employers positively. If they were crooks, you don’t have to call them that – understating the point and moving on is more powerful and expressive ‘I enjoyed the experience a great deal, however I felt that I had more to offer a business which prized integrity more highly’!
  4. If you are on a video conference, when speaking, look into the camera (make sure you know where it is!) and glance occasionally at your audience for your cues – it is much more engaging to attempt eye contact. Gesture and move normally, as long as you don’t move around in the frame excessively – animation is good. Think about your background (visually) and ensure there is no background noise. Remember mechanical noises particularly are amplified by AV equipment, so the washing machine quietly doing its spin cycle three rooms away may be deafening to your interviewer!
  5. Have your essentials documented simply and clearly – refer back to them when the opportunity arises
  6. Don’t shoe-horn points you want to make into parts of the conversation which are out of context, cover as a separate point, or AOB
  7. If you have something you are not proud of on your CV, find an opportunity to put it into a favourable context without highlighting it unduly. Don’t wait for the killer question!
  8. Everyone thinks they are body language experts – they are often wrong, so be positive and upbeat throughout and don’t second guess the outcome
  9. Don’t use ‘in house’ or cliquey language – it excludes others and makes you sound institutionalised
  10. Have a copy of your CV handy in case it is referred to and points need clarifying – if your CV has been reformatted by a recruitment business, make sure you have a copy of that as well, there may be mistakes
  11. Avoid using negative words. Practise talking about things you don’t like in a positive way
  12. Be clear on what are essentials or deal-breakers, but be open on the rest, you will be surprised what options evolve as a result
  13. Try to avoid referring to money face to face, but if an interviewer presses the point, be clear on your key (researched) figure or more broadly i.e. ‘I want to be valued on par with the market and other members of the senior management team’. Use you recruitment agency referrer as an intermediary if there is one
  14. In interviews, try to put your opposite number at ease, you will find out much more; show respect and be polite. Never interrupt or argue but be assertive – you are entitled to politely and gently but firmly make your point
  15. Take your time to think – interviewers appreciate you respecting the question rather than ‘shooting from the hip’. Make sure you have understood any points raised (ask if necessary), without doing so repeatedly, which can be seen as a clumsy way to play for time
  16. Make your point pleasantly and expressively – then STOP TALKING – silences are an easy trap to make you start waffling. If a silence is very long, ask if your interviewer would like you to elaborate or clarify any point you have made
  17. Use examples to illustrate your points and where permissible, figures
  18. Always respect confidentiality agreements and implied confidentiality. Gossips are useful but unpopular
  19. Understand the dress code, even for video conferences. If there isn’t one, err on the side of caution (more formal)
  20. It is critically important to RESERVE JUDGEMENT and properly evidence any opinions you develop
 

March 22, 2011

Super cycle or super-charged?

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Cambridge House’s January conference in Vancouver in a new venue (the new and very large conference centre extension) – would it be parked in a small corner of the facility, embarrassingly tucked away? Not a bit of it. The conference was thronged with personal investors on the first day (Sunday) and hugely well attended throughout. Many reflected on the healthy cooling off of the gold price to a little over $1,200, but that has also since bounded upwards again, fuelled by depreciating major currencies and defensive buying of gold.

The bankers were out on force for Indaba, too, with brokers’ notes maligning new kids on the block who arrived with sharpened pencils and open cheque books come to take advantage of the popularity of commodity stocks. Partying in Cape Town was intensive too, with many taxing evening itineraries for most company executives. Toronto was no different, again record numbers to PDAC and the familiar jam-packed escalators into the bowels of the conference centre to partake of the feast.

Comments abounded of the lack of skills available, the momentary shortage of engineering skills and the perennial scarcity of geologists which is already increased in intensity. But let me reassure you, dear reader, that there are always the right people for the right job and it is not always necessary to pillage the competition to achieve such feats……. and yes, you do need the right partner to find them, so look no further!

Frothy or on the start of the next super-cycle? Time will tell……..

 

December 4, 2010

LOTS of London conferences – a summary

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The silly season has started again with back to back conferences in London to celebrate uncharacteristically cold English weather for this time of year. The Canadians may laugh but averaging -5°C is cold!

The Investing in Africa conference by MineAfrica clashed with Australia Day but was nonetheless extremely well attended despite the travel disruptions caused by the weather. The outlook was considered to be excellent, with some superb prospects in some emerging provinces, with Eritrea represented strongly with speakers of ministerial rank at the conference.

The assembly was honest about the challenges, with continuing difficulty for foreign investors in Zimbabwe and South Africa featuring less than usual because of commercial and political challenges – however, the delegates at Australia Day probably said the same of the recently blunted federal super-tax from Canberra.

There were some illuminating presentations not only from some excellent resource companies, but markedly from TMX, who highlighted their bullishness and their marked competitive successes over the last year or so; the UK Bribery Act and its equivalents threw up some interesting and heated discussions, with interesting country corruption ratings scales aired.

Mines & Money was the busiest for several years, with Canadian and Australian companies leading the charge with some great stories and distinctly bullish sentiment – their UK based colleagues were carried on a tide of optimism. The level of development and renewed exploration is already highlighting intense shortages of expertise – exploration geologists are particularly in demand with experienced mine developers closely following on the shopping lists. Watch this space for soaring salaries, particularly in the mining hotspots and compensation to offer the most sympathetic non-financial incentives! Overall some great business done, even better sentiment and collectively optimistic for 2011 – but ready for a holiday after 2010!

The third London conference of the week was Canada Day, which again was affected by the weather but reiterated the bullishness of the Canadian companies and the positive support given by the TSX investors for endeavours all over the world. Some juniors have demonstrated massive resilience and magical timing, pulling great prospects out of the bag to catch the market upturn.

Best wishes to one and all for a safe journey home, a restful Christmas and a fantastic 2011 – and to all those that brought that breath of great sentiment from abroad into London this week… you hum it, we’ll sing it.

 

November 28, 2010

Talent mapping – an overview

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Talent mapping is thought of as being one in the same (in the context of a single role) as the candidate identification and initial contact stages of an executive search (head hunting) assignment.

Your talent map is the identification of a group of individuals for one or more specific (normally key) roles in the business; there are always multiple options for each role and therefore it is important to identify  a large quantity of good quality candidates as well as the means to quickly communicate with them once the need arises if there is no immediate need.

It firstly requires a business to understand how to measure and define (generically and role specifically) what a good prospective employee is.  It then seeks to understand where the best talent is working.  It establishes which businesses tend to have the best individuals and what working conditions and remuneration attract them to those businesses and keep them there.

In some cases the individuals who are identified as prospective employees by this process are kept in contact with on a speculative long-term basis, in other cases the person exists as a referral from a third party or from desk research which the company does not act upon by contacting the individual.

This means that the business has a talent pipeline and therefore the basis to build their succession plan whatever its future demands, whether through significant growth or organisational change.

Talent mapping has the following peripheral benefits:

  • Organisations that talent map are proactively managing their reputation as employers in the market – this improves reputation and provides excellent responsive feedback
  • It seeks to understand what the industry’s top quartile is and its relationship to the business’s measurement of what is the best (they may not be the same)
  • It is a great snapshot of competitor and market activityIt benchmarks compensation and benefits packages
  • It encourages all employees to keep a ‘watching brief’ for future employeesIt makes sure that the company is clear on its message regarding prospective employees and because that message is being used and therefore being tested constantly, it remains under open review by the company
  • The company and its employees are proactive in communicating that messageIt is able to act decisively and quickly when a need arises

Before you consider a talent mapping exercise consider:

  • It is indeed a specialist task to undertake talent mapping and many companies do outsource to search companies.  However, it should not be underestimated that talent mapping is a desk research and initial contact exercise and much of the hard work is undertaken after the talent mapping is done, i.e. the proactive contact of all likely candidates to attract them together on a timely basis to a series of interviews with the business.
  • This is proactive reputation management – a poor message or one that is portrayed inconsistently by executives using it can have very damaging effects
  • The logistics, administrative backup and tone of communications must match the overall message
 

November 26, 2010

Women in Mining at Mines and Money

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The representation of women in mining and exploration is among the lowest in primary industry categories, yet as forecasts point to a re-emergence of skill shortages within the next decade, attracting and retaining women is one of the keys to sustainable growth in the mineral sector. The UK network of Women in Mining (WIM) aims to support this evolution by promoting the employment, retention and professional development of women in the mining sector.

Founded in 2006, the network has grown to more than five hundred members today, representing a variety of mining-related businesses and professions. Membership is free and open to all women in the mining industry wherever they work, though the majority of members are based in the United Kingdom or continental Europe. Women in Mining publishes a monthly newsletter and organises networking drinks and speaker seminars on mining or career-related topics. It also coordinates with women’s organisations and universities to promote mining as a career choice and participates in industry events to promote the important and positive role of women within the mineral sector. The organisation is currently sponsored by Anglo American plc and seeking additional sponsorship to achieve its objectives and continue to grow.

Women in Mining will have a stand at Mines and Money London 2010, where it will launch its new website and take this opportunity to connect with industry participants and celebrate its recent achievements by hosting a Champagne Reception.  For more information or to become a member, please visit the website.

 

October 29, 2010

Fabulous Finex!

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Finex 2010 was a financing mining exploration conference held at the Royal Geological Society in London. It was organised under the chairmanship of Dr. Bob Foster of Stratex, who set the tone early with an upbeat and good humoured introduction which was replicated throughout the two day conference.

The great and the good were all there with academics, eminent brokers, economists and financiers presenting a collectively rounded programme which occupied all topics eloquently, objectively and completely. The rules disallowed blatant promoting (there were a range of sponsors and a small fee for entry), which further enhanced the speaking standard.

There were many cautionary tales and success stories from commodities to jurisdictions – Bob and his team deserve the highest praise for putting together a great conference. By the way, the mining schools were on hand with undergraduate exploration geologists looking for summer placements, feel free to respond to this with a comment if you are interested or get in touch with the schools direct.

Check out the “who’s who” of speakers:

  • Dr Adrian Boyce – Manager, NERC Isotope Community Support Facility, Scottish Universities Environmental Research Centre
  • Bill Scotting – Exec VP, Head of Strategy, ArcelorMittal
  • Dr Bob Foster – CEO, Stratex International plc
  • Cedric Chehab – Head of Commodities Research & Strategy, Business Monitor International
  • Charles Gibson – Sector Head, Mining Research, Edison Investment Research Ltd
  • Charles Kernot – Director, Metals & Mining, Evolution Securities Ltd
  • Dr Charlie Moon – Programme Leader, MSc Mining Geology, Camborne School of Mines
  • Chris Watling – CEO & Chief Markets Strategist, Longview Economics
  • Dr Chris Hinde – Editorial Director, Mining Journal, Aspermont UK
  • Christopher Hall – Mining Consultant, Grant Thornton
  • Claire Dorrian – Senior Manager, Product Management, AIM
  • Dr Clive Hallett – Principal, CRT Minerals; Project Manager, MIRO (Minerals Industry Research Organization)g
  • Dr Duncan Large – Consulting Geologist
  • Fergus Anckorn – Technical Director, AMEC Earth and Environmental (UK) Ltd
  • Gabriel Didham – MD, Objective Capital Research Ltd
  • Graham Brown – Group Head, Geoscience & Exploration, Anglo American
  • Dr Hazel Pritchard – Director, Exploration & Resources BSc, Cardiff University
  • Hugo de Salis – Principal, St Brides Media & Finance Ltd
  • Prof. John Ludden – Director, British Geological Survey
  • John Meyer – Head of Resources, Fairfax ISL plc
  • Prof. Laurence Robb – Univ. Oxford; Director, Savannah Gold Ltd
  • Liv Carroll – Senior Business Analyst, Gemcom Software International Inc.
  • Michael Lynch-Bell – Partner, Global Mining & Metals, Ernst & Young
  • Prof. Neil Phillips – Univ. Melbourne; Phillipsgold Pty Ltd (SIR JULIUS WERNHER MEMORIAL LECTURE)
  • Nigel Jackson – Chairman, CBI Minerals Group
  • Paul Dewison– Research Manager, Bloomsbury Mineral Economics
  • Phillip Crowson – Hon. Prof., Univ. Dundee; former Director, London Metal Exchange
  • Richard Chase – Managing Director, Ambrian Partners
  • Roger Goodwin – President & Group Finance Director, Griffin Mining Ltd
  • Dr Sacha Backes – Investment Officer, Oil, Gas, Mining, & Chemicals, International Finance Corporation
  • Dr Stephen Henley – Deputy Chairman, PERC (Pan-European Reserves & Resources Reporting Committee); MD, Resources Computing International Ltd
  • Tanya Costello – Associate Director, Control Risks
  • Dr Tim Williams – Director, Global Mining and Metals, Ernst & Young
 

October 6, 2010

Context for a great recruiting process

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The company must recognise that the recruitment process is a partnership with the head-hunter and opening a shop window to the company; therefore:

1. Be clear internally on what attributes are essential – but be open minded as to the rest, you will be surprised what options may present themselves as a result

2. The company should consider its reputation for professionalism (whether that be current or aspirational) which it will be communicating by its choices and actions in structuring the process, therefore:

· Carefully consider its choice of recruitment partner (and be prepared to be assessed by them for ‘fit’); with this in mind, be informed by them as to what your ‘needs’ might be, as distinct from your stated ‘wants’

· Strongly consider awarding exclusivity to a single recruitment partner for senior roles to ensure there is no unseemly behaviour in a rush for results. No everyone in the sector is an angel

· It is critical that trust is established from the start and maintained with all parties. Information should be shared with clarity but with consideration to legal and moral confidentiality

· Carefully consider what steps are appropriate and necessary for a full and incisive process including interviewers, interview stages and manner of assessment. Remember economy of effort – there is no merit in prolonging for the sake of it, if you feel inclined to do so, it may be that you need to examine weak points in the process

· Ensure that there are no conflicts of interest i.e. incumbents or managers who may favour a choice incompatible with the company’s goals

· Interviewers should be trained – your recruitment partner will normally provide this service gratis

· Conduct interviews brilliantly

· All measurements, tests, techniques and interviewers should be appropriate to the level of candidate to be interviewed and the role to be interviewed for

· Be clear in writing what interview expenses will be covered by the company and ensure that this is circulated to each candidate

3. There should be a clearly identified client lead (they must be empowered and motivated to make decisions) to deal with the head-hunter, preferably the recruiting manager

4. The company should consider clarity and openness to be key reputation management issues. It should therefore:

· Clearly definite process timescales; make best efforts to keep to them; let all process stakeholders know as soon as it is clear that it is not possible to keep to them. Clearly define the process, filtering tools, measurements and feedback; let people know what they are committing to

· Have some clearly stated skills and behavioural attributes which you are seeking and share them with your candidates so they know what you are looking for and can provide appropriate evidence – guessing and surprises are for children’s birthday parties

· Be scrupulously and conspicuously fair

5. It is always useful to have an administrator, like a PA, as an administrative liaison for interview slots etc, with access to all the client interviewers’ diaries – and the mandate to commit the time!

6. Unsuccessful candidates should have feedback given to them verbally by an individual of appropriate seniority and involvement to discuss in detail – that may be a commercial manager or recruitment partner

7. Always thank a candidate for investing their time

8. Don’t relax when an offer has been made; consider and cover off: buy-backs from current employers; alternative offers a candidate has received; remember to induct properly and consistently with the recruitment process, ensuring that your senior new starter has appropriate communications, IT, office equipment and briefing without having to ask

9. There should always be follow ups as part of the recruitment process to at least six months after the start date by the company and its recruitment partner to resolve teething issues

 

September 6, 2010

People for projects? A bespoke solution

Posted by Webmaster under Board development, global economy, Project development | Tags: , , , , , , |
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If you are an individual with access to an excellent project or commercial opportunity, perhaps we can help. For several months, we have been looking at project ideas in their infancy, sometimes even with only one individual driving the establishment of the business.

We have contacts all over the world which we indeed use typically to fill conventional search assignments. However, for such projects we are very happy to work with a project initiating individual or team to ‘wrap around’ a balanced board and senior management (when the timing is appropriate) which will be able to assess and promote a project. We will behave as a people partner to the new business in return for equity in the start up business. This is on a success only basis, there is no obligation for either a consultation or our assistance unless specially agreed in writing. If you have a project and are seeking to find the people and funding to go with it, please get in touch privately, we may well be able to help. Likewise, if you would like to privately suggest any refinements or other complementary ideas, please let us know.

If you have an interest in this as an idea as a topic of discussion, we welcome your comments on this page.

 

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