Working Group on Bribery in International Business Transactions (WGB) Mr. Drago Kos

1. What is the mission and mandate of your Committee?

The Working Group on Bribery was established to monitor and ensure compliance of its Member States visà-vis the OECD Convention against Bribery of Foreign Public Officials in International Business Transactions, and related legal instruments: the 2009 and 2021 Recommendation for Further Combating Bribery of Foreign Public Officials, the OECD Recommendation on Tax Measures for Further Combating Bribery, the OECD Recommendation on Bribery and Officially Supported Export Credits, the OECD Guidelines for Multinational Enterprises, the OECD Recommendation on Public Procurement, the OECD Recommendation on Guidelines on Anti-Corruption and Integrity in State-Owned Enterprises, Recommendation of the Council for Development Cooperation Actors on Managing the Risk of Corruption, the Recommendation of the Council on the OECD Due Diligence Guidance for Responsible Business Conduct and the Recommendation of the Council on Public Integrity.

2. You have been designated Committee Chair. What is your background, and what has convinced you to take up this post? How do you consider your background and experience contribute to such a role and function?

I am a lawyer with a State Bar Exam, previously acting as Chair of the similar body at the Council of Europe: the Group of States against Corruption (GRECO), which is a fact assisting me significantly in performing my current function. The publication of the position vacancy influenced my decision to apply.

3. What is your main priority as Chair?

To ensure equal treatment of all Member States in the monitoring process; and their highest possible level of compliance with the anti-corruption standards monitored.

4. How would you define the value added of your Committee in relation to the work of the OECD in an international context? How does it differ from other international fora dealing with the same topic?

Two things are characterising the WGB: monitoring a real enforcement of the OECD Anti-Bribery Convention in fighting foreign bribery and the fact that among all international monitoring bodies, it is the one pursuing the strictest process of monitoring (of the enforcement of the Convention). These features enable the WGB to achieve its main goal, which is to level the playing field in international commerce for all companies of the world. That goal supports the general goals of the OECD and of all other OECD committees since bribery is undermining all of their efforts in their respective areas of competence and by fighting it, the WGB adds its part to their effectiveness.

5. Are you facing any specific major challenge derived from the current multilateral environment?

In the last years some countries are trying to avoid multilateralism and revert back to excessive expressions of their sovereignty in all its forms, including in the area of fighting foreign bribery. From time to time, that makes our joint efforts in fighting foreign bribery in the Working Group a very difficult task.

6. How do you encourage, and ensure that national experts engage productively in the work of your Committee?

National experts are members of the countries’ delegations and evaluation teams. As such it is expected from them that they will take active part in the Group’s sessions and actively participate in the process of examination of their peers, including in on-site visits, as well as in the drafting, defending and adoption of evaluation reports; and that makes them responsible for their content. This alone ensures their full engagement in the work of the WGB.

7. How do you help maximise policy coherence through the work of the Committee?

Through strict application of my priorities listed above and through strict implementation of the WGBs’ very focused mandate, which makes it fairly easy to ensure constant policy coherence – on condition that Member States participate sincerely in the activities of the Group and the pursuit of its goals, which is generally almost a rule.

8. How do you ensure effective decision making by the Committee?

Through the quality of the decisions proposed and the “all minus one” principle of voting, whereby countries whose reports are being debated, cannot vote on those reports. High expertise of participating delegates and lead examiners and their willingness to discuss openly all, even the most sensitive issues, makes a very solid ground for the effective processes in the Group.

9. Could you mention the most important documents/reports that your Committee/Group has issued in the last 2 years? Why are these important, and what has been their impact?

By far, the most important document we delivered, was the 2021 Recommendation for Further Combating Bribery of Foreign Public Officials, which enhances the existing and introduces new standards in fighting foreign bribery. Despite the Covid-19 pandemic we also adopted many evaluation reports over the last two years. Of course, we also engaged in standard-setting in cooperation with other OECD Working Parties in order to produce joint Recommendations.

10. How can you encourage synergies between policy communities?

Through breaking the silos, through open and frank exchange of information on the work planned and done, through close co - operation in achieving common goals and through elimination of (subjective and objective) feelings of competition among different policy communities.

11. How do you see the role played by the Secretariat?

The Secretariat has an extremely important role in functioning of the WGB as a monitoring body, supporting and very often also guiding and streamlining its activities in the sense of preparation of ideas and documents for the adoption by the Group. It is additionally burdened by the workload arising from its embeddedness in the wider OECD, which sometimes also has different ideas on how to approach corruption problems in the world.

12. In relation to the standard-setting role, what do you suggest to maintain the relevance and impact of OECD standards over time? Which areas need strengthening?

Relevance and impact of adopted standards can only be achieved through their regular review and enhancement. In addition, the OECD and its Working Parties should deliberately devote some time annually to exploring new areas of/ideas for engagement and to breaking strong silos, which still exist the OECD.

13. How have you ensured a contribution of your actions or influence to continuous improvement within the Organisation?

The fight against foreign bribery is a very sensitive issue, which might lead to unnecessary negative exposure of our Member States. If the latter do not believe that activities of their Chair are directed exclusively towards fulfilment of the mandate of the Working Party and towards equal treatment of all states, there will never be room for any improvement. As it develops a climate of mutual trust, equal engagement of all Member States has to be ensured, followed by the enhancement of their readiness and responsibility for improvements in all areas within the mandate of the WGB.

14. What are the practical implications of the work of your Committee/Group?

The adoption of new and changes in the existing legislation, development of the institutional set-up of our Member States for fighting bribery and ensuring effective investigations, prosecutions and adjudications of foreign bribery offences in practice are all elements, significantly enhancing the enforcement of our basic legal text, the OECD Anti-Bribery Convention.

15. What would be your key advice for a person taking up the post of Chair of an OECD Committee/ Group?

To ensure the global approach in fighting foreign bribery, to find a proper balance between interests of the Member States, interests of the OECD, the role and abilities of the Secretariat and his/ her own priorities, all accompanied by absolutely equal treatment of all Member States.