Criminalisation of bribery offences under the UNCAC in Asia and the Pacific

 

Criminalisation is a key component of all international anti-corruption instruments. Pillar 2 of the Initiative's Action Plan commits countries that have endorsed the Plan to ensure “the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials”. The UN Convention against Corruption (UNCAC) and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions require states parties to enact specific criminal offences on bribery.

However, international experience shows that criminalisation can be a challenging task, as seen with many countries that have implemented the OECD Convention. These lessons learned by the 38 States Parties to the Anti-Bribery Convention can help the Initiative's members avoid pitfalls on the road to UNCAC implementation. With this in mind, the Initiative decided to conduct a thematic review on the criminalisation of bribery offences under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review will focus on each member's implementation of Articles 15, 16 and 26 of UNCAC (domestic and foreign bribery by natural and legal persons). The review will also touch upon other parts of UNCAC, including Article 30 (prosecution, adjudication and sanctions), 31 (freezing, seizure and confiscation), 37 (co-operation with law enforcement authorities), 40 (bank secrecy), 42 (jurisdiction) and 50 (special investigative techniques). The review will also seek to identify trends and challenges that cut across the Asia-Pacific region.

 

The full report of the thematic review is available here.

 

A database of legislation related to the criminalisation of bribery in the Initiative's members is available here.

 

2012 Follow-up Report on the implementation of the recommendations in the 2010 review is available here