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(Information as of 26 June 2006)
Date of deposit of instrument of ratification/acceptance or date of accession
The instrument of ratification was deposited with the Secretary-General of the OECD on 12 January 2001.
Deposit of instrument of ratification/acceptance: 12 January 2001
Entry into force of the Convention: 13 March 2001
Entry into force of implementing legislation: 1 February 2001
Implementing legislation
The law on the revision of the corruption legislation was published in the Official Gazette on 28 December 2000 (Staatsblad 2000 nr. 616) and entered into force on 1 February 2001.
Brief description:
The law provides for several amendments to Dutch legislation in order to meet the obligations under the Convention and other international instruments. The amendments relevant to the obligations under the Convention can be briefly summarised as follows:
(1) A new article (article 178a) was added to the Penal Code in order to extend the application of the active bribery offences, which previously only applied to domestic public servants, to
“persons in the public service of a foreign state or an international law organisation”, “former public servants” “persons anticipated to become a public servant” and “judges of a foreign state or an international organisation”.
(2) A new article (article 177a) was added to the Penal Code in order to establish the offence of bribing a public servant in order to obtain an act or omission of him/her that is not in breach of his/her official duties. Article 177, which pertains to the bribery of a public servant, applies only where the purpose of the bribe is to obtain an act or omission in breach of official duties.
(3) The penalty of imprisonment and the fine that apply under article 177 of the Penal Code (i.e. where the bribe is intended to obtain an act or omission in breach of official duties) were increased, for imprisonment from 2 to 4 years and for the fine from category 4 to category 5.
(4) The offences were expanded to cover the case where a person renders or offers a public servant a “service” (articles 177, 177a and 178 of the Penal Code).
(5) Article 51a of the Extradition Act was amended in order that the offences under articles 177 and 177a of the Penal Code are considered extraditable offences.
Other relevant laws, regulations or decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations
(1) The relevant tax laws do not expressly deny the tax deductibility of bribes to foreign public officials. Instead, they deny the tax deductibility of expenses related to “crimes” where there has been a conviction by a Dutch court or a settlement by payment of a fine, etc. with the Dutch prosecutor to avoid criminal prosecution. Pursuant to a new bill, pending before parliament, tax officials would be able to refuse the deduction of certain expenses where they are reasonably convinced, based on adequate indicators, that the expenses consist of paid bribes (in the Netherlands or abroad), thus removing the requirements of a conviction.
(2) The “Directive on the investigation and prosecution of corruption of officials”, adopted on 8 October 2002 and entered into force on 15 November 2002 for a period of four years (i.e. 15 November 2006), indicates the factors that will have to be taken into account in determining whether it is appropriate to prosecute domestic and foreign corruption cases. The directive addresses, among others, the use of facilitation payments/gifts for which no specific monetary value is set.
Other information
Relevant authorities
Dutch National Police Internal Investigation Department (Rijksrecherche; email: rijksrecherche@wxs.nl, Tel: 31.70.3411204)
Public Prosecutor’s Office in Rotterdam (Tel: 31.10.4966816)
Telephone number for anonymous denouncements: 0800-7000
Relevant Internet links to national implementing legislation
http://www.oecd.org/dataoecd/40/59/2739921.pdf (Staatsblad 2000, nr. 616)
http://www.openbaarministerie.nl/beleidsregels/docs/2002a009.htm (Aanwijzing opsporing en vervolging ambtelijke corruptie)
Signature/Ratification of other relevant international instruments
Ratification:
- The EU Convention on the Protection of the European Communities’ Financial Interests (PIF-Convention) and its first and second Protocol
- The EU Convention on the fight against corruption involving officials of the European Communities or officials of the EU Member States
- The EU Council Framework Decision against Corruption in the Private Sector
- The Criminal Law Convention on Corruption of the Council of Europe
Signature:
- The United Nations Convention against Transnational Organised Crime
- The United Nations Convention against Corruption
- The Protocol to the Criminal Law Convention on Corruption of the Council of Europe
Working Group on Bribery Monitoring Reports
Phase 1: Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/39/43/2020264.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/14/49/36993012.pdf
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