The Council of Europe’s Group of States against Corruption (GRECO), in a report published today, calls on the United States to pursue its efforts to promote the integrity of persons entrusted with top executive functions, and as regards the personnel of the Federal Bureau of Investigation (FBI).
GRECO notes that comprehensive legislation is implemented by the United States to promote integrity and prevent corruption in the Executive Branch through a robust institutional mechanism. The first National Anti-Corruption Strategy, adopted in 2021 represents a significant step in addressing corruption overseas. GRECO considers that a similarly strategic approach with an overarching anti-corruption strategy for the Executive Branch would be beneficial to tackle domestic corruption and integrity risks. The criminal and civil anti-bribery statutes and regulations containing the rules of ethical conduct apply to nearly all persons in top executive functions. GRECO notes that the President and the Vice-President are exempt from most of the statutory and regulatory provisions on conflicts of interest and integrity. With this in mind, GRECO recommends that, in addition to declaring their interest, the President and the Vice President should resign from any external positions and divest potentially conflicting assets prior to assuming office. They should also be subject to the accountability mechanisms set in the applicable statutes. Further, GRECO stresses the need to ensure continuous applicability of ethics’ pledges signed by senior presidential appointees, some of which have been revoked in the past. In addition, all presidential appointees to the White House should be subject to anti-nepotism provisions applicable elsewhere in the Executive Branch.
Lobbying plays a substantial role in the decision-making process and is well regulated. Greater transparency is needed as regards contacts of persons in top executive functions with lobbyists and other third parties seeking to influence decision-making, and risks relating to revolving doors in the Executive Branch should be thoroughly examined to further strengthen the system, as necessary. Finally, GRECO calls to resolve the backlog of requests for public information under the Freedom of Information Act.
As regards law enforcement, the report focuses on the FBI the primary investigative arm of the federal government with the broadest investigative authority. GRECO notes robust anti-corruption and integrity policies, tools, and processes put in place by the FBI as regards recruitment, initial and continuous vetting, training and advice, as well as career advancement, coupled with considerable resources dedicated to effective implementation of the anti-corruption framework across the organisation. In GRECO’s view, a dedicated FBI anti-corruption strategy would be beneficial in terms of signposting the priorities for action in this domain. Further, organisational and state security vulnerabilities arising when FBI employees move to the private sector need to be addressed more comprehensively. In this context, a clear understanding of risks and efficient measures to mitigate such risks are needed. Whistleblowers within the FBI need to be provided with adequate procedural rights, including a judicial review of whistleblower complaints and effective protection against retaliation, in line with that offered to most federal employees under the Whistleblower Protection Act. Finally, the representation of women and other underrepresented groups at all levels in the FBI should be further strengthened, in line with the FBI diversity and inclusion policy.
The implementation of the recommendations addressed to the United States will be assessed by GRECO in 2025 through its compliance procedure.
