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What are the OECD Guidelines

The "OECD Guidelines for multinational enterprises" (more simply, the "Guidelines") are a body lg.JPGof recommendations from the Governments that signed the OECD Declaration of 27 June 2000 on multinational enterprises, outlining “voluntary principles and standards for a responsible behaviour of businesses in fulfilling any applicable laws”.

Their purpose is to stimulate a positive contribution that multinationals can bring to the economic, environmental and social advance while minimizing the difficulties that may be determined by their different activities.

This body of recommendations has gradually evolved over time to adjust to the profound changes that have occurred in the world economic context: the growing globalization, the increasingly stronger interdependence of national economies, cooperation as a tool for stabilization and international balance. By signing the Guidelines, signatory Governments confirm the importance of multinationals and see their role as a potential economic development factor since they can transfer knowledge and technological capabilities, stimulate local entrepreneurial initiatives, make eco-sustainable investment, introduce improved work methodologies and advanced industrial models.

The Guidelines are aimed at facing the concerns arising from a rapid economic development affecting fundamental values such as the environment; the social and economic emancipation, the protection of the competition, by means of responsible conducts allowing to overcome the existing differences between the different legal frameworks, in favour of the society and of the sustainable development. 
Therefore, the scope of the "Guidelines for multinational enterprises" covers all production sectors and goes beyond multinationals to extend to the entire supply chain of companies and to SMEs.

The will to seek the widest possible scope of application of the "Guidelines", in fact, clearly emerges from the very definition of multinational enterprises, that is extremely broad, stating that they are "enterprises or other entities located in several Countries, connected in such a way that they can coordinate their operations in different ways”.
The application of the "Guidelines" should promote an in-depth dialogue between governments and businesses, with the participation and systematic involvement of labour unions, associations, non governmental organizations, representatives of civil society and all those who pursue the same aims as the “Guidelines” and/or are interested in their implementation. Also, to avoid an improper or distorted use of the "Guidelines", the signatory countries have accepted three commitments:

  • vis-à-vis businesses, to put in place behaviours aimed at ensuring that businesses follow the content outlined in the “Guidelines ";
  • vis-à-vis other Governments, not to use the "Guidelines" for the purpose of protectionism or to the detriment of a country’s comparative advantage, to make their legislation on multinational businesses compliant with international law, to cooperate in good faith and to use, if necessary, international mechanisms to settle any disputes resulting from the activities of businesses.
  • vis-à-vis themselves, to introduce effective internal mechanisms including a stable macroeconomic policy, a non discriminatory treatment of businesses, an adequate regulatory framework, a focused, prudential supervision, a justice as well as an unbiased law enforcement and an effective, honest Public Administration.

The promotion and appropriate application of the Guidelines is followed by the Italian National Contact Point. In Italy, the NCP was established by art. 39 L. 273/2002 and falls within the activities of the Ministry of the Economic Development, General Directorate for Production Development and Competitiveness.

The content of the “Guidelines for multinational enterprises"

The Guidelines cover the entire universe of business relations and activities. The text consists of three parts:

• Part I:
Part I describes the behaviours and practical methods that multinationals are supposed to adopt in their activities and in their relations with third parties, directly or indirectly involved with their operations. In particular, recommendations cover the following: Publishing information, Employment and Industrial Relations, Environment, Fight against Corruption, Consumers’ interest, Science and Technology, Competition, Fiscal issues.

• Part II:
Part II describes the structure and activities of bodies that play a key role for the proper application and circulation of the Guidelines, like the National Contact Points (NCPs) and the OECD Investment Committee. 

•Part III:
Part III comments on the previous sections, identifying the reasons underlying the recommendations and the purpose and aim of these latter.

Text of the "OECD Guidelines for multinational enterprises"