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

(Information as of July 2005)

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

The First Chamber of Parliament passed the bill for ratification of the OECD-Convention [federal law gazette (Bundesgesetzblatt; BGBl.) III 176/1999] on 24 March 1999. The ratification process was finalized and the instrument of ratification deposited with the OECD Secretary-General on 20 May 1999.

Deposit of instrument of ratification/acceptance: 20 May 1999
Entry into force of the Convention: 19 July 1999
Entry into force of implementing legislation: 1 October 1998

Implementing legislation

The legislation implementing the OECD-Convention (“Strafrechtsänderungsgesetz 1998”) was published in the Federal Law Gazette on 20 August 1998 (BGBl. I 1998/153). It is in force in Austria since 1 October 1998.

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

Concerning other relevant international instruments, Austria ratified the United Nations Convention against Corruption in November 2005.  It signed the Council of Europe Criminal Law Convention on Corruption on 13 October 2000 but has not yet ratified it. On the EU-level, Austria has signed, ratified and implemented (by the above mentioned “Strafrechtsänderungsgesetz 1998”), the (first) protocol to the Convention on the Protection of the Financial Interest (notification of the ratification on 21 May 1999) and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (notification of the ratification on 19 January 2000) whereas it has not yet ratified the Second Protocol to the Convention on the Protection of the Financial Interests.

Other information

Relevant authorities

Relevant authorities, to whom one may report information on a bribery offence, are the police and public prosecution authorities. 

Relevant Internet links to national implementing legislation

The relevant internet link to obtain the wording of (any) national legislation (including national legislation to implement the OECD-Convention) is www.ris.bka.gv.at.

Working Group on Bribery Monitoring Reports

Phase 1:  Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/2/45/2380506.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/16/22/36180957.pdf