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EMPEA Guidelines

2.  Conformity to international standards of business integrity and anti-corruption

In addition to adopting international conventions and national legislation to combat corruption and money laundering, regulators demonstrate effective enforcement and support a culture of business integrity, transparency and anti-corruption.

 

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supporting material

 

To maintain a strong legal and contractual basis for commerce and investment, bribery and corruption must be combated at all levels, but most particularly in the judiciary, where failure in this respect erodes the rule of law and the basic tenets on which a successful economy are based. Specific recommendations in this regard include:

2.1 - Conformity with international anti-corruption and integrity standards

EMPEA encourages formalized practices and procedures that conform to international conventions and standards, such as the OECD Anti-Bribery Convention, the OECD’s 2009 Anti-Bribery Recommendations and the UN Convention against Corruption and other internationally recognized standards.¹

2.2 - Comprehensive enforcement regimes

Implementation of a comprehensive enforcement regime of anti-corruption laws and procedures that include clear and measurable standards, strategies and goals for business integrity and combating corruption, implemented by:

        (a) Credible leadership and high-level support for enforcement,
        (b) Centralised planning, strategy and accountability,
        (c) Effective local devolution of plans for anti-corruption procedures and accountable  monitoring (including a transparent chain of responsibility),
        (d) Guidelines and benchmarks enforced by government at the local level, and
        (e) A periodic means of changing those responsible for enforcement (i.e., a ‘changing of the  guard’ to enhance accountability).

2.3 - Special attention to combating corruption within the judiciary

An anti-bribery regime should include comprehensive rules prohibiting the bribery of judges, bailiffs and other court officials, and such rules should be strictly and systematically enforced by the criminal justice system. 

2.4 - Public procurement rules

Public procurement rules should be consistent with international norms and should be adhered to in practice. 

2.5 - Whistle blowing

In addition, countries should consider a supportive approach to whistle blowing, including name and shame practices such as www.ipaidabribe.com

 

¹OECD Anti-Bribery Convention; OECD 2009 Anti-Bribery Recommendations; UN Convention Against Corruption

 


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