ABOUT OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES
OECD guidelines for multinational enterprises are recommendations provided by the country as for responsible business dealing with multinational enterprises. They represent voluntary standards and principles that cover a range of topics including human rights, employment, environment, disclosure of information, anti-corruption principles and taxation.
The Government that follows the OECD Guidelines should establish a National Contact Point (NCP) to help in expansion of Guidelines among the companies and handle complaints about “specific cases” of unlawful conduct of companies.
- OECD Regulations on the activity of multinational enterprises of transnational corporations (TNCs), hereinafter referred to as the Guidelines, are recommendations of the governments of the countries in which TNCs operate. They consist of principles and standards of advisory nature for responsible business in accordance with applicable laws. The guidelines are aimed at ensuring that operation of such enterprises is in line with government policies aimed at strengthening the foundations of mutual trust between the corporations and societies in which they operate, helping to improve the foreign investment climate and increase the contribution of TNCs to sustainable development. The Guidelines are a part of the OECD Declaration on International Investments and Multinational Enterprises, which also refers to the national regime, collision requirements for corporations and international investments: direct and portfolio ones.
- The Guidelines define the principles of voluntary actions and standards of responsible business conduct in accordance with applicable legislation, and are the standards recognized in the world. However, countries that adhere to the Guidelines are committed to implement them in accordance with the OECD Council Decision on the OECD Guidelines for Multinational Enterprises. In addition, issues covered by the Guidelines may also be the subject of the national legislation and international obligations.
- International business has undergone profound structural changes and the Guidelines themselves have been designed to reflect these changes. With the growth of services and intellectual property selling, and the development of the Internet-based economy, services and technologies have entered the international market. Large corporations still hold a large share of international investments, and there is a tendency towards their large-scale merger at the international level. At the same time, the share of foreign investments of small and medium-sized corporations has also increased, and these corporations today play an increasing role in the international market. Both TNCs and their affiliates have extended their influence to a wider range of business relationships and organizational forms. Strategic alliances and closer contacts with suppliers and contractors lead to erasure of the corporation’s boundaries.
- The rapid change in the structure of TNCs also affects their activities in the developing world, where the number of direct foreign investments is growing rapidly. In the countries the TNCs have increased the range of products supplied to the market of primary products, they work in the extraction industry, technology and service market. The emergence of multinational enterprises operating in developing countries, as major international investors, is another significant phenomenon.
- The activity of TNCs, through international trade and investments, has intensified and deepened ties that connect countries and regions with other countries of the world. This activity brings substantial income to the countries in which corporations operate and the countries in which corporations are registered. These revenues grow, when TNCs deliver competitive products and services to the market, and when they provide the individuals who invest in this business the revenues they are counting on. Their trade and investment activity contributes to the efficient use of capital, technology, human and natural resources. They facilitate the transfer of technologies among the world regions and the development of technologies reflecting local conditions. Through formal and on-the-job training, the corporations also contribute to the development of human resources capital and create opportunities for employment in host countries.
- The nature, scale and speed of economic changes have become the reason of new strategic requirements for corporations and their shareholders. TNCs have the opportunity to apply the best practical policy for sustainable development, the policy that would ensure harmonization of public, economic, social and environmental interests. The potential of TNCs to ensure sustainable development is greatly enhanced when they are guided in their trade and investment activity by the principle of open, competitive and properly regulated markets.
- Many TNCs have shown that respect for high standards of business conduct can increase the growth. Today’s competing forces are quite intense, the appearance of TNCs is changing depending on the legal, social and political situation of the world. In such a situation, some corporations may be interested in the ability to act in accordance with lower standards and conduct principles, trying to win through inappropriate, anti-competitive advantages. Such a practice, carried out by several TNCs, can raise the issue of the reputation of many TNCs and arouse public interest. Many corporations, responding to similar public interest, develop internal programs, manuals and management systems that are designed to organize the citizens working for the corporation for proper handling of business and personnel management. Some of such programs have led to the need for advisory, audit and notarial services, which contribute to the accumulation of experience in those areas.
- The companies also conducted a social dialogue on responsible conduct issues and worked with stakeholders, including in the context of multilateral initiatives, in order to develop a manual on responsible business conduct. The Guidelines share expectations of the governments of different countries from the activities of the corporation and are the starting point for organizing their activities for corporations and other stakeholders. Therefore, the Guidelines are amended and elaborated individually to determine and continue to adhere to the principles of responsible business conduct.
- The governments cooperate with each other and with other participants to strengthen international legal and political frameworks in which business is conducted. The beginning of this process can be attributed to the work of the International Labor Organization (ILO) at the beginning of the 20th The adoption of the Universal Declaration of Human Rights by the United Nations (UN) in 1948 was another landmark event. This case was extended by the further development of standards relevant to many aspects of responsible business conduct – and this process is still going on. The OECD has made a significant contribution to this process by developing standards that cover environment, anti-corruption, consumer protection, corporate management and taxation.
- The common aim of the governments adhering to the Guidelines is to support the positive contribution that TNCs can make to economic, environmental and social progress and minimize the difficulties that may arise as a result of their various operations. Working in this direction, the governments cooperate with many firms, trade unions and other non-governmental organizations that work to achieve the same goal, but use their own ways to resolve the problem. The governments can help by establishing the effective public policy framework focusing on sound macroeconomic policies, elimination of discrimination against enterprises, application of appropriate state regulation and control, the impartial system of courts and legal coercion, and competent and honest state power. The governments can also help in resolving the issue by adopting and enforcing relevant standards and policies aimed at adhering to sustainable development, and by taking on the responsibility to ensure that this sector of government activities is competent and effective.
The governments adhering to the Guidelines undertake to keep on the continuous improvement of domestic and international policies to improve the well-being and living conditions of all people.
- The Guidelines are recommendations addressed by the governments for TNCs. They establish principles and standards of good faith practice that are consistent with applicable law and internationally recognized standards. Compliance with the Guidelines by corporations is voluntary and shall not be provided by force of legal coercion, however, some issues covered by the Guidelines may also be governed by the national law or international obligations.
- Compliance with national legislation is the primary responsibility of enterprises. The Guidelines do not substitute it, but they should not be taken over by the national regulatory framework. Although the Guidelines in many cases go beyond the scope of law, they should not and do not intend to put the enterprise in a situation where it faces conflicting requirements. However, in countries where the regulatory framework is contrary to the guidelines and standards, enterprises should find the ways to adhere to these principles and standards to the fullest extent and in such a way that they do not violate the national legislation.
- As TNCs activity is spreading all over world, international cooperation in this area should cover all countries. The governments adhering to the Guidelines encourage their compliance by corporations operating in their territories, while taking into account specific features of each country in which TNCs operate.
- The precise definition of TNCs is not required for Guidelines purposes. Such enterprises operate in all sectors of the economy. It usually refers to companies or other entities located in more than one country and linked to each other in such a way that it allows them to coordinate their activities in various ways. When one or more of these entities can have a significant impact on the activities of others, their degree of autonomy within the corporation may vary significantly depending on the type of corporation. The ownership of TNCs may be private, public or mixed. The Guidelines are addressed to all legal entities within the TNCs (parent companies and/or local affiliates). According to the current distribution of responsibilities between them, different branches can rely on collaboration and assistance from other affiliates to facilitate compliance with the Guidelines.
- The Guidelines are not intended to represent differences in attitudes towards multinational and national corporations; they reflect good faith practices for all of them. Thus, the activities of transnational and national corporations are equally respected and are equally the subject of the Guidelines regulation.
- The governments encourage the compliance with the Guidelines as much as possible. While it is recognized that small and medium-sized enterprises may not have the same opportunities as large corporations, the governments that support the Guidelines, nevertheless should encourage the companies mentioned above to adhere to the Guidelines to the fullest.
- The governments that comply with the Guidelines should not use them for protection purposes or use them in a way that could raise the issue of the comparative advantages of each country in which TNCs carry out their investment activity.
- The governments have a right, within their jurisdiction, to determine the conditions under which TNCs should conduct their activities that are the subject of the international law. TNC affiliates located in different countries should comply with the laws of such countries. When there is a situation in which TNCs are the subject of conflicting requirements of the countries that have joined the Guidelines or the third countries, the governments of these countries are encouraged to cooperate for the purpose of the most equitable solution to problems that may arise in such area.
- The governments adhering to the Guidelines shall apply them taking into consideration that these Guidelines will impose on them the duty to treat corporations impartially and in accordance with the international law and their contractual obligations.
- The use of appropriate international disputes settlement mechanisms that include arbitration is encouraged as the way of facilitating the resolution of legal issues between corporations and the governments of host countries.
- The governments adhering to the Guidelines will implement them and encourage their use. They committed to establish National Contact Points that would be required to implement the Guidelines and be the focal point for discussing all issues related to the Guidelines. The joined governments will also be involved in the necessary revisions of the Guidelines and the consultation procedures for interpreting the Guidelines in the light of the changing world.
Enterprises should take into account the policies of the states in which they operate and consider the interests of their shareholders. Accordingly:
A. Enterprises should adhere to the following:
- Promote economic, social progress and progress in the field of environment in order to achieve sustainable development.
- Respect internationally recognized human rights in their activity.
- Promote local abilities through close cooperation with the local community, including trade interests, as well as the development of the corporation’s activities in local and foreign markets, consistent with the requirements of legitimate commercial practices.
- Encourage the formation of human resources capital, in particular by creating opportunities for employment and facilitating access of staff to training.
- Refrain from seeking and obtaining benefits that are not in line with laws or other regulations related to human rights, environmental issues, health, safety, labor, taxation, finance or other issues.
- Maintain and adhere to corporate management principles, develop and apply good corporate management practices that are applied to groups of enterprises as well.
- Develop and implement effective practices of self-regulation and governance that promote confidentiality and mutual trust between corporations and the society in which they operate.
- Bring the company policy to the attention of employees of the multinational companies by appropriately extending this policy, including through training programs.
- Refrain from discrimination or disciplinary actions against employees who submit (bona fide) lawful appeals to the administration or, as the case may be, to competent state authorities, regarding actions of the firm that contravene the law, the Guidelines or the company policy.
- Carry out a due diligence process to assess risks, for example by introducing risk management systems at the enterprise for their identification, prevention and mitigation of actual and potential adverse impacts as described in paragraphs 11 and 12, and considering how these impacts are being solved. The nature and scale of due diligence depends on the circumstances of the particular situation.
- Avoid creation or strengthening of adverse impacts in cases covered by the Guidelines through their own actions and to take measures to overcome such impacts when they occur.
- Aim to prevent or mitigate adverse impacts when not provoked by their actions, but despite this, such impact is directly related to the operational activity of the enterprise, products or services through business relations. It is not intended to transfer responsibility from a legal entity that has a negative impact on the business with which such legal entity has business relations.
- In addition to addressing the negative impacts within the scope of the Guidelines, encourage, when possible, the efforts of business partners, including suppliers and subcontractors, to apply the principles of responsible business conduct consistent with the Guidelines.
- Join efforts with relevant stakeholders to ensure that their views on planning and decision making regarding projects or other measures that can have the significant impact on local communities can be taken into account.
- Refrain from any unlawful interference with political activity at the local level.
B. Enterprises are encouraged to do the following:
- Provide support, according to their own circumstances, joint efforts within certain forums to stimulate freedom in the Internet, respecting the freedom of opinions expression, freedom of assembly and association in the on-line mode.
- Participate or support, where appropriate, private or multilateral stakeholder initiatives and social dialogue on responsible supply chain management, ensuring that such initiatives take due account of their social and economic implications in developing countries, and take into account applicable, internationally recognized standards.
Corporations should ensure that timely and accurate information on all material aspects of their activities, structure, financial status, various achievements, ownership and management is publicly available. This information should be open for the corporation as a whole, and, if appropriate, with regard to the business network and the scope of distribution. The open corporation policy should be in line with the nature, size and location of the corporation, with due respect for costs, commercial secret and other competition issues on the market.
- The information disclosure policy of enterprises should contain material information, but not be limited to it, with regard to the following:
a) Results of financial and operational activity of the enterprise;
b) Objectives of the enterprise’s activity;
c) Major shares of ownership and voting rights, including the structure of the group of enterprises and interconnections within the group, as well as the mechanisms for control strengthening;
d) Remuneration policy for board members and senior executives as well as information on board members, including their qualifications, selection process and other management positions of the company, as well as whether each member of the board is regarded by the board as an independent person;
e) Transactions with affiliated parties;
f) Envisaged risk factors;
g) Issues about employees and other stakeholders;
h) The structure of corporate management and policy, in particular, the content of any corporate code of management or policy and the process of their implementation.
- Enterprises are advised to provide additional information that may include the following:
a) declarations about values or business conduct intended for the public announcement, inclusively, and depending on the relationship with the enterprise’s activity, with information about the company’s policy regarding the aspects covered by the Guidelines;
b) policies and other standards of conduct that the company is guided by, the date of their adoption, and the countries and legal entities such documents are related to;
c) results of the implementation of such policies and standards of conduct;
d) information on internal audit systems, risk management and compliance with legal requirements;
e) information on labor relations with employees and other stakeholders.
- Enterprises should use high quality standards to disclose financial and non-financial information, including the environment and social policy. The standards or policies on which information is collected and published should be described. The annual audit should be performed by an independent, competent and qualified auditor in order to ensure that both the Board of Directors and shareholders receive the external objective confirmation that the financial statements present fairly the financial status and performance of the enterprise in all material aspects.
The countries are obliged to protect human rights. Enterprises, within the framework of internationally recognized human rights, international human rights obligations in the countries in which they work and, taking into account the national legal framework, should:
- Respect human rights, that means that they should avoid violations of human rights by others and should seek solutions to the situations in which they were exposed as a result of adverse impacts connected with human rights.
- In the context of their own activity, to avoid causing adverse impacts associated with human rights or promoting them, and find the solution for situations provoked by such influences.
- Find the ways to prevent or mitigate adverse impacts of human rights situations that are directly related to their business, products or services within business relationships, even if they are not causing such impacts.
- Have a commitment in the policy regarding the respect of human rights.
- Exercise due diligence on human rights in accordance with their scope, nature and context of their activities, as well as the degree of risk associated with adverse impacts on human rights.
Provide and cooperate, within the framework of legitimate processes, for legal protection against negative impacts in the field of human rights to which they are involved or which are caused by them.
- Corporations should, within the framework of applicable law, regulation and predominance of labor relations and employment practices and acceptable international labor standards, do the following:
a) Respect the right of employees working in a multinational enterprise, to create trade unions and representative organizations, or to join them, at their own discretion;
b) Respect the right of employees working in a multinational enterprise, to create trade unions and representative organizations of their choice, recognized for the purposes of the collective bargaining and engage in constructive negotiations individually or through associations of workers with such representatives in order to reach the agreement on working conditions;
c) Promote effective abolition of child labor, resort to immediate and effective measures to ensure prohibition and elimination of the worst forms of child labor, and perceive this as an urgent matter;
d) Promote elimination of all forms of forced or compulsory labor and to take adequate steps to ensure that forced or compulsory labor does not exist in their operations;
e) Be guided in its activity with the principle of equal opportunities and attitude in the framework of labor relations and never let discrimination against its employees on such grounds as race, skin color, gender, religion, political beliefs, ethnic or social origin or other status, if the selection is not carried out in respect of the employees’ characteristics established by the government policy that specifically encourages higher qualification, working skills or refers to the integral work requirements.
- a) Provide such facilities to employee representatives, as may be necessary to facilitate the development of effective collective bargaining practices;
b) Provide information to employees representatives that is necessary for negotiating working conditions;
c) Provide information to employees and their representatives, which would give them the opportunity to learn the truth and form a fair view of the essence of the company or, if possible, the corporation as a whole.
Promote consultations and cooperation between employers, employees and their representatives on issues of importance to both parties.
- a) Adhere to labor and industry standards not less favorable than those of employers of the same level in the host country;
b) When multinational companies operate in developing countries, where there may not be employers with whom it is possible to compare, provide the best possible wages, benefits package and working conditions within the framework of the state policy. They should be in line with the company’s economic position, but be at least adequate to meet the basic needs of employees and their families;
c) Take the necessary measures to ensure health and safety of employees at work.
- In their activities, in order to ensure the greatest probability of achieving the objectives, TNCs should employ personnel from the local population and arrange their training in order to increase the level of skills, in cooperation with the representatives of the employees and, if possible, in cooperation with the relevant authorities.
- Take into account changes in activities that may affect employment, in particular, in the event of the closure of a branch of an enterprise involving the stoppage of production or dismissal of employees. The companies should, within a specified period, inform employees of such changes and, when necessary, inform the appropriate authorities and cooperate with the aforementioned representatives of employees on possible ways of mitigating the negative consequences. Depending on the circumstances of the case, it would be correct that management could communicate such effects before the final decision is made. Other means can also be used to ensure cooperation between employers, employees and authorities to prevent negative consequences of decisions.
- During bona fide negotiations with representatives of employees on conditions or when employees exercise the right of association, the administration of TNC should not threaten them with moving all or a part of the working units from one country to another, moving them from one branch of the corporation to another located in the other country, to influence the resolution of such disputes by unfair means or to prevent employees from exercising their right to association.
- Enable authorized representatives of employees at their place of work to negotiate the conclusion of the collective bargaining or management in the field of labor, which allows the parties to consult on issues of common interest with representatives of the administration who have the authority to make decisions on such issues.
Transnational corporations have, in accordance with the laws, regulations and administrative practices of those countries where they operate and in accordance with valid international agreements, principles, goals and standards, to take due account of the need for environmental protection, health and safety of citizens and to conduct its activities in such a way as to contribute to the achievement of the broader goal of sustainable development. In particular, corporations should:
- Organize and maintain the system of environmental protection, including:
a) collecting and evaluating adequate and timely information on the protection of the environment, health and safety of their activities;
b) setting tasks and objectives for more effective environment protection and resource utilization where appropriate. Indicators should reflect relevant national policies and international environmental commitments;
c) conducting regular monitoring and verification of the progress in the field of environment protection, health and safety.
- Taking into account appeals related to the cost, confidentiality and protection of intellectual property rights:
a) provide adequate and timely information to the public and employees in such a way that it can be measured and checked (where applicable) of the possible consequences of the TNC’s environmental, health and safety activities, which may include progress reports regarding environment improvement;
b) participate in appropriate and timely communications and public consultations that directly relate to the policies of corporations on the environmental, health and safety issues and their implementation.
- Evaluate the possible consequences for the environment, human health and safety policies associated with the production, goods and services of corporations throughout their lifetime, and send decisions to the relevant authorities in order to avoid or, if it is not possible, mitigate them. In cases where the alleged activities of TNCs can have a significant impact on the protection of the environment, on the health and safety of citizens, it shall be the basis for the need of authorization of such activities by the competent authorities.
- Understand the hazard of their actions, both of scientific and technical nature, in cases where there is a threat of serious damage to the environment, taking into account the health of people, safety, do not use the lack of complete scientific proof as a reason for the non-use of economically justifiable means to prevent or minimize such damages.
- Approve programs for prevention, minimization and control of the damage to the environment and health as a result of their activities, including due to the accidents and emergencies, and have the mechanisms for the prompt notification of the competent authorities.
- Constantly look for new opportunities to improve their environmental activities at the level of the enterprise and supply chain, by encouraging, where possible, such activities as:
a) introduction into production of new technologies and operational processes in all parts of the corporation, reflecting the standards of environmental protection, applied in the best part of the corporation;
b) development and promotion of goods and services that do not have a harmful effect on the environment; are safe in direct application; reduce greenhouse gas emissions, efficient in the use of energy and natural resources; can be reused, recovered or safely disposed;
c) promotion of the higher level of consumer awareness of the environmental impact caused by the use of products and services of the corporation, including providing accurate information about their products (e.g. greenhouse gas emissions, biodiversity impacts, resource efficiency or other environmental issues);
d) search and assess ways to improve long-term environmental impacts, for example by developing emission reduction strategies, efficient use of natural resources and recycling, replacement or reduction of toxic substances use, or strategies aimed at preserving biodiversity.
- Provide appropriate professional training for the staff involved in the field of environment protection on the issues of environment, health and safety, including correct handling of hazardous materials and prevention of environmental accidents, as well as on more general environmental management, such as environmental impacts of applied processes, public relations and environmental technologies.
- Contribute to the development of technologies that are primarily related to environmental protection and cost-effective policy in this area, for example through partnerships and initiatives that increase environment protection and public awareness in this area.
Corporations shall not, directly or indirectly, propose, promise, give or demand bribes or any other non-envisaged remuneration for the development or restraining of production or other illegal remuneration. Enterprises should also resist harassment or extortion of bribes. In particular, corporations are obliged to do the following:
- Not to propose, promise or give inappropriate monetary or other benefits to officials or employees of business partners. Similarly, enterprises should not encourage the provision of, should not accept or receive inappropriate monetary or other benefits from governmental officials or employees of their business partners. Enterprises shall not use third parties — agents or other intermediaries, consultants, representatives, distributors, consortiums, contractors and suppliers, as well as the partners in joint ventures — for sending inappropriate monetary or other benefits to civil servants or employees of their business partners, or their relatives or other people who are involved in this business.
- Develop and implement adequate mechanisms for internal control, ethical conduct and compliance programs, or measures for the prevention and detection of bribery, based on the assessment of the risks inherent in the particular circumstances of the company’s operation, in particular the risks of bribery faced by the enterprise (for example, its geographical location and economic sector). Such internal control mechanisms, ethical codes and legislative requirements or measures should include the system of financial and accounting procedures, including the system of internal control designed to ensure true and accurate accounting books, records and accounts in order to guarantee that they cannot be used for the purpose of bribery or concealment of bribery. Such individual circumstances and the risks of bribery are subject to regular monitoring and should be reassessed as necessary to ensure that internal control mechanisms, ethical conduct programs and compliance with legislative requirements or measures are adjusted and continue to be effective, and to mitigate the risk for the enterprises to be involved in bribery, harassment or extortion of bribes.
- Prohibit or resist, through internal control mechanisms, ethical codes of conduct and enforcement of legislative requirements or measures, the use of small amounts of incentives, which are usually illegal in the countries where they are committed, and when such payments are received, accurately record them in the accounting books and financial records.
- Provide, taking into account the specific risks of bribery for a particular enterprise, the appropriate documentation of the due diligence procedure for hiring and appropriate regular oversight of agent remuneration be appropriate and only for legitimate services. Where possible, a list of agents involved in operations with public entities by state-owned enterprises should be kept and made available to competent authorities in accordance with applicable public disclosure requirements.
- Increase the openness of its activities in anti-bribery, anti-harassment and anti-extortion activities. Measures may include public announcements of measures against bribery and extortion, disclosure of management systems and systems of internal control, programs or measures for ethical conduct, and compliance with the legal requirements that the company has adopted for such activities. Enterprises should also encourage openness and dialogue with the public in order to promote the awareness and cooperate in combating bribery, harassment and extortion.
- Increase the awareness of their employees on the provisions of internal control, programs or measures on ethical conduct and compliance with legal requirements to take measures to combat bribery by claiming bribery and extortion through the dissemination of such measures, as well as through special training and adoption of appropriate programs or measures and disciplinary procedures.
- Do not make unlawful contributions in favor of candidates for public posts or political parties or any other political organization. Contributions for political purposes should fully comply with the requirements of public openness and should be communicated to the top administration.
When dealing with consumers, the enterprises should act in accordance with integrity, market and advertising practices and should take all necessary steps to ensure the reliability and quality of their products and services. In particular, they should:
- Ensure that all goods and services produced by them comply with all safety and health standards of the buyers established or required by law, including those relating to the health and safety of the goods, and have information labels.
- Provide accurate, verifiable information that is transparent enough to allow the buyer to make the right choice, including information on prices and, where appropriate, ingredients, safe use, environmental properties, repair, storage and disposal of goods and services. Where applicable, such information should be provided in a way that improves the ability of the consumer to compare.
- Provide consumers with access to honest, user-friendly, timely and effective out-of-court settlement of disputed issues and mechanisms of reimbursement, without any extra payments or reimbursements.
- Do not make any representations or assumptions in work, not to participate in any other activity that is deceptive, fraudulent or illegal.
- Support efforts to develop consumer awareness in the areas relevant to their activities, with the aim, among other things, of improving the ability of consumers: to make informed decisions about complex goods, services and markets; b) better understand the economic, environmental and social impact of their decisions; maintain sustainable consumption.
- Respect the identity of the buyer and take reasonable steps to ensure the protection of the personal data they collect, store or distribute.
- Fully cooperate with the authorities in order to prevent and combat misleading marketing practices (including advertising that provides inaccurate information and fraud in the field of trade) and reduce or prevent severe health or environmental damage caused by consumption or disposal of their goods or services.
- In applying the above principles, consider: a) the needs of vulnerable groups or consumers in difficult circumstances; b) specific problems that consumers may face in e-commerce.
- Where possible, ensure that their activities are in line with scientific and technological policy (S&T) and plans of the countries in which they operate, and are an appropriate contribution to the development of local and national innovations.
- Exercise where applicable, within the framework of its work and practice, the export and extension of new technologies and know-how with due care for the protection of intellectual property rights.
- Where possible, provide scientific and technical work in the host countries to meet the needs of the local market, and also involve the personnel of the host country into S&T and communicate it taking into account commercial needs.
- When granting a license for the use of intellectual property rights or other technology transfer, they should do so within reasonable time and under reasonable conditions, and in such a way so that to contribute to the sustainable long-term development of the host country.
- When meeting business objectives, develop links with local universities, research institutes and participate in collaborative research projects with local industry or industrial associations.
- Conduct their activity in accordance with applicable laws and regulations on competition, taking into account competition laws of all other jurisdictions in which their activities may have anti-competitive effects.
- Refrain from entering anticompetitive agreements between competitors or executing them, including the following arrangements:
a) fixing of prices;
b) falsification of surcharges;
c) setting limits or quotas;
d) division of markets, distribution of buyers, suppliers, territories or sections of trade.
- Collaborate with authorities investigating, inter alia, competition with enforcement of applicable legislation and respective guarantees by responding as quickly as possible to their inquiries and taking into account the use of available tools such as denial of privacy, where applicable, in order to facilitate effective and efficient cooperation with investigating authorities.
- On regular basis, ensure proper awareness of their employees on the importance of coordinating their activities with the relevant laws and regulations related to competition regulations, and, in particular, conduct training for the top management of the enterprise on competition issues.
- It is critical for corporations to financially support the countries in which they are located by due payment of all their tax obligations. In particular, enterprises should adhere to the letter and spirit of laws in all countries in which they operate. Adherence to the spirit of the law means identification and following the intentions of the legislator. It does not require the company to pay amounts higher than those required by law in accordance with its interpretation. Fulfillment of tax requirements includes: providing relevant authorities with necessary information to correctly determine the amount of tax calculated according to their operations, and agreement of the set conditions of the activity under the rule of raised hand.
- Enterprises should treat tax management and tax compliance as important components of their supervisory and risk management systems in a broader sense. In particular, corporate governance should adopt tax risk management strategies to ensure that the financial, regulatory and reputational risks associated with taxation are fully identified and evaluated.