The Chair of the International Chamber of Commerce (ICC), Maria Fernandez Garza, has launched the ICC Rules on Combating Corruption.
The Rules are designed as a method of self-regulation by business against the background of applicable national law and international legal instruments. Their voluntary adoption and implementation by Enterprises promotes high standards of integrity in business transactions, whether between Enterprises and public bodies, or between Enterprises themselves.
The Chair of the world business organisation who recently visited Ghana said these rules play an important role in assisting Enterprises to comply with their legal obligations and with the numerous anti-corruption initiatives at the international level. They also provide an appropriate basis for resisting attempts at Extortion or Solicitation of bribes
All enterprises are expected to conform to the applicable laws and regulations of the countries in which they are established and where they operate. The ICC Rules on Combating Corruption are not designed to replace or modify existing laws and regulations. Rather, the Rules are a self-regulatory set of rules, and ultimately a business toolkit, aimed to be used by Enterprises in addition to, and in careful coordination with, applicable instruments and regulations.
Therefore, the Rules require voluntary adoption and implementation by Enterprises, and in case of conflict between applicable laws and regulations and these Rules, the former shall prevail.
Although these Rules do not change according to the size of an enterprise or the nature of its activities, their implementation will have to be adapted according to a risk assessment and notably to the nature of the business activity. The success of these ICC Rules will depend on the tone at the top and through all managerial lines: there should be a clear message from the Chair of the Board of Directors and/or the Chief Executive Officer of the Enterprise that corruption is prohibited and that an effective corporate compliance programme will be implemented. A culture of integrity and compliance among all employees of the Enterprise is also essential.
The Secretary General of ICC Ghana, Emmanuel Doni-Kwame in his submission stated that the Rules consist of four parts.
Part I states the Rules; Part II provides guidance to support implementation and compliance with the Rules, Part III lists the suggested elements of an effective corporate compliance programme, and Part IV comprises definitions of terms used.
