This Anti-Corruption Helpdesk brief was produced in response to a query from a U4 Partner Agency. The U4 Helpdesk is operated by Transparency International in collaboration with the U4 Anti-Corruption Resource Centre based at the Chr. Michelsen Institute.
Query
When establishing new public law enforcement agencies or regulatory bodies in Georgia – for example competition agencies, sanitary and phytosanitary regulatory agencies etc. – how can donors make sure to include anti-corruption measures in their design? Please give some examples of best practices.
Purpose
The purpose of this query is to provide examples of best practices for the integration of anti-corruption in the design of new public law enforcement / regulatory agencies. This information was requested due to the need to establish new regulatory agencies in Georgia to fulfil EU requirements for deep and comprehensive free trade agreements.
Content
1. Introduction: Brief overview of the regulatory context in Georgia
2. Corruption risks in regulatory agencies: Issues and safeguards
3. International best practice example: OECD Regulatory Impact Analysis
4. Further reading
5. References
Summary
Agencies tasked with regulating business and ensuring the functioning of markets help devise and enforce rules and regulations related to a broad range of issues. These include safeguarding product safety and consumer protection to ensuring market stability and transparency, equitable access to infrastructure, fair competition, or security of supply. Along with this important remit as rule-makers, guardians and arbiters, regulatory agencies can become lucrative targets for undue influence and other forms of corruption.
This expert answer first charts some of the corruption risks that regulatory agencies face, discussing remedies suggested in the literature. A focus is placed on regulatory agencies in general, rather than sectorspecific agencies. It is found that ensuring independence, autonomy and accountability of regulatory agencies are the most crucial components to mitigate corruption risks.
The final section of the query describes some features of the OECD Regulatory Impact Analysis initiative as an example of an international best practice mechanism that provides guidance on building effective and robust regulatory agencies with low corruption risks.
Authors
Farzana Nawaz, Transparency International, [email protected]Reviewers
Dieter Zinnbauer Ph.D., Transparency International, [email protected]Date
12/04/2010
