Designed
for inclusion in any contract, the clause is part of ICC’s commitment to
supporting implementation of the United Nations Convention against Corruption
(UNCAC) and more active engagement with the Organisation for Economic
Co-operation and Development (OECD) Anti-Bribery Working Group. It delivers a
pragmatic response to calls from G20 leaders for the private sector to play an
active role in fighting corruptive practices.
The
new clause provides a contractual basis for parties to commit to complying with
ICC’s voluntary Rules on Combating Corruption or to implement a corporate
anti-corruption compliance programme.
Available
to download free of charge from ICC’s remodelled website, the clause can
support both small- and medium-sized enterprises (SMEs) and multinational
companies in their efforts to prevent their contractual relationships being
affected by corruption.
“Corruption
impedes economic growth, threatens the integrity of markets, distorts resource
allocation, destroys public trust and undermines the rule of law,” said G20
leaders at the Los Cabos Summit in Mexico earlier this year. The official
declaration reiterated their commitment to full implementation of UNCAC,
extended the mandate of the G20 Anti-Corruption Working Group, and welcomed
continued engagement from the companies participating in the G20 Business
Summit.
ICC
Secretary General Jean-Guy Carrier said: “The ICC anti-corruption clause is the
latest contribution by business to decades of working with governments to fight
corruption and its crippling effects on the global economy. ICC considers
dealing with corruption an essential component of the plans it is proposing to
G20 governments to stimulate economic growth, trade and employment.”
The
clause was drafted by experts of the ICC Commission on Corporate Responsibility
and Anti-Corruption and the Commission on Commercial Law and Practice, the ICC
body responsible for drafting Incoterms® Rules – the world renowned trade terms
used in international and domestic contracts for the sale of goods.
The
new anti-corruption clause debuted today at Business/G20 working group meetings
taking place at the OECD in Paris. ICC also previewed its forthcoming Ethics
and Compliance Training, a practical training, to be made available by the end
of 2012 that will provide companies with the know-how they need to implement an
effective anti-corruption compliance programme.
“Having
first issued anti-corruption rules 35 years ago, ICC is a champion of business
action to combat corruption and is well-placed to respond to the G20 call on
behalf of business,” said Francois
Vincke, Lawyer, Member of the Brussels Bar and Vice-Chair of the ICC Corporate
Responsibility and Anti-Corruption.
The
anti-corruption clause is available as part of a suite of pragmatic ICC tools
to help business drive integrity in business transactions. ICC continues to
develop such tools that provide guidance on a range of related issues including
gifts and hospitality, and solicitation.
They
include: