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  in focus  
22 June 2008  

Foreign Bribery: TI´s Progress Report on OECD Convention Enforcement

2008 Progress Report on
Enforcement of the OECD Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions

Download the TI Progress Report 2008


Corruption in international business

In 1997 the Organisation for Economic Cooperation and Development (OECD)adopted a treaty to address the supply side of cross-border bribery, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention). The adoption of the OECD Convention was a landmark event in the fight against international corruption: a collective commitment by the governments of the leading industrialized states to ban foreign bribery. Because most major multinational companies are based in OECD countries, the Convention was hailed as the key to overcoming the damaging effects of foreign bribery on democratic institutions, development programmes and business competition.

The Anti-Bribery Convention entered into force in 1999, and since then has been ratified by 37 leading industrial countries, representing about 70 percent of the world’s exports.


Introduction and overview of the 4th TI Progress Report

TI's progress reports are intended to provide an annual assessment of government enforcement by OECD Convention countries. It examines the enforcement performance in 34 of the 37 parties to the Convention (including all Group of Seven (G7) countries). The first report issued in March 2005, covered 24 countries; the second in June 2006, covered 31 countries; and the third in July 2007 covered 34 countries.

TI’s 2008 Report shows that there is significant enforcement in sixteen countries, two more than in the 2007 Report, with little or no enforcement in the others. While 2007 Report showed progress over 2006, the lack of enforcement in over half the countries is very disturbing.

Focusing on the most industrialised nations ( G7 countries), enforcement has increased substantially in France, Germany, and the US. That is a very positive development. However, there is still little or no enforcement in Japan, the UK and Canada. While there was some enforcement in Italy in prior years, the current situation is uncertain.

The 16 countries that showed significant enforcement are: Argentina, Australia, Belgium, Denmark, Finland, France, Germany, Hungary, Italy, Korea, the Netherlands Norway, Spain, Sweden, Switzerland, and the United States.

There has been little or no enforcement in another eighteen countries, including three G7 countries, showing a lack of sufficient commitment to date in those countries. These are Austria, Brazil, Bulgaria, Canada, Chile, Czech Republic, Estonia, Greece, Ireland, Japan, Mexico, New Zealand, Poland, Portugal, Slovakia, Slovenia, Turkey and the United Kingdom.

Download the full report in pdf.

Access to information issues

Public information about government enforcement is essential for citizens to know if their governments are complying with OECD Convention obligations and to hold them to account. Publicly accessible statistics should be maintained on prosecutions, civil actions and investigations relating to foreign bribery. Indictments, judicial investigations, prosecutions, civil actions, settlements and court judgments in foreign bribery cases should be a matter of public record and easily accessible. Publicly traded companies should be required to publicly disclose any investigations or prosecutions as well as judgements and settlements.

TI experts in 24 countries report a lack of access to information about cases and / or investigations. These are: Argentina , Australia, Austria, Belgium, Brazil, Canada, Czech Republic, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea, the Netherlands, New Zealand, Poland, Portugal, Slovenia, Spain, Turkey and the United Kingdom.

TI recommendations to increase enforcement

In TI’s view, the next year is crucial for the success of the Convention. The report lays out some priority areas for action:

  • UK commitment. The UK Parliament will have an opportunity to address inadequacies in UK laws based on a Law Commission report expected in October. Moreover, based on the increased volume of foreign bribery investigations by the British Serious Fraud Office TI hopes to see clear signs of stronger enforcement in the near future.
  • Other lagging governments. It is also important that countries where there has been little or no enforcement, particularly Japan, send a strong signal that they are seriously pursuing prosecutions.
  • Closing national security loophole. The termination of the investigation into the BAE case based on national security concerns created a dangerous precedent. If the House of Lords affirms the decision of the High Court invalidating the termination, this precedent and concerns about it will be removed.
  • Continuation of rigorous monitoring programme. OECD reviews have provided the most important impetus for government action to enforce the convention. It is essential that the monitoring programme continue in 2009 and beyond.
  • Accession by other major exporting states. The convention would be enhanced by the accession of China, India, Russia and other major exporting states. However, increased enforcement by the present parties should not be delayed until others come aboard.

How to report cases of foreign bribery:

  • find the relevant office in the country of nationality of the accused person or seat of the accused company.
  • include the names of persons or companies involved, information on the nature of the alleged behaviour, any evidence you are aware of, news reports, whether the case is being investigated in the country where it occurred, any other relevant information.

News coverage

Selected links

TI's press releases:

Media contact

Jesse Garcia
Tel: +49 30 3438 20667
E-mail: jgarcia@transparency.org


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