Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
- Type: Convention
- Date of signature: 17/12/1997
- Place of signature: Paris, France
- Depositary: Secretary-General of the OECD
- Date of entry into force: 15/02/1999
What is it about?
Bribery in international business transactions raises serious ethical and political concerns, undermines good governance and development and distorts international competitive conditions. This Convention seeks to coordinate different legal systems to prevent the bribery of foreign officials in international business transactions. The Convention criminalizes the act of offering or giving bribes, but not of soliciting or receiving bribes aimed at public officials. Nor does it criminalize bribes aimed at private sector representatives or party officials. Each State Party agrees to undertake those measures necessary to declare the act of bribery as a criminal offence under its law. It is prohibited for any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, or a third party, in order that the official act or refrain from acting in relation to the performance of official duties or in order to obtain or retain business or other improper advantage in the conduct of international business. The Convention also covers matters of statute of limitations, mutual legal assistance and extradition. Subsequent to its entry into force, this Convention is open to accession by any non-signatory that is a member of the OECD or has become a full participant in the Working Group on Bribery in International Business Transactions or any successor to its functions.
Why is it relevant?
This Convention which primarily concerns countries where corruption often occurs (and particularly the countries of the OECD) addresses the corruption of foreign officials in international business transactions, which has an adverse effect on both the rule of law as well as international competition.
Non-Member States of the OECD that wish to become a Party to this Convention must request admission from the Working Group on Bribery. After an intensive examination of their economic, institutional and legal situation, State candidates can be invited to be associated with the Working Group in observer status during a trial period. Upon completion of the trial period and satisfactory implementation of anti-corruption legislation, they can become participants in the Working Group and adhere to the Convention. The OECD Working Group on Bribery is required to publish periodic reports analyzing the application of the Convention by the State parties.
- United Nations Convention Against Corruption (New York, 31 October 2003)
- Guide: Participation in the OECD Working Group on Bribery in International Business Transactions and the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions”