ACAs are frequently mandated to implement and/or enforce elements of corruption preventive regimes. In this chapter we discuss the regimes that fall most commonly under the mandate of specialized ACAs. The chapter is not exhaustive, as there may be other regulations not mentioned here.
Public ethics, conflicts of interest and gifts
ACAs generally promote public ethics, which requires the enforcement of regulations related to conflicts of interest (CoI) and gifts, as well as the drafting and promotion of codes of ethics. “CoI involves a conflict between the public duty and the private interest of a public official, in which the public official’s private-capacity interests could improperly influence the performance of their official duties and responsibilities” (OECD, 2005). The effective management of CoI requires an adequate legal framework. Most countries strive for a higher degree of transparency with regard to the private lives of public officials.
It is important to highlight that CoI situations cannot be simply avoided or banned/outlawed; most of the more subtle forms of CoI will not be covered through a regulation. CoI management must therefore be mainstreamed in organizations’ day-to-day management practices, along with building individual capacity for recognizing and managing CoI.