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Lobbying : l’équipe d’Obama dévoile des règles éthiques approfondies

Publié 14 novembre 2008
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Barack Obama a promis de limiter l’influence des lobbyistes sur les prises de décision de Washington. C’est ce qu’a annoncé le 11 novembre John Podesta, co-chef de l’équipe de transition du président américain élu, reflétant l'actuelle campagne de transparence similaire au sein des institutions européennes.

Unveiling what the Office of the President-elect describes as "the strictest and most far-reaching ethics rules of any transition team in history" at the team's headquarters in the US capital, Podesta said Obama had vowed "to change the way Washington works". 

Under the new rules, federal lobbyists "cannot contribute financially to the transition" and are "prohibited from any lobbying during their work with the transition". A gift ban has also been introduced "that is aggressive in reducing the influence of special interests". 

No more revolving doors 

To prevent potential 'revolving door' situations, the rules state that "if someone has lobbied in the last twelve months, they are prohibited from working in the fields of policy on which they lobbied" within the transition team. 

Moreover, "if someone becomes a lobbyist after working on the transition, they are prohibited from lobbying the administration for twelve months on matters on which they worked". 

Towards global ethics standards? 

In Europe, Romanian MEP Daniel Daianu recently expressed the view that excessive lobbying of the EU institutions by businesses putting profit before moral values was giving industry a bad reputation (EurActiv 11/11/08). 

Daianu went as far as demanding the establishment of "global ethics standards," claiming that the financial crisis had "emphasised the vital role of moral values and ethics" in preventing such situations in the future. 

The European Commission's voluntary register of lobbyists, launched in June, lists the names of organisations rather than the names of individuals or the clients they represent. It requires consultancies and law firms participating in the register to disclose total revenue related to lobbying the EU institutions, citing either absolute amounts (brackets of €50,000) or percentages (brackets of 10%). 

Corporate 'in-house' lobbyists and trade associations must estimate their costs associated with the direct lobbying of all the EU institutions, while NGOs and think-tanks must publish their organisations' overall budget and indicate their main sources of funding. 

US legislation 'more structured' than EU counterpart 

Comparing the EU scheme with the US Lobbying Disclosure Act, Miguel Veiga-Pestana, vice-president of global external affairs at Unilever, believes the US system is "more structured and formal for tax reasons, because some lobbying acts are tax-deductible and others are not". Different legal issues on each side of the Atlantic mean that the "EU cannot just copy everything from the US," he explained. 

Burson Marsteller CEO Robert Mack believes lobbying rules in Brussels and Washington are different because the EU requirements were "non-specific". "The EU system need not necessarily mirror the US one, but should not put the burden on industry associations to provide their own guidelines," Mack said. 

Meanwhile, the debate over lobbying regulation in the EU is set to continue until next summer, when the Commission will evaluate the success of its voluntary register and consider whether it should move towards a mandatory scheme. 

Réactions : 

"President-elect Barack Obama has pledged to change the way Washington works and curb the influence of lobbyists," said transition team co-chair John Podesta upon unveiling the new rules. "During the campaign, federal lobbyists could not contribute to or raise money for the campaign. Today, the President-elect is taking those commitments even further by announcing the strictest and most far-reaching ethics rules of any transition team in history," Podesta continued. 

"The ethical guidelines released for the Obama transition are tough and unequivocal," said Thomas Mann of the Brookings Institution, a Washington, DC-based think tank, quoted on the website of the Office of the President-elect. "They will prevent some honourable people with rich experience from serving in the transition. That is a real cost but it is more than balanced by the strong signal sent by the President-elect. He aspires to attract to government able individuals whose highest priority is to serve the public interest. This is a very constructive step in that direction." 

Norm Ornstein of the American Enterprise Institute, another Washington think tank, described the new ethics policy as "a far-reaching, bold and constructive step". "As much as anything, this ethics policy is a statement about the tone and tenor of the Obama administration," he believes, telling the website: "Restoring trust in government is a prerequisite to enacting good policy and the tough choices the country needs." 

Ornstein continued: "The policy may exclude some good people with deep experience in their fields, but it will also exclude those who see government service as a springboard to financial success, or who are more intent on pleasing potential future employers or clients than making tough choices in the public interest." 

"As a professor who has taught a class on lobbying and ethics for many years, I want to commend Obama for his historic new ethics rules," American University Professor James A. Thurber  told the transition team. "His campaign pledge to change the way Washington works with the lobbying industry has become a reality [which is] great for our democracy." 

"The rules are unlike anything I have seen at the transition stage in 35 years," Fred Wertheimer, president of transparency watchdog Democracy 21, told USA Today. 

Olivier Houdeman of transparency NGO Corporate Europe Observatory  said: "The role of lobbying in the EU and the US is very similar. It is a mistake to think that the EU is somehow more ethical than the US and will self-regulate itself without a mandatory register." 

Prochaines étapes : 
  • 20 Jan. 2009: Barack Obama inaugurated as 44th US President. 
  • Summer 2009: Commission to evaluate success of voluntary lobbyists' register. 
Contexte : 

Illinois Senator Barack Obama was elected 44th President of the United States on 4 November 2008 (EurActiv 05/11/08). During the campaign, both Democratic candidate Obama and Republican rival John McCain had vowed to crack down on lobbyists operating in Washington, DC. 

Meanwhile, the EU is engaged in its own drive to improve lobbying transparency. The European Commission adopted a code of conduct regulating lobbyists' behaviour last May (EurActiv 30/05/08) as a forerunner to the voluntary register launched last June (EurActiv 24/06/08). 

Both initiatives form part of a wider transparency initiative launched by Administration and Anti-Fraud Commissioner Siim Kallas in 2005. 

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