International co-operation in combating foreign bribery

The importance of effective international co-operation

International co-operation in the law enforcement and regulatory contexts can include formal mutual legal assistance (MLA), extradition, and informal exchanges of information for intelligence gathering purposes where lawfully allowed. Effective international co-operation between countries is crucial for the successful investigation, prosecution and sanction of international corruption offences.

Fast and efficient responses to requests for international co-operation can greatly increase the success of investigations and prosecutions. When the MLA and extradition system works efficiently, prosecutors and investigators have a greater chance of finding suspects, tracing and seizing proceeds, and bringing to justice those who participated in the crime. Delays are significant impediments.

The OECD is a hub for bringing together anti-corruption practitioners from around the world to share experiences, learn from each other and build stronger networks. The Working Group on Bribery has long supported biannual meetings for its law enforcement officials, to which non-members are regularly invited. This initiative could help to explain why the majority of successfully finalised foreign bribery cases involve only members of the Working Group.

The Global Network of Law Enforcement Practitioners against Transnational Bribery (GLEN)

GLEN is a technical network for peer learning and exchanging experiences and good practices among law enforcement practitioners who focus primarily on fighting transnational bribery. GLEN’s focus on real-life transnational bribery cases and participation limited to law enforcement practitioners ensure candid and practice-oriented discussion. In this way, GLEN complements other important networks, such as the informal meeting of law enforcement officials (LEOs) of the OECD Working Group on Bribery in International Business Transactions (Working Group on Bribery) and other global anti-corruption law enforcement networks, such as the Global Operational Network of Anti-Corruption Law Enforcement Authorities (GlobE), the International Criminal Police Organisation/Stolen Asset Recovery (INTERPOL/StAR), Global Focal Point Network and Camben Asset Recovery Inter-Agency Network (CARIN).

By bringing transnational bribery enforcement practitioners together at a global level, the meeting connects members of the various law enforcement networks and other regional activities supported by the OECD Secretariat and the Working Group on Bribery.

As it has a technical focus, the network does not produce policy initiatives, political declarations, or outcome documents.

Since 2015, GLEN has held 4 meetings, thanks to the funding of the United Kingdom, the German Federal Ministry for Economic Cooperation and Development (BMZ) through Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), and the United States Department of State.

KEY FACTS

13% of foreign bribery cases are brought to the attention of law enforcement authorities through the use of formal and informal mutual legal assistance between countries for related criminal investigations accounts. (OECD Foreign Bribery Report, 2014)

Article 9 of the Anti-Bribery Convention provides that Parties should use all tools available to provide “prompt and effective legal assistance” to other Parties.

Article 46 of the UN Convention against Corruption requires Parties to render to one another the “widest measure” of mutual legal assistance.