Managing Conflict of Interest - Organisation for Economic Co ...

Implementation and Enforcement Tools 89• Independent: If I accepted this gift, would a reasonable personhave any doubt that I would be independent in doingmy job in the future, when the person responsible for thisgift is involved or affected?• Free: If I accepted this gift, would I feel free of any obligationto do something in return for the person responsible for thegift, or for his or her family or friends and associates?• Transparent: Am I prepared to declare this gift and itssource, transparently, to my organization and its clients, tomy professional colleagues, and to the media and the publicgenerally?Approaches to Enforcement: Description versus PrescriptionOECD has compiled checklists, model codes, procedures, selftests,training materials, case studies, and information on best practicesand country experiences to assist public and private sectorofficials in putting COI regulations into practice. Arguably, thereare two major approaches to managing COI: “description,” whichemploys a principle-based approach, and “prescription,” whichassumes a rule-based approach. In either case, guidelines should beenforceable and outline enacted standards or formal procedures.Implementing restrictions on post–public employment of formerpublic officials offers a key example of the challenge in determiningand applying appropriate COI regulations. Most countriesFigure 2: Types of Public Officials and Coverage under COI PoliciesWhich categories of public officials are covered by specific conflict-of-interest policy?AuditorsMinisterial cabinet staffProcurement officialsJudgesTax officialsProsecutorsContract managersCustoms officersSenior public servantsMinisters0 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