Steps taken by Brazil to implement and enforce the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

(Information as of 11 June 2004)

Date of deposit of instrument of ratification/acceptance or date of accession

Signing of the Convention: December 17, 1997.
Ratification of the Convention: June 15, 2000. Legislative Decree no. 125/2000 published in the Official Federal Gazette ratifying the convention.

Deposit of instrument of ratification/acceptance: 24 August 2000
Entry into force of the Convention: 23 October 2000
Entry into force of implementing legislation: 11 June 2002

Implementing Legislation

a) Identification of the law - Law no 10.467, June 11, 2002, “adding Chapter II-A to Section XI of Decree-Law No. 2,848, of December 7, 1940 – Penal Code, and a provision to Law No. 9,613, of March 3, 1998, which governs the crimes of ‘money laundering’ or hiding assets, rights and securities; the prevention of the use of the Financial System for the illegal acts provided for in this Law, creates the Financial Activities Control Board (COAF), and makes other provisions”;

b) Sanctioning of the implementing legislation: June 10, 2002; and

c) Implementing legislation comes in to force: June 11, 2002.

Other relevant laws, regulations and decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations

Relevant legislation: Penal Code, art. 317 (passive corruption); Penal Code, art. 333 (active corruption); Law no. 9.034, May 3, 1995, that “Adopts provisions concerning the use of operational means for the prevention and repression of activities performed by criminal organizations”; Law no 9.613, March 3, 1998, “which rules on the crimes of ‘money laundering’ or hiding assets, rights and securities; the prevention of the use of the Financial System for the illegal acts provided for in this Law, creates the Financial Activities Control Board (COAF), and makes other provisions”; Decree no 3.000, March 26, 1999 – Income Tax Regulation; and Law no 8.884, June 11, 1994, that “adopts provisions concerning prevention and repression of violations against the economic order, guided by the constitutional principles of freedom of initiative, free competition, social function of ownership, consumer protection, and repression of economic power abuse”.

Other information

Relevant authorities

Federal Police Department and Public Prosecutor’s Office

Relevant Internet links to national implementing legislation
http://www.mj.gov.br/sal; http://www.senado.gov.br; http://www.camara.gov.br;  http://www.cgu.gov.br; http://www.brasil.gov.br/emquestao

Signature/Ratification of other relevant international instruments

Promulgation of the Inter-American Convention against Corruption (OAS) – Decree no 4.410, October 7, 2002; and Signature of the United Nations Convention against Corruption (UN), on December 9, 2003, at Mérida, México.

Working Group on Bribery Monitoring Reports

Legislative reference – Minister of Justice

Legislative reference (application) – Public Prosecutor’s Office and Office of the Controller General;
Legislation Reference (application field) – Non-governmental Organizations that monitor the transparency of the implementation process.

Phase 1:  Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/52/46/33742137.pdf