OECD Working Group on Bribery in International Business Transactions

The OECD Investment Committee established the Working Group on Bribery in International Business Transactions in May 1994.

The mandate of the OECD Working Group on Bribery was amended by the 1997 Revised Recommendation. This mandate includes carrying out systematic country monitoring of the implementation of the OECD Anti-Bribery Convention and the 1997 Recommendation.

The Working Group is composed of government experts from the 38 participating countries. It meets four to five times a year at the Paris Headquarters of the OECD to monitor compliance with the Convention. The monitoring process, which is based on a rigorous system of peer review, is divided into two examination phases. Phase 1 involves a comprehensive assessment of the conformity of the country’s anti-bribery laws with the OECD Convention. Phase 2 involves one week of intensive meetings in the examined country with key actors from government, law enforcement authorities, business, trade unions and civil society. With input from these actors, the Working Group assesses how effective that country’s anti-foreign bribery laws are in practice.

Information about participating in the OECD Working Group on Bribery and conditions for joining the Convention 

Mandate of the Working Group on Bribery in International Business Transactions

• Minutes of the meeting held 5 October 1994 of the IME Committee [IME/M(94)2/ANN]
• Revised Recommendation on Combating Bribery in International Business Transaction [C(97)123/FINAL]
• Decision of the Council concerning further work on Combating Bribery in International Business Transactions [C(97)240/FINAL]

The Committee on International Investment and Multinational Enterprises, as a follow‑up to the Recommendation on Bribery in International Business Transactions adopted by the Council in May 1994, established the Working Group on Bribery in International Business Transactions.

The mandate of the Working Group was amended by the 1997 Revised Recommendation.

Extract from the Revised Recommendation [C(97)123/FINAL]

“Follow-up and institutional arrangements

VIII.             INSTRUCTS the Committee on International Investment and Multinational Enterprises, through its Working Group on Bribery in International Business Transactions, to carry out a programme of systematic follow-up to monitor and promote the full implementation of this Recommendation, in co-operation with the Committee for Fiscal Affairs, the Development Assistance Committee and other OECD bodies, as appropriate.  This follow-up will include, in particular:

i)      receipt of notifications and other information submitted to it by the Member countries;

ii)     regular reviews of steps taken by Member countries to implement the Recommendation and to make proposals, as appropriate, to assist Member countries in its implementation;  these reviews will be based on the following complementary systems:

 -     a system of self-evaluation, where Member countries’ responses on the basis of a questionnaire will provide a basis for assessing the implementation of the Recommendation;

 -     a system of mutual evaluation, where each Member country will be examined in turn by the Working Group on Bribery, on the basis of a report which will provide an objective assessment of the progress of the Member country in implementing the Recommendation.

 iii)     examination of specific issues relating to bribery in international business transactions; 

  iv)    examination of the feasibility of broadening the scope of the work of the OECD to combat international bribery to include private sector bribery and bribery of foreign officials for reasons other than to obtain or retain business;

  v)     provision of regular information to the public on its work and activities and on implementation of the Recommendation.

...

X.                INSTRUCTS the Committee on International Investment and Multinational Enterprises to review  the implementation of Sections III and, in co-operation with the Committee on Fiscal Affairs, Section IV of this Recommendation and report to Ministers in Spring 1998, to report to the Council after the first regular review and as appropriate there after, and to review this Revised Recommendation within three years after its adoption.

Co-operation with non members

...

XII.              INSTRUCTS the Committee on International Investment and Multinational Enterprises through its Working Group on Bribery, to provide a forum for consultations with countries which have not yet adhered, in order to promote wider participation in the Recommendation and its follow-up.                  

Relations with international governmental and non-governmental organisations

XIII.              INVITES the Committee on International Investment and Multinational Enterprises through its Working Group on Bribery, to consult and co-operate with the international organisations and international financial institutions active in the combat against bribery in international business transactions and consult regularly with the non-governmental organisations and representatives of the business community active in this field.”

Decision of the Council Concerning Further Work on Combatting Bribery in International Business Transactions [C(97)240/FINAL]

                   THE COUNCIL,

                   Having regard to Article 5 a) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;

                   Considering the Revised Recommendation of the Council on Combating Bribery in International Business Transactions adopted on 23 May 1997 [C(97)123/FINAL];

                   Noting the existing mandate of the Committee on International Investment and Multinational Enterprises, through its Working Group on Bribery in International Business Transactions, pursuant to Section VIII of the Revised Recommendation, “to carry out a programme of systematic follow-up to monitor and promote the full implementation of the Revised Recommendation, in co-operation with the Committee for Fiscal Affairs, the Development Assistance Committee and other OECD bodies, as appropriate”, including “examination of specific issues relating to bribery in international business transactions”;

                   Noting in particular that there will be an examination of the feasibility of broadening the scope of the work of the OECD to include private sector corruption in international business transactions;

                   Noting the view of the Negotiating Conference on a Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, that further work was needed on a number of related corruption issues;

                   DECIDES that the Committee on International Investment and Multinational Enterprises, through its Working Group on Bribery in International Business Transactions, in the context of its work pursuant to the 1997 Revised Recommendation as well as, where appropriate, the monitoring and follow-up which will be carried out under article 12 of the Convention, and in co-operation with other OECD bodies and international organisations, shall examine on a priority basis the following issues with a view to reporting conclusions to the 1999 OECD Council meeting at Ministerial level:

• bribery acts in relation with foreign political parties;
•  advantages promised or given to any person in anticipation of that person becoming a foreign public official;
•  bribery of foreign public officials as a predicate offence for money laundering legislation;
•  the role of foreign subsidiaries and of offshore centres in bribery transactions."

--------------------------------------------------------------------------------
 * Full participants, on a basis of equality with Member countries.