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86 Managing Conflict of InterestAs in chess, placing the King “in check” is a dangerous proposition.However, while simply being “in check” must be resolved, itis not of itself fatal unless the conflict cannot be resolved. Similarly,COI situations in the public or private sector are not necessarily corruptionitself, but are potentially damaging or politically dangerousand must be identified and managed. A COI situation that isnot identified, managed, and resolved appropriately can lead tocorruption.Determinants of Conflict of Interest: Relevance and ContextThe environment in which COI occurs is rapidly changing.There are new forms and approaches to delivering and managingpublic goods and services, blurring lines between public andprivate sectors and creating new gray areas. Moreover, increasingcomplexity in society including advances in education, multiculturaldynamics, and rising demand for information by the mediaand general public, also contribute to waning public confidence inpublic institutions.The source of COI is any kind of personal bias based on personalrelationships (community, ethnic, or religious), material interests,business interests, and professional or political affiliations. Anyinterest is relevant if it could be reasonably considered to improperlyinfluence a public official’s performance of duties in the relevantcircumstances or context.Figure 1: Potential Sources of Conflict of InterestWhich activities and situations are identified as holding potential for conflicts of interest for officials?AssetsLiabilities, debtsPersonal relationshipsFamily relationshipsBusiness interestExternal activities and positionsGifts, benefits and hospitality0 5 10 15 20 25 30Number of countriesSource: OECD. 2003. Managing Conflict of Interest in the Public Service: OECD Guidelinesand Country Experiences.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Implementation and Enforcement Tools 87An OECD survey 1 in 30 countries identified the predominantsource of COIs to be gifts, benefits, hospitality, and business interests,with secondary employment in the private sector registeringas a key indicator.Governments have for many years been aware of the dangersof personal bias in public decision-making. In the past, however,these concerns principally focused on traditional sources of influence,such as personal or family relationships and gifts or hospitalityoffered to public officials. Increased cooperation with the privatesector in recent years has made the whole issue more complex,multiplying the opportunities for conflicts of interest, such as:• A public official having private business interests in the formof partnerships, shareholdings, board memberships, investments,government contracts, etc.;• A public official having affiliations with other organizations(e.g., a senior public official sits on the board of a nonprofitorganization that receives funding from the official’sagency);• A public official leaving government to work for a regulatedprivate company or a chief executive taking up a key positionin a government agency with a commercial relationshipwith his or her former company.Supporting Policy and Practice: OECD Guidelines and ToolkitThe OECD Guidelines provide a framework to help governmentsand public organizations review existing conflict-of-interestpolicy and practice for public officials working in public administration.This can generally be achieved by:• ensuring that public bodies have relevant policy standards forpromoting integrity and implement those standards; and• establishing effective processes for identifying risk anddealing with conflicts of interest in daily work, as well asappropriate accountability mechanisms and managementapproaches.1OECD. 2003. Managing Conflict of Interest in the Public Service: OECDGuidelines and Country Experiences.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
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Publications of the ADB/OECD Anti-C
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iv Managing Conflict of InterestMan
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ForewordThe Asian Development Bank
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AcknowledgmentsThe Asian Developmen
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AbbreviationsACFEADBAPSCEOCFOCOICRP
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Executive SummaryThere is growing c
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Executive Summary xvThe Organisatio
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Executive Summary xviiThe People’
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Keynote AddressesADB/OECD Anti-Corr
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Keynote Addresses xxiI, therefore,
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Keynote Addresses xxiiiConvention A
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Welcome RemarksTaufiequrachman Ruki
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Welcome RemarksArjun ThapanDirector
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Keynote Addresses xxixIt is also he
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Remarks at the Opening DinnerH. E.
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Keynote Addresses xxxiiibe struck b
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Keynote Addresses xxxvthe best huma
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Closing RemarksHidayat Nur WahidCha
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Keynote Addresses xxxixeasier than
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Chapter 1Defining conflict ofintere
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The United Nations Convention Again
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Defining Conflict of Interest 19A C
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Defining Conflict of Interest 21Gov
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Section 3:Prevention andEnforcement
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Codes of conduct and mechanisms top
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Preventing conflicts of interest in
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Chapter 5Codes of conduct in thepri
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Good corporate governance: Essentia
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Codes of Conduct in the Private Sec
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Compliance enforcement in a multina
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Living business ethics: Good govern
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Appendix 1: Seminar agendaADB/OECD
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Appendix 185The experience of asset
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Appendix 187Detecting conflict of i
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Appendix 2: List of participantsMem
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Appendix 191Asad Ali SHAHPartner, D
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Appendix 193WaluyoDeputy of Prevent
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Appendix 195PALAUSecilil ELDEBECHEL
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Appendix 197Sandie HITOJOSenior Con
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Appendix 199TRANSPARENCY INTERNATIO
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Appendix 201Arie SISWANTOAssistant
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Secretariat 203ADB/OECD Anti-Corrup
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