Eighty-four per cent of OECD Member countries, and 67% of countries adhering to the MNE Guidelines, as well as a number of non-adhering countries, have introduced due diligence-related regulation. This includes legislation related to sustainability reporting, due diligence conduct, and product or market‑based measures. While many of these measures share similar core objectives and features, businesses have reported implementation challenges due to a lack of alignment in scope, design and terminology. OECD Member countries with due diligence-related requirements in place represent approximately 55% of global GDP.
Governments are integrating RBC into trade and investment agreements. Since 2020, 67 (36%) of the 186 trade and investment agreements signed by countries adhering to the MNE Guidelines include an RBC clause. Of these 67 agreements, 73% were signed with non‑adhering countries. However, knowledge about the implementation and impact of these provisions is lacking.
Governments are promoting RBC in their role as economic actors and in their commercial activities. Thirty-two countries adhering to the MNE Guidelines report that their public procurement frameworks consider RBC. In 2024, over USD 8 trillion in public procurement spending (accounting for approximately 80% of public procurement spending across adherent countries) was by countries where mandatory due diligence measures apply to public bodies either explicitly or implicitly.
Large listed state-owned enterprises (SOEs) tend to report higher uptake of due diligence practices than non‑SOEs headquartered within the same region, though large listed SOEs are concentrated in regions with lower reported due diligence uptake overall (China, Middle East and Africa). Thirty-six countries adhering to the MNE Guidelines have established and disclosed expectations for their SOEs to observe RBC principles and standards.
Twenty-nine of 52 countries adhering to the MNE Guidelines note that they use incentives to promote implementation of RBC standards by businesses. Incentives can vary significantly, for example, preferential terms for grants, loans or other financial support based on RBC performance; tax credits or benefits; incentives linked to permitting, licensing, company registration, other administrative processes; trade and investment facilitation services and government-backed trademarks or labels.
Governments are taking action to facilitate access to judicial remedies for harms related to corporate misconduct. All countries adhering to the MNE Guidelines provide state‑based grievance mechanisms on RBC. Thirty-six countries have taken at least one measure to address access barriers to judicial remedy. Direct or indirect expectations to provide remedy or to establish a grievance mechanism are present in about half of the due diligence legislation introduced across adherent countries. This is particularly relevant considering the limited reported due diligence uptake related to remediation mentioned above.