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

(Information as of 3 June 2005)

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

The Grand Duchy of Luxembourg signed the OECD Convention on bribery of foreign public officials on 21 November 1997. The Convention was approved by Luxembourg by an Act of 15 January 2001, adopted by the Luxembourg parliament on 14 December 2000, and confirmed and promulgated by the Grand Duke on 15 January 2001. The Act entered into force on 11 February 2001. The Grand Duchy of Luxembourg deposited its instrument of ratification with the OECD on 21 March 2001. The Convention came into force in Luxembourg 60 days after that date.

Implementing legislation

The Act of 15 January 2001 approves the OECD Convention and introduces into Luxembourg law, or modifies, the notions of misappropriation, destruction of deeds and securities, embezzlement, taking unlawful interest, and bribery. Amendments were made to the Criminal Code and the Criminal Investigation Code and also to the Act of 4 December 1967 on income tax.

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

Among the international instruments having an impact on the implementation of the OECD Convention, the following may be cited, which were approved by the Grand Duchy of Luxembourg by an Act of 30 March 2001 :

• the Convention, based on article K.3 of the European Union Treaty, on the Protection of the Financial Interests of the European Communities, signed in Brussels on 26 July 1995 ;
• the Protocol, based on article K.3 of the European Union Treaty, to the Convention on the Protection of the Financial Interests of the European Communities, signed in  Dublin on 27 September 1996 (the First Protocol) ;
• the Protocol, based on article K.3 of the European Union Treaty, on the preliminary interpretation by the Court of Justice of the European Communities of the  Convention on the Protection of the Financial Interests of the European Communities, signed in Brussels on 29 November 1996.

Other international instruments will shortly be approved, under draft Law N°5262 of 27 January 2004. These are:

• the Convention, based on article K.3 paragraph 2 c) of the European Union Treaty, on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union, signed on 26 May 1997 ;
• the Second Protocol, based on article K.3 of the European Union Treaty, to the  Convention on the Protection of the Financial Interests of the European Communities,  signed on  19 June 1997 ;
• the Council of Europe Criminal Law Convention on Corruption, of 27 January 1999 ;
• the Additionnal Protocol of 15 May 2003 to the Council of Europe Criminal Law Convention on Corruption ;
• the United Nations Convention against Corruption of 31 October 2003.

Other information

The competent authorities are the Grand Duchy police, the public prosecutors and the examining magistrates.
The central authority for mutual legal assistance is the Prosecutor General (article 2 of the law of 08.08.2000 on mutual legal assistance).
The Grand Duchy of Luxembourg does not yet have criminal liability for legal persons. Having approved or ratified various international legal instruments embodying this principle, among them the OECD Convention, Luxembourg has set up a working group in order to introduce this concept into its legal system. The work of this group  of experts is still ongoing. However, the group of experts should shortly be in a position to put forward a draft law, which will then have to be placed before Parliament.

Working Group on Bribery Monitoring Reports

Phase 1:  Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/39/40/2019732.pdf

Phase 2:  Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions
http://www.oecd.org/dataoecd/55/4/32017636.pdf

Phase 2: Follow-up Report on the Implementation of the Phase 2 Recommendations on the Application of the Convention and the 1997 Recommendation on Combating Bribery of Foreign Public Officials in International Business Transactions
http://www.oecd.org/dataoecd/22/27/37308306.pdf