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Commentary: OECD Good Practice Guidance on Internal Controls, Ethics and Compliance
The June 2010 OECD Good Practice Guidance represents a dramatic step: the first international guide for compliance and ethics programs that has the potential to move the development of compliance and ethics programs forward on a global basis. As a guide to practitioners and those in government SAI Global Law & Ethics Advisor Joe Murphy, CCEP and Donna Boehme offer the following commentary on the elements of the Good Practice Guidance.
Background: With the February 2010 publication of its Good Practice Guidance on Internal Controls, Ethics and Compliance (“Good Practice Guidance” or “the Guidance”) as Annex II to the November 26, 2009 Further Recommendations for Combating Bribery of Foreign Public Officials in International Business Transactions1 (“the 2009 Recommendations”), the OECD,through its anti-bribery Working Group (“the OECD Working Group”) has created an important blueprint for anti-bribery compliance programs.
The Good Practice Guidance sets out in helpful detail the elements of a good anti-bribery compliance approach. From the standpoint of ethics and compliance practitioners, the Good Practice Guidance provides additional support to existing best practice in the field and validates a proactive, practical,risk oriented strategy for detecting and preventing misconduct in organizations. Although, on its face, the Good Practice Guidance speaks primarily to foreign bribery, most of the provisions could be readily applied to ethics and compliance programs on a much broader basis as well.
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