Serious steps must be taken by Slovenia to ensure that it effectively detects, investigates and prosecutes allegations of transnational bribery. No foreign bribery cases have been prosecuted since Slovenia joined the OECD Anti-Bribery Convention in 1999, calling into question Slovenia’s ability and proactivity in investigating and prosecuting this crime. There are also concerns that investigations and prosecutions may be obstructed by political and economic considerations.
The OECD Working Group on Bribery has just completed its report on Slovenia’s implementation of the Convention of Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments. Recommendations made by the Group to improve Slovenia’s fight against foreign bribery, include to:
- Significantly increase its efforts to proactively detect, investigate and prosecute foreign bribery;
- Ensure that national economic interests and the identities of the natural or legal persons involved do not influence the investigation or prosecution of foreign bribery cases;
- Promptly provide training to investigators, prosecutors and tax officials on the foreign bribery offence and on the liability of legal persons for foreign bribery;
- Raise awareness of the foreign bribery offence within the public and private sectors.
The Commission for the Prevention of Corruption (CPC) is an important element of Slovenia’s legal and institutional anti-corruption framework and all efforts should be taken to maintain its independence and effectiveness.
The report also highlights positive aspects of Slovenia’s efforts to fight domestic and foreign bribery. The Working Group welcomes the establishment of specialised anti-corruption law enforcement authorities through the National Bureau of Investigation and the Special State Prosecutor’s Office. It is also encouraged by Slovenia’s regime for the sharing of tax information. Slovenia is also commended for adopting comprehensive whistleblower reporting and protection measures for those who report suspicions of foreign bribery, including within its state-owned enterprises.
The Working Group on Bribery – made up of the 34 OECD Member countries plus Argentina, Brazil, Bulgaria, Colombia, Latvia, Russia and South Africa – adopted Slovenia’s report in its third phase of monitoring implementation of the OECD Anti-Bribery Convention.
The report lists all of the recommendations of the Working Group to Slovenia on pages 59-64, and includes an overview of recent enforcement actions and specific legal, policy and institutional features of Slovenia’s framework for fighting foreign bribery. The report recommends Slovenia report in six months and one year on certain recommendations (i.e., December 2014 and June 2015). The Working Group also invites Slovenia to submit a written follow-up report on all recommendations in two years (i.e., June 2016).
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