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

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120 Managing Conflict of Interesthowever, the onus of declaring potential conflicts is always onthe officials themselves. In monitoring their own behavior, publicofficials are advised to apply the conventional “sunshine test” todetermine whether or not an apparent, potential, or real conflictof interest exists.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Conflict-of-interest enforcement in theUnited StatesPeter J. AinsworthSenior Deputy Chief, Public Integrity Section, Criminal Division, Department ofJustice, United StatesOverview of United States Statutes Addressing Conflict ofInterestThe spectrum of conflict-of-interest scenarios ranges from theappearance of conflict to the actual incidence of bribery, which isa defined form of corruption in the United States (US) and mostother nations around the world. Under US law, bribery and gratuityoffenses have been defined for many years in the Criminal Codeunder Title 18, Section 201. In the wake of the Watergate scandal inthe 1970s, the view emerged that greater weapons were needed toensure good and ethical governance and avoid conflicts of interest.The reform legislation that was passed during this period can befound in Sections 203 through 209 and are known as the US conflictof interest (COI) statutes.These statutes were created to address concerns raised byfederal agency standards-of-conduct and professional associationstandards-of-conduct regulations. Essentially, these statutes prohibit(i) current government officials 1 from acting in their official capacityin a matter that causes them to gain financially, and (ii) former governmentofficials from returning to office in an attempt to influence theagency’s decision on a matter that was pending under their officialresponsibility while in their former government position.COI statutes differ from bribery in that they always require actionby the current or former official. COI is also considered less egregiousthan bribery. Penalties for violation of COI statutes are governed bySection 216, which allows for civil and criminal sanctions. Generallyspeaking, the prosecutor’s decision on whether to lay a charge forbribery or a less serious COI statute is dependent upon whether he1Section 202 contains definitions of terms used throughout the conflict-ofinterest statutes. For the purposes of this summary, no distinction is madebetween “employee,” “officer,” and “official.”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 7•
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Defining Conflict of Interest 9Conc
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Defining Conflict of Interest 15Pol
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Defining Conflict of Interest 19A C
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Defining Conflict of Interest 21Gov
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Asset declaration in the Philippine
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Page 118 and 119: Conflict of interest in Indonesia:
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Page 123: Section 2:Implementation andEnforce
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Page 134 and 135: Private gain from public loss:How T
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Page 170 and 171: Tracking corruption in the USA: Pol
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Page 203 and 204: Chapter 5Codes of conduct in thepri
Page 205 and 206: 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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