The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct are recommendations on responsible business conduct addressed by governments to multinational enterprises operating in or from the 52 adhering countries. [1] The Guidelines provide non-binding principles and standards for responsible business conduct in a global context that are consistent with applicable laws and internationally recognised standards. The Guidelines are an annex of the Declaration on International Investment and Multinational Enterprises. [2]
The Guidelines are legally non-binding, but the OECD Investment Committee and its Working Party on Responsible Business Conduct encourage implementation among adherents. The most concrete manifestation of government commitment to the principles set forth in the Guidelines are the National Contact Points (NCPs), which are offices charged with promoting observance of the Guidelines by multinational enterprises. Each of the 51 adhering countries are required to set up an NCP.
Among other tasks, NCPs are charged with supporting a grievance mechanism called 'specific instances' — under this procedure, alleged non-observance of one or more of the Guidelines' recommendations is brought to the attention of an NCP, which then is responsible for helping the parties to find a resolution for the issues raised by providing access to consensual and non-adversarial procedures. [3]
Since the mediation procedure for NCPs was established in 2000, 450 specific instances have been handled covering such areas as employment and industrial relations (about half of the specific instances), environment, human rights and disclosure of information (the database on specific instances covers the 2000-2019 period). [4]
Originally, the Declaration and the Guidelines were adopted by the NP in 1976. The Guidelines were subsequently revised in 1979, 1982, 1984, 1991, 2000, 2011, and most recently in 2023. [5]
The Guidelines cover business ethics on a range of issues, including:
In addition, the OECD has developed more detailed guidance in a number of sectors to help enterprises implement the Guidelines and proactively identify risks of adverse impacts. These sectors include extractives, mineral supply chains, agricultural supply chains, garment supply chains, and the financial sector. [6] The work of the National Contact Points in support of this development is called the "proactive agenda." [7]
According to the OECD Council decision each adhering country has to set up a National Contact Point (NCP), an entity responsible for the promotion of the Guidelines on a national level. It handles all enquiries and matters related to the Guidelines in that country, including investigating complaints (referred to as "specific instances" [8] ) about a company operating in, or headquartered in that country. Some NCPS are based in a relevant government department; others are independent structures comprising government officials, trade unions, employers unions and sometimes non-governmental organisations.
The functioning of the NCPs is reviewed every year and the findings are summarised in an annual report. [9] In order to improve their functioning and coherence across adherent countries, the NCPs established a peer review schedule in 2016 that plans 4-6 reviews annually. These peer reviews provide an in-depth focus on the functioning of individual NCPs. [10]
The OECD Investment Committee is the primary body responsible for overseeing the functioning of the Guidelines and implementation of all OECD investment instruments. The Committee consists of member states' senior officials from treasuries, economics, trade and industry, and foreign affairs ministries and central banks. All OECD member states are members of the Investment Committee. Argentina and Brazil are observers and the 14 non-Members that have subscribed to the Declaration participate in the work of the committee on issues related to the Guidelines. A Working Party on Responsible Business Conduct was established in 2013 as a subsidiary body of the Investment Committee to help implement the Guidelines and strengthen the system of National Contact Points. [11]
The Multilateral Agreement on Investment (MAI) was a draft agreement negotiated in secret between members of the Organisation for Economic Co-operation and Development (OECD) between 1995 and 1998. It sought to establish a new body of universal investment laws that would grant corporations unconditional rights to engage in financial operations around the world, without any regard to national laws and citizens' rights. The draft gave corporations a right to sue governments if national health, labor or environment legislation threatened their interests. When its draft became public in 1997, it drew widespread criticism from civil society groups and developing countries, particularly over the possibility that the agreement would make it difficult to regulate foreign investors. After an intense global campaign was waged against the MAI by the treaty's critics, the host nation France announced in October 1998 that it would not support the agreement, effectively preventing its adoption due to the OECD's consensus procedures.
International business refers to the trade of goods and service goods, services, technology, capital and/or knowledge across national borders and at a global or transnational scale.
The Trade Union Advisory Committee to the OECD (TUAC) is the interface of the Organisation for Economic Co-operation and Development (OECD) with organized labour. TUAC has 59 affiliated trade union centres in 31 OECD countries, representing more than 66 million workers. It also has associate members in Brazil, Indonesia, Russia and South Africa.
An international business company or international business corporation (IBC) is an offshore company formed under the laws of some jurisdictions as a tax neutral company which is usually limited in terms of the activities it may conduct in, but not necessarily from, the jurisdiction in which it is incorporated. While not taxable in the country of incorporation, an IBC or its owners, if resident in a country having “controlled foreign corporation” rules for instance, can be taxable in other jurisdictions.
The Global Reporting Initiative is an international independent standards organization that helps businesses, governments, and other organizations understand and communicate their impacts on issues such as climate change, human rights, and corruption.
Mahmoud Mohieldin, is an economist with more than 30 years of experience in international finance and development. He is the UN Climate Change High-Level Champion for Egypt. He is an Executive Director at the International Monetary Fund. He has been the United Nations Special Envoy on Financing the 2030 Sustainable Development Agenda since February 2020. He was the Minister of Investment of Egypt from 2004-2010, and most recently, served as the World Bank Group Senior Vice President for the 2030 Development Agenda, United Nations Relations and Partnerships. His roles at the World Bank also included Managing Director, responsible for Human Development, Sustainable Development, Poverty Reduction and Economic Management, Finance and Private Sector Development, and the World Bank Institute; World Bank President's Special Envoy on the Millennium Development Goals (MDGs), the Post-2015 Development Agenda, and Financing for Development; and Corporate Secretary and Executive Secretary to the Development Committee of the World Bank Group's Board of Governors. Dr Mohieldin also served on several Boards of Directors in the Central Bank of Egypt and the corporate sector. He was a member of the Commission on Growth and Development and was selected for the Young Global Leader of the World Economic Forum in 2005. His professional experience extends into the academic arena as a Professor of Economics and Finance at the Faculty of Economics and Political Science, Cairo University and as a visiting professor at several renowned Universities in Egypt, Korea, the UAE, the UK and the USA. He is a member of the International Advisory Board of Durham University Business School. He also holds leading positions in national, regional and international research centres and associations. He has authored numerous publications and articles in leading journals in the fields of economics, finance and development.
The Organisation for Economic Co-operation and Development's (OECD) Development Assistance Committee (DAC) is a forum to discuss issues surrounding aid, development and poverty reduction in developing countries. It describes itself as being the "venue and voice" of the world's major donor countries.
The digital economy is a portmanteau of digital computing and economy, and is an umbrella term that describes how traditional brick-and-mortar economic activities are being transformed by the Internet and World Wide Web technologies.
David John Bradbury is an Australian former politician. He was a Labor member of the Australian House of Representatives, representing the Division of Lindsay, in New South Wales, from 2007 until 2013. Bradbury was the Minister for Competition Policy and Consumer Affairs, Assistant Treasurer, Minister Assisting for Financial Services and Superannuation, and Minister Assisting for Deregulation. He is currently the Head of Tax Policy and Statistics at the Organisation for Economic Co-operation and Development's Centre For Tax Policy and Administration.
In economics, the business sector or corporate sector - sometimes popularly called simply "business" - is "the part of the economy made up by companies". It is a subset of the domestic economy, excluding the economic activities of general government, private households, and non-profit organizations serving individuals. The business sector is part of the private sector, but it differs in that the private sector includes all non-government activity, including non-profit organizations, while the business sector only includes business that operate for profit.
Oikocredit is a cooperative society that offers loans or investment capital for microfinance institutions, cooperatives and small and medium-sized enterprises in developing countries. It is one of the world's largest private financiers of the microfinance sector. The idea for Oikocredit came from a 1968 meeting of the World Council of Churches. Following this, Oikocredit was established in 1975 in the Netherlands.
The International Transport Forum (ITF) is an inter-governmental organisation within the OECD system. It is the only global body with a mandate for all modes of transport. It acts as a think tank for transport policy issues and organises the annual global summit of transport ministers. The ITF's motto is "Global dialogue for better transport". Between 1953 and 2007, the organisation had existed for over fifty years as the European Conference of Ministers of Transport. The organisation is responsible for creating several standards, including the Classification of European Inland Waterways.
The Office of the Extractive Sector CSR Counsellor was established in 2009 as part of the Government of Canada’s CSR Strategy for the International Extractive Sector. The mandate of the Counsellor is defined by an Order in Council.
The Organisation for Economic Co-operation and Development is an intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and world trade. It is a forum whose member countries describe themselves as committed to democracy and the market economy, providing a platform to compare policy experiences, seek answers to common problems, identify good practices, and coordinate domestic and international policies of its members.
Transfer mispricing, also known as transfer pricing manipulation or fraudulent transfer pricing, refers to trade between related parties at prices meant to manipulate markets or to deceive tax authorities. The legality of the process varies between tax jurisdictions; most regard it as a type of fraud or tax evasion.
Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.
Labour rights in New Zealand are largely covered by both statute, particularly the Employment Relations Act 2000, and common law. The Ministry of Business, Innovation and Employment carries out most of the day to day administrative functions surrounding labour rights and their practical application in the state.
Base erosion and profit shifting (BEPS) refers to corporate tax planning strategies used by multinationals to "shift" profits from higher-tax jurisdictions to lower-tax jurisdictions or no-tax locations where there is little or no economic activity, thus "eroding" the "tax-base" of the higher-tax jurisdictions using deductible payments such as interest or royalties. For the government, the tax base is a company's income or profit. Tax is levied as a percentage on this income/profit. When that income / profit is transferred to a tax haven, the tax base is eroded and the company does not pay taxes to the country that is generating the income. As a result, tax revenues are reduced and the country is disadvantaged. The Organisation for Economic Co-operation and Development (OECD) define BEPS strategies as "exploiting gaps and mismatches in tax rules". While some of the tactics are illegal, the majority are not. Because businesses that operate across borders can utilize BEPS to obtain a competitive edge over domestic businesses, it affects the righteousness and integrity of tax systems. Furthermore, it lessens deliberate compliance, when taxpayers notice multinationals legally avoiding corporate income taxes. Because developing nations rely more heavily on corporate income tax, they are disproportionately affected by BEPS.
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Herman Mulder is an institutional adviser, speaker, lecturer and author on sustainable finance issues. He is a pioneer of the Equator Principles, used by banks to voluntarily assess and manage social and environmental risk.