As noted in the OECD document, the private sector plays a significant role in combating corruption today. The importance of engaging the business community in anti-corruption efforts is emphasized in several international instruments, including:
- the United Nations Convention against Corruption;
- the United Nations Global Compact;
- the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;
- the OECD Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions.
According to OECD experts, businesses can contribute to the fight against corruption through:
- participating jointly with public authorities in the development of anti-corruption laws, strategies, and policies;
- providing input on the effectiveness of sanctions and incentives in place to promote integrity in the private sector;
- engaging in public awareness initiatives about the harms of corruption and ways to address it;
- supporting state-led anti-corruption programs;
- promoting integrity throughout their industries and supply chains.
To encourage private sector engagement, the Guide recommends that governments:
- establish an appropriate legal framework, including adopting anti-corruption laws that cover the private sector (as seen in the UK and France), requiring transparency of beneficial ownership (e.g., Slovakia's Beneficial Ownership Register), and providing for corporate liability for corruption offenses (as in Australia);
- ensure the enforcement of anti-corruption legislation applicable to the private sector by granting authorities sufficient independence and resources;
- lead by example by promoting integrity within the public sector;
- offer guidance to private entities on anti-corruption compliance, incorporating input from business representatives;
- include private sector actors in the development of national anti-corruption policies and laws (e.g., Uruguay's participatory approach to anti-corruption lawmaking);
- use digital tools to enhance transparency in both public and private sector operations, such as centralized online procurement platforms;
- protect and reward whistleblowers reporting corruption in both sectors;
- coordinate internationally to promote business integrity and ensure a level playing field across jurisdictions, including through experience-sharing and joint investigations or asset recovery efforts;
- regularly evaluate and update anti-corruption measures in the private sector based on effectiveness and needs;
- ensure coherence and alignment across integrity-promoting initiatives.
OECD experts highlight that achieving high standards of business integrity also depends on balancing sanctions for corruption with incentives to build corporate anti-corruption capacity. This balance varies by country, depending on legal, economic, institutional, and resource contexts. Sanctions should be proportionate to the company’s size, the seriousness of the offense, and the damage caused. They should also deter misconduct and encourage preventive reforms. Sanctions may include:
- monetary fines;
- compensation to victims, including individuals, legal entities, communities, or social groups harmed by corruption;
- confiscation of illicit proceeds;
- imprisonment of individuals responsible for corrupt conduct;
- restrictions on access to certain public services, such as export credits;
- suspension or debarment from public procurement;
- mandated corporate reforms (e.g., changes in leadership, governance systems, policies, or procedures);
- publication of judgments, potentially causing reputational damage.
A well-balanced system of incentives is needed to reward companies for adopting effective integrity and compliance practices. Incentives may include:
- reduced or waived liability, especially in cases of voluntary self-reporting and corrective action (e.g., Algeria offers mitigation for pre-prosecution disclosures; in the UK, companies can be exempt from liability if they demonstrate adequate preventive measures);
- creating corporate liability for failing to prevent corruption, thereby encouraging the implementation of safeguards;
- granting preferred supplier status in public procurement;
- offering privileged access to government benefits for companies with robust compliance programs;
- extending investment protections to businesses committed to integrity principles;
- certification of companies that implement best practices (although experts have already noted that such certification may carry risks of being superficial or even deliberately misleading in assessing the actual effectiveness of corporate anti-corruption efforts);
- public recognition of companies' contributions to anti-corruption efforts.
Other important state measures to promote integrity in the private sector, as outlined in the Guide, include:
- collective action initiatives that unite public authorities, businesses, civil society, and other stakeholders, including industry associations, anti-corruption coalitions, and public-private partnerships. For example, the Maritime Anti-Corruption Network (MACN), comprising over 180 companies, fosters collaboration and collective action based on shared anti-corruption standards;
- educational and outreach efforts targeting intermediaries, children, and youth to raise awareness about corruption and how to combat it;
- measures to promote inclusivity and gender equality, which help reduce misconduct and strengthen governance structures;
- enhancing transparency across all stages of the supply chain.
