DAFBriberyten › Expert Meeting on “The OECD Anti-Bribery Convention: the Road Ahead”
21 November 2007, Rome, Italy
The Expert Meeting discussed the effectiveness of means adopted to date to ensure detection, investigation and prosecution of foreign bribery offences.
Part I Enhanced International Co-ordination and Co-operation
The bribery of foreign public officials frequently involves multiple jurisdictions due to the increasingly complex nature of international business transactions. Factors that contribute to the complexities of foreign bribery cases can include involvement of local agents or consultants, subcontracting and sub-subcontracting, and transactions via offshore centres and foreign subsidiaries. The problem of multiple-jurisdictions is magnified when consortiums are involved in foreign bribery.
The need for effective cross-jurisdictional co-operation and information sharing is therefore a critical issue for the effective implementation of the OECD Anti-Bribery Convention. Through such actions, Parties to the Convention can allocate investigative and prosecutorial resources more effectively, address conflicts of jurisdiction constructively, and ensure that multiple investigations do not unduly restrict the rights and interests of defendants, victims and witnesses.
This session explored how to enhance judicial co-ordination and co-operation between State Parties to the OECD Anti-Bribery Convention as well as with non-parties.
Part II Enhancing the Impact of the Convention
Experience shows that it is essential to monitor and evaluate countries’ implementation and enforcement of their anti-bribery standards, commitments and practices. The rigorous peer review process of the OECD Working Group on Bribery indeed has produced significant results in the fight against bribery of foreign public officials in international business transactions.
Major emerging economies are committed to the fight against bribery and corruption. However, they are not all subject to in-depth review or evaluation of their laws and practices by peers. Progress could be significantly enhanced through the involvement of all key economic partners in specialised fora and related mechanisms assessing the application of anti-corruption and integrity standards as defined in international conventions and frameworks.
Building on the participation of representatives of the People’s Republic of China, India, Israel, Indonesia and Russia, including during the High Level Conference, this session examined how the Working Group on Bribery may develop its co-operation with these major emerging economies. Participants may also discuss concrete suggestions to develop a policy dialogue on best practices and monitoring mechanisms.