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

(Information as of 24 February 2005)

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

Bulgaria deposited its instrument of ratification on 22 December 1998. The Convention entered into force on 15 February 1999. The text of the Convention (Bulgarian translation) was published in “State Gazette” No 61 of 6 July 1999.

Deposit of instrument of ratification/acceptance: 22 December 1998
Entry into force of the Convention: 20 February 1999
Entry into force of implementing legislation: 29 January 1999

Implementing legislation

On 15 January 1999 the National Assembly adopted a Law amending the Criminal Code (published in “State Gazette” No 7 of 26 January 1999) whereby the active bribery of foreign public officials in international business transactions was criminalised (Art.304, para. 3 of the Criminal Code). The above-mentioned law introduced an autonomous definition of “foreign public official” (Art.93, para. 15 of the Criminal Code).

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

On 8 June 2000 the National Assembly adopted amendments to the Criminal Code (published in “State Gazette” No 51 of 23 June 2000) whereby promising and offering of a bribe to domestic and foreign public officials (phase 1 OECD Working Group’s recommendation) were established as a criminal offence. By the same law the restriction as to the context in which the active bribery of the foreign public officials occurs, i.e. in international business transactions, was abolished.

On 13 September 2002 the National Assembly adopted amendments to the Criminal Code (published in “State Gazette” No 92 of 27 September 2002) which provided for: including non-material (non-valuable) advantages in the scope of definition of a bribe (phase 1 OECD Working Group’s recommendation); criminalisation of bribery in the private sector, trading in influence, passive bribery of foreign public officials, bribery of arbitrators and, in some specific cases, bribery of lawyers; enlargement of the scope of the foreign public official definition; restriction of the existing defences concerning the punishment of active bribery (phase 1 OECD Working Group’s recommendation); introducing the fine as additional punishment for bribery; and more severe punishments for bribery of judges, jurors, prosecutors and examining judges.

Other information

Relevant authorities

Under Art.174, para. 1 of the Criminal Procedure Code, information on criminal offences, including on bribery offences, should be reported to the bodies of the pre-trial proceedings, i.e. prosecutors, examining judges or preliminary investigators at the Ministry of Interior, or to other public body.

Relevant internet links to national implementing legislation

Ministry of Justice: http://www.mjeli.government.bg/anticorruption.aspx
Anticorruption Commission: http://www.acc.government.bg
All Bulgarian Legislation (free access): http://www.lex.bg

Signature/Ratification of other relevant international instruments

Bulgaria ratified the Council of Europe Criminal Law Convention on Corruption on 7 November 2001. This convention entered into force on 1 July 2002 and was published in “State Gazette” No 73 of 26 July 2002.

Bulgaria ratified the Council of Europe Civil Law Convention on Corruption on 8 June 2000. This convention entered into force on 1 November 2003 and was published in the State Gazette No 102 of 21 November 2003.

Bulgaria ratified the Additional Protocol to the Council of Europe Criminal Law Convention on Corruption on 4 February 2004.

Bulgaria signed the UN Convention against Corruption during the High Level Political Conference in Merida, Mexico, held from 9 to 11 December 2003.

Working Group on Bribery Monitoring Reports

Phase 1:  Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/13/53/2385450.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/8/19/2790505.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/35/60/36101867.pdf