OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

The Convention on Combating Bribery is a document that establishes standards and measures for criminalizing bribery of foreign public officials in international business transactions.  It is legally binding for the countries that have adopted it, namely the 34 Organisation for Economic Co-operation and Development (OECD) member countries and six non-member ratifying countries.  The Convention was ratified in 1997 to fight bribery and related corruption from the supply-side of transactions.

 

Goal:  The goal of the Convention on Combating Bribery is to ensure that signing countries meet the following objectives;

 

1.       […] establish that it is a criminal offence under its law for any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business.

2.       […] establish that complicity in, including incitement, aiding and abetting, or authorisation of an act of bribery of a foreign public official shall be a criminal offence […]

 

Relevant Clauses:[i]

 

Article 3: Sanctions

1. The bribery of a foreign public official shall be punishable by effective, proportionate and dissuasive criminal penalties […]

 3. Each Party shall take such measures as may be necessary to provide that the bribe and the   proceeds of the bribery of a foreign public official, or the property the value of which corresponds to that of such proceeds of the bribery of a foreign public official, are subject to seizure and confiscation or that monetary sanctions of comparable effect are applicable.

 

Article 5: Enforcement

Investigation and prosecution of the bribery of a foreign influence shall be subject to the   applicable rules and principles of each party.  They shall not be influenced by considerations of national economic self interest, the potential effect upon relations with another state or the identity of the natural or legal persons involved.



[i]Organisation for Economic Co-operation and Development. (2011). Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Retrieved October 8, 2013, from OECD: http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf

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