Commentary Ch. II Paragraph 6

Enterprises participate freely in public discourse. When engaging in public advocacy enterprises should take due account of the Recommendation on Principles for Transparency and Integrity in Lobbying [OECD/LEGAL/0379] and ensure that their lobbying activities are consistent with their commitments and goals on matters covered by the Guidelines. Governments are responsible for establishing a public integrity framework adapted to the risks relating to lobbying of public officials. The Guidelines recommend that, in general, enterprises avoid making efforts to secure exemptions not contemplated in the statutory or regulatory framework related to human rights, environmental, health, safety, labour, taxation and financial incentives among other issues, without infringing on an enterprise’s right to seek changes in the statutory or regulatory framework. The words “or accepting” also draw attention to the role of the State in offering these exemptions. While this sort of provision has been traditionally directed at governments, it is also of direct relevance to multinational enterprises. Importantly, however, there are instances where specific exemptions from laws or other
policies can be consistent with these laws for legitimate public policy reasons. The environment and competition policy chapters provide examples.