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"OECD: Convention on Combating Bribery of Foreign Public Officials in Inernational Business Transactions, 1997" [2005] ELECD 334; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 111

Section Title: OECD: Convention on Combating Bribery of Foreign Public Officials in Inernational Business Transactions, 1997

Number of pages: 3

Extract:

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 influ-
enced by considerations of national economic interest, the potential effect upon rela-
tions 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 ...