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Working Group 2: Private Sector Civil Society

National Round Table Promoting Business Integrity in Jordan : Role of the Public and the Private Sectors. Organized by the MENA-OECD Investment Programme in cooperation with the Jordanian Anti-corruption Commission Intercontinental Hotel, Amman, Jordan February 4, 2013.

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Working Group 2: Private Sector Civil Society

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  1. National Round Table Promoting Business Integrity in Jordan : Role of the Public and the Private Sectors Organized by the MENA-OECD Investment Programme in cooperation with the Jordanian Anti-corruption Commission Intercontinental Hotel, Amman, Jordan February 4, 2013

  2. Working Group 2: Private Sector Civil Society François Vincke Lawyer, Member of the Brussels Bar ICC Corporate Responsibility and Anti-corruption Commission

  3. 1.- Homework • Promoting business integrity is intricate and complex • Before starting a dialogue, do your homework within the business associations (national and sectoral) • Analyze in depth where business stands on integrity • Do not forget to have the SME’s on board and listen carefully to their needs • Do not come to the dialogue with empty hands: come with your own proposals, based on your own findings • At the ICC, we first established our own Rules on combating Corruption and then started our dialogue

  4. 2.- Building Trust • Once you have established your proposals , you will need to create an atmosphere of trust with all the participants in the dialogue (authorities and civil society) • To build the conditions for a real dialogue, one needs to invest in genuine, thorough relations with all the participants. Know the persons you have in front of you, so that everybody considers the other as creditworthy • At the ICC, we sought extensive contact with the OECD Working Group on Bribery, the Council of Europe, the UNODC, the European Commission and more recently the G20. Each organization requires lots of attention and care and each kind of contact is different

  5. 3.- Effective and concrete proposals • As I said: do not come with empty hands: come with effective and concrete proposals, which will show your commitment to fighting corruption in real terms • Not resounding speeches on the need to fight corruption but effective, practical measures • Make proposals of which you know they can be realized • Go for practical action • One of first areas is awareness raising and training and education

  6. 4.- Step by step • One has to learn to be patient: not everything can be realized in one go • Go step by step • A small achievement is better than a total failure on a grand project • Do not let you be disheartened by opposition to your proposals, there will be opposition (cynicism) in any case

  7. 5.- AnOrganizedDialogue • Often one speaks of an “institutionalized” dialogue • I am not sure this is the best formula: rather go for a regular, continuous and deep dialogue, whereby you build on a strong basis • Dialogue should be systematic rather than institutionalized • For a SME, which wants to grow, it is important to have a genuine ethics and compliance profile

  8. 6.- Enforcement • The most difficult area for a constructive dialogue • Try to engage the judiciary on a constructive, positive and open dialogue • An exchange of information on company practice is probably an interesting base of departure • Maybe the judiciary will want to proceed with test cases to prioritize the most urgent circumstances

  9. 7.- What ICC does (I) • 1. - We have recently rewritten our self regulatory Rules on Combating Corruption (2011) • http://www.iccwbo.org/uploadedFiles/ICC/policy/business_in_society/Statements/ICC_Rules_on_Combating_Corruption_2011edition.pdf • 2. - The Rules are supported by Guidelines on Whistleblowing(2008) • http://www.iccwbo.org/uploadedFiles/ICC/policy/business_in_society/Statements/ICC_Guidelines_on_Whistlelowing_ENG.pdf

  10. 8. What ICC does (II) • 3. - Essential in the building of a prevention plan is the Guidelines on Agents, Intermediaries and other Third Parties (2010) • http://www.iccwbo.org/uploadedFiles/ICC/policy/business_in_society/Statements/195-11%20Rev2%20ICC%20Third%20Parties%20FINAL%20EN%2022-11-10.pdf • 4. - ICC and a number of other organisations have prepared, under the title RESIST (2011) around 20 scenarios showing companies how to resist solicitation/extortion in real life • English: http://www.iccwbo.org/uploadedFiles/RESIST2_Oct2010.pdf • Arabic: http://www.iccwbo.org/uploadedFiles/ICC/policy/business_in_society/pages/RESIST_AR_text.pdf

  11. 9.- What ICC does (III) • 5. - The ICC Commission on Corporate Responsibility and Anti-corruption is preparing Guidelines on Gifts, Hospitality and Expenses and an ICC Anti-corruption Clause • 6.- A Handbook titled Fighting Bribery, a Corporate Practices Manual has been issued in 1999, a second edition was published as Fighting Corruption, a Corporate Practices Manual in 2003 and a third edition was published as Fighting Corruption International Corporate Integrity Handbook in 2008. The latter version can only be obtained as an e-book. • 7.- ICC Anti-corruptionClause

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