22/03/2018 - Poland must make urgent progress on carrying out key recommendations of the OECD Working Group on Bribery that remain unimplemented, more than four years after its Phase 3 evaluation in June 2013.
Poland still needs to take urgent steps to ensure companies can be held responsible for foreign bribery, even if the persons who perpetrated the offence are not convicted. In addition, Poland must increase the fines for companies in order to ensure foreign bribery is punishable by effective, proportionate, and dissuasive sanctions.
The Working Group is disappointed by Poland's failure to take measures to ensure that the "impunity" provision in the Penal Code that applies to foreign and domestic bribery cannot be applied to the bribery of foreign public officials. This provision allows perpetrators of bribery to automatically escape punishment by notifying the law enforcement authorities of the offence before the authorities learn about it from other sources.
In the context of ongoing reforms, Poland should also ensure that appropriate measures are in place to protect from retaliatory or disciplinary action private and public sector employees who report suspected acts of foreign bribery in good faith and on reasonable grounds.
The Working Group reviewed a report submitted by Poland on its progress in implementing these outstanding recommendations at its plenary meeting on 13-15 March 2018. The Working Group requested that Poland provide a written report on further progress in addressing these concerns in December 2018, at which time the Group will consider additional measures in the absence of significant progress.
For more information on the implementation of the OECD Anti-Bribery Convention in Poland, please visit: http://www.oecd.org/daf/anti-bribery/poland-oecdanti-briberyconvention.htm