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.
- ICC Rules on Combating Corruption
- ICC Fighting Corruption Handbook
- RESIST (Resisting Extortion and Solicitation in International Transactions)
- ICC Guide to Responsible Sourcing
- ICC Whistleblowing Guidelines
- ICC Guidelines on Agents, Intermediaries and Third Parties
- Business Case against Corruption
Download the ICC Anti-corruption Clause.