Edited by Stephen Tully
Chapter 111: OECD: Convention on Combating Bribery of Foreign Public Officials in Inernational Business Transactions, 1997
111. OECD: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 Commentary: The OECD Bribery Convention (OECD Doc DAFFE/IME/BR(97)20 (1997), entry into force 1999, www.oecd.org) was formulated by the Working Group on Bribery in International Business Transactions of the Committee on International Investment and Multinational Enterprises. It addresses ‘active bribery’, that is, offences are committed by individuals who promise or provide bribes as contrasted with ‘passive bribery’ where offences are committed by officials who receive them. The OECD Convention also focuses exclusively on the bribery of public officials and not corruption within the private sector. Article 4 provides for the territoriality and nationality bases of jurisdiction and under Article 5, enforcement ‘shall not be influenced by considerations of national economic interest, the potential effect upon relations with another State or the identity of the natural or legal persons involved’. Article 6 envisages an adequate statute of limitations period and Article 7 provides for money laundering. Article 9 contemplates mutual legal assistance and extradition appears under Article 10. Under Article 12, responsibility for monitoring and follow-up rests with the OECD Working Group on Bribery in International Business Transactions. The Convention text is accompanied by a useful explanatory commentary (omitted from the extracts below) to which reference should be made. The OECD Revised Recommendation of the Council on Combating Bribery in International Business Transactions (C(97)123/FINAL, adopted 23 May 1997), contains provisions with respect to criminalising the bribery of foreign public officials, tax deductibility, accounting...
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