...yes, and I think it would violate the rules anywhere that has an ICAO compliant policy.
Also:
All engines operating uses either TERPS or PANS-OPS departure criteria. (or, the operator can submit its own all engines operating departure procedure for FAA approval.) OEI is a different matter, it becomes the domain of the operator's performance and planning department. In the U.S. that means adherence to 14 CFR 121.189 as at a minimum.
...quite right.