The Responsibility of the
Private Sector in Preventing
and Combating Corruption
Leah Ambler
Legal Analyst and Manager OECD-Latin America
Anti-Corruption Programme, OECD
Why fight bribery in international business?
The business case against bribery:
• Distorts competition;
• Raises the cost of doing business; and
• Creates business uncertainty.
What tools are available to fight bribery?
• OECD Good Practice Guidance
• G20 Whistleblower Study
The Anti-Bribery Convention
Levelling the playing field:
• Criminalises foreign bribery
in 40 countries;
• Increased enforcement:
– 216 individuals and 90
companies sanctioned to date
in 13 countries;
– 320 investigations ongoing in
24 States Parties.
OECD Good Practice Guidance
• With increased enforcement, companies
need to know how to prevent bribery and
corruption.
• Response: 2010 OECD Good Practice
Guidance on Internal Controls, Ethics and
Compliance
• First guidance of its kind agreed at
intergovernmental level
Putting an anti-bribery programme in place
• No one-size-fits-all: Each company is
different and has different compliance
needs.
• Good Practice Guidance: Highlights
fundamental elements of any effective
programme.
Elements of a strong programme
• Clear and visible corporate policy
prohibiting bribery;
• Policies and measures for specific risk
areas applicable at all levels;
• Due diligence;
• Financial and accounting procedures.
Implementing an anti-bribery programme
• ‘Tone from the top’: strong support from
senior management;
• Communications and training;
• Disciplinary measures;
• Safe and reliable reporting procedures;
• Monitoring and evaluation.
Whistleblower protection
“Protection from discriminatory or disciplinary
action public and private sector employees who
report in good faith and on reasonable grounds
suspicions of corruption to competent authorities”
•G20 Study on Whistleblower Protection
Frameworks, Compendium of Best Practices and
Guiding Principles for Legislation
How to protect whistleblowers?
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•
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Forms of protection;
Reporting procedures;
Enforcement mechanisms;
Awareness-raising and evaluation.
Thank you
For more information, go to:
www.oecd.org/corruption