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6 Managing Conflict of Interestprivate interest which is such to influence, or appears to influence,the impartial and objective performance of his or her official duties.”The Organisation for Economic Co-operation and Development(OECD) offers a similar description, defining COI as “…a conflictbetween the public duty and private interests of a public official, inwhich the public official has private-capacity interest which couldimproperly influence the performance of [his or her] official dutiesand responsibilities.” Importantly, OECD observes that the appearanceor perception of a conflict of interest can be as damaging asa documented case of COI, since both foment public mistrust inpublic sector institutions, which can also lead to corruption. A situationthat appears to be a conflict of interest may be enough toundermine public confidence, even if an actual conflict does notexist or it has already been resolved.COI remains a complex and sometimes even elusive concept.Relationships between the private and public sectors have becomeincreasingly multifaceted and nuanced as a result of the continuouslyredefined role of the state and the globalization of economies.As public and private interests intersect in ways that are constantlyshifting, COI (or its perception) becomes a challenge for practitionersand policy makers alike. At the international level, meeting thischallenge has been an effort dating back to the mid-1990s.International anti-corruption instruments of a legally bindingnature, as well as of what is known as “soft law,” include provisionsoutlining preventive measures, e.g., standards (codes of conduct),guidelines, and tools targeting public sector accountability andconflict-of-interest issues:• The Inter-American Convention Against Corruption( Article 3: preventive measures);• The Economic Community of West African States Protocolon the Fight Against Corruption (Article 5: preventivemeasures);• The African Union Convention on Preventing and CombatingCorruption (Article 7: corruption and related offenses inpublic service);• The United Nations Convention against Corruption( Chapter II: preventive measures);• The International Code of Conduct for Public Officials(Article II: conflict of interest and disqualification);ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Defining Conflict of Interest 7• The Organisation for Economic Co-operation and Development:Guidelines for Managing Conflict of Interest in the PublicService—Public Sector Transparency and Accountability;• The Council of Europe: Model Code of Conduct for PublicOfficials (Article 13: conflict of interest).It is interesting to note that the first anti-corruption instrumentaddressing COI was the International Code of Conduct for PublicOfficials. 2 The Code of Conduct was a direct product of the EighthUnited Nations Congress on the Prevention of Crime and the Treatmentof Offenders, held in Havana, Cuba, in 1990. The Code ofConduct makes extensive references to COI, outlining the mostcrucial parameters of the concept and including several measuresto deal with it.Overview of UNCAC Provisions on Conflict of InterestThe UNCAC is a fundamental preventive tool with several specificprovisions related to COI. UNCAC emphasizes the importanceof transparency and standardization. Several provisions instruct“States Parties” to establish standards to guide public sector officials’behavior and codify systems to ensure legal procurementpractices and management of public finances. UNCAC also outlinesguidelines for dealing with the private sector. A summary ofthe most relevant provisions is included below:• Public sector (Article 7 §3): Each State Party shall endeavourto adopt, maintain and strengthen systems that promotetransparency and prevent conflicts of interest.• Codes of conduct for public officials (Article 8 §6): Each StateParty shall take note of the relevant initiatives of regional,interregional and multilateral organizations, such as theInternational Code of Conduct for Public Officials containedin General Assembly resolution 51/59 of 12 December1996...and endeavour to establish measures and systemsrequiring public officials to make declarations to appropriateauthorities regarding their outside activities , employment,investments, assets and substantial gifts or benefits from2United Nations General Assembly Resolution 51/59, 12 December 1996.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Page 4 and 5: Publications of the ADB/OECD Anti-C
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Page 9 and 10: ForewordThe Asian Development Bank
Page 11 and 12: AcknowledgmentsThe Asian Developmen
Page 13 and 14: AbbreviationsACFEADBAPSCEOCFOCOICRP
Page 15 and 16: Executive SummaryThere is growing c
Page 17 and 18: Executive Summary xvThe Organisatio
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Page 21 and 22: Keynote AddressesADB/OECD Anti-Corr
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Page 25 and 26: Keynote Addresses xxiiiConvention A
Page 27 and 28: Welcome RemarksTaufiequrachman Ruki
Page 29 and 30: Welcome RemarksArjun ThapanDirector
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Private gain from public loss:How T
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Tracking corruption in the USA: Pol
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Section 3:Prevention andEnforcement
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Codes of conduct and mechanisms top
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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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