OECD Anti-Bribery Convention: National Implementing Legislation
This page offers direct links to the implementing legislation of the Parties to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Most of the implementing legislations are available in English. Translations in French and text in the original language may also be available, depending on the country. The links to many government Web sites are also provided.
The Government response (tabled in the Senate on 11 March 1999) to the Treaties Committee Report on the OECD Convention and the Draft Implementing Legislation may be found on the Internet at the Senate Hansard address (select 11 March 1999 and go to p.2774).
The offence of bribery of foreign public officials is set forth in the Bulgarian Penal Code. Texts of the provisions related to the term “foreign public official” and to the punishment of foreign bribery are under section 93 para.15 and section 304(3), respectively. The latest versions of these articles (as amended on 13 September 2002, law published in the “State Gazette” №92 of 27 September 2002) are available here in English (unofficial translation provided by the Bulgarian Ministry of Justice).
The offence of bribery of foreign public officials is set forth in the Estonian Penal Code available in English and Estonian. The offence of "giving a bribe" and "granting a gratuity" are set in articles 298 and 297, and the definition of "officials" (including officials in foreign countries) is set in article 288. The latest version of these articles entered into force on 1 July 2004. Other relevant laws can be found on the Estonian legal language centre in English and Estonian.
Law no. 2000-595 of 30 June 2000 modifying the penal code and procedure, available in French only.
Law no. 2007-1598 of 13 November 2007 on the fight against corruption introduces amends to the Penal Code and Criminal Procedure Code in order to implement the UN and the Council of Europe Conventions against corruption. It has not been reviewed by the OECD Working Group.
Relevant provisions of the Penal Code and Penal Procedure Code are available on Legifrance in English, French and Spanish. See articles 435-2 to 435-6.
The implementing legislation dated 10 September 1998 is available in German and English (unofficial translation) in pdf format. Also available in pdf format are excerpts from the Criminal Code of the Federal Republic of Germany" (StGB=Strafgesetzbuch der Bundesrepublik Deutschland) in German and English (unofficial translation); and the Administrative Offence Act of the Federal Republic of Germany (OwiG=Ordnungswidrigkeitsgesetz der Bundesrepublik Deutschland) in German and English (unofficial translation).
The implementing legislation, dated 11 November 1998 and which came into force on 1 December 1998, is available in French (unofficial translation) in pdf format.
The implementing legislation, Act No.147/1998 amending the General Penal Code, entered into force on 22 December 1998. An English translation of the 1998 version of the relevant articles of the Penal Code is available in pdf format. 2003 amendments to Sections 109 and 128 of the General Penal Code, in English and pdf format. The updated versions of the General Penal Code and other relevant laws are available in English on the website of the Ministry of Justice.
The implementing legislation (the amended Unfair Competition Prevention Law) adopted on 18 September 1998 is available in English (unofficial translation) in pdf format. 2001 Amendments deleting the provision on the main office exception and modifying the definition of foreign public officials (entered into force on 25 December 2001). 2004 Amendment introducing nationality jurisdiction (entered into force on 1 January 2005). 2005 Amendment strengthening the sanctions for natural persons convicted of bribery of foreign public officials, and consequently extending the statute of limitations for the prosecution of natural persons (entered into force on 1 November 2005).
The implementing legislation of 15 January 2001 is available in pdf format (Official title: Loi du 15 janvier 2001 portant approbation de la Convention de l 'OCDE du 21 novembre 1997 sur la lutte contre la corruption d'agents publics étrangers dans les transactions commerciales internationales et relatif aux détournements, aux destructions d'actes et de titres, à la concussion, à la prise illégale d'intérêts, à la corruption et portant modification d'autres dispositions légales).
The first implementing legislation entered into force in 1999. A complete reform of the offences on corruption and bribery took place in 2003.
The 2003 Act amending the Penal Code is available in English (unofficial translation provided by the Norwegian Ministry of Justice and the Police http://odin.dep.no/jd/). It repealed the previous provisions and introduced the new articles 276a and 276b to the Penal Code.
The implementing legislation of 9 September 2000 on the amendments to the Penal Code, the Code of Criminal Procedure, the Act on Combating Unfair Competition, the Act on Public Orders and the Banking Law entered into force on 4 February 2001. It can be downloaded in pdf format in in English and Polish.
Article 229 on the offence of bribery of foreign public officials has been subsequently amended by the Law of 13 June 2003. This law is available in Polish and relevant extracts in English. The full Penal Code is available in Polish on the website of the Parliament.
In 2002, Poland introduced a new Law on Liability of Collective Entities for Acts Prohibited under Penalty (entered into force on 28 November 2003, and subsequently amended in 2005). The law, as amended in 2005, is available in English.
The implementing legislation, Law no. 13/2001 of 4 June 2001 amending the Decree-Law 28/84 of 20 January 1984 on offences against the national economy and public health and the Decree-Law are available in English in pdf format. The Law no. 13/2001 is available in Portuguese on the website of the judicial police.
Furthermore, the Law no. 108/2001 of 28 November 2001, amending the rules governing the offence of trading in influence and corruption of the Penal Code and the Law no. 34/87, extends the scope of the definition of domestic public officials to include certain foreign public officials. It is available in Portuguese and French.
The main provisions implementing the OECD Bribery Convention can be found in the Criminal Code of the Slovak Republic, of which the relevant extracts are available in English in pdf format.
The offence of bribery of foreign public officials is set forth in the Slovenian Penal Code available in English in pdf format. The offence of "giving a bribe" is set in article 268 and the definition of "officials" (including foreign officials) is set in article 126. The offence of bribery of foreign public officials was introduced in 1999 and subsequently amended in 2004.
The Spanish implementing legislation, Ley orgánica 3/2000, de 11 de enero, de modificación del Código Penal, en materia de lucha contra la corrupción de agentes públicos extranjeros en las transacciones comerciales internacionales, is available in Spanish and English in pdf format.
The 1999 implementing legislation amending the Penal Code, entered into force on 1 July 1999, is available in pdf format in Swedish implementing legislation . The text of the full Penal Code as of 1999 is available in English on the website of the Ministry of Justice.
The provisions on bribery have been amended as of 1 July 2004.
The text of the provisions as amended is available in pdf format in English and Swedish. The text of the preparatory works is available in Swedish on the website of the Swedish Parliament.
The implementing legislation, Law of 22 December 1999 amending the Swiss Penal Code, is available in French, German and Italian in pdf format.
The updated Swiss Penal Code can be found on the website of the Recueil Systématique du Droit Fédéral (available in French, German and Italian).
The implementing legislation, Law No. 4782 amending the Turkish Criminal Code, entered into force on 11 January 2003 (Official Gazette No: 24990). It can be downloaded in pdf format in in Turkish, English and French.
In December 2001 the UK enacted the Anti-Terrorism, Crime and Security Act 2001, 2001 Chapter 24 (the "2001 Act"). Part 12 of the 2001 Act imports a “foreign” element into the offences of domestic bribery under the Prevention of Corruption Act 1906 and the common law, and establishes nationality jurisdiction for these offences.
Part 3 of the 2001 Act contains a provision lifting restrictions on the sharing of information by tax and customs authorities in order to facilitate criminal investigations or proceedings.