Ethics and anti-corruption rules for defence contractors in Italy

Ethics and anti-corruption

When and how may former government employees take up appointments in the private sector and vice versa?

Public appointments are generally incompatible with positions dealing in private sectors, especially where the private sector is overseen by the public. The management of public functions and collaborations with the private sector should be maintained separately to guarantee the exclusive pursuit of the public interest without negative interference caused by private interests.

The legal framework permits former government employees to take up appointments in the private sector on the condition that they will renounce their public function with a set deadline of 15 days after the proposal.

How is domestic and foreign corruption addressed and what requirements are placed on contractors?

Even defence and security procurement fields are subject to bribery, at both the internal and international levels. The ANAC, in accordance with anti-bribery regulations, plays a central role in combating this negative aspect: it monitors the contract qualification system and the modality used to perform the contract, and the traceability of financial flows (as given in Determination No. 4 7/07/2010). Economic operators are required to commit themselves to transparency standards during the execution of activities related to defence and security procurement contracts, given that a lack of transparency constitutes a development of the ‘dirty market’ in which corruption is typically present.

What are the registration requirements for lobbyists or commercial agents?

To register as a lobbyist or commercial agent, a person must be resident in Italy, or have Italian nationality, or even be a national of a member state. Commercial agents are entitled to exercise their civil rights, and must have reached the age of majority. Concerning professional requirements, the applicant should present a secondary school diploma or a degree in economics and juridical subjects, or a certificate confirming successful attendance of a professional course recognised by the region. Moreover, the applicant should have experience as a sales employee and must have worked for a company for at least two years.

Are there limitations on the use of agents or representatives that earn a commission on the transaction?

According to article 1748 of the Italian Civil Code, commercial agents or representatives have the right to earn a commission, determined as a percentage on all transactions concluded after commercial agent intervention, and the counting criteria are established by the parties. There are no limitations if earnings are issued in accordance with the competent regulation.