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Global Forum V on Fighting Corruption and Safeguarding Integrity 3 April 2007, South Africa

The Challenges of Dealing with Corruption: The Experience of the OECD Anti-Bribery Convention Presentation by Patrick Moulette Head, Anti-Corruption Division, OECD. Global Forum V on Fighting Corruption and Safeguarding Integrity 3 April 2007, South Africa. Introduction.

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Global Forum V on Fighting Corruption and Safeguarding Integrity 3 April 2007, South Africa

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  1. The Challenges of Dealing with Corruption:The Experience of the OECD Anti-Bribery ConventionPresentation by Patrick MouletteHead, Anti-Corruption Division, OECD Global Forum V on Fighting Corruption and Safeguarding Integrity 3 April 2007, South Africa

  2. Introduction • 1997 OECD Anti-Bribery Convention ratified by all 30 OECD members and six non-members. • Specifically targets the supply side of foreign bribery. • After 10 years of existence, the Convention has significant experience in terms of success and challenges.

  3. The Convention and its Monitoring Mechanism • Effective enforcement through systematic monitoring carried out by the OECD Working Group on Bribery (Phase 1, Phase 2). • The Phase 1 and Phase 2 reports are made publicly available on the OECD’s Internet site (www.oecd.org/bribery). • Many countries have amended their legislation following the Recommendations of the Working Group.

  4. Successes in implementing the OECD Anti-Bribery Convention • Now all of world’s most industrialised nations punish foreign bribery with imprisonment and often substantial fines. • A number of allegations have come to light and several investigations are ongoing. • Extraordinary step taken by certain countries to enable them to prosecute cases that take place outside their borders. • Establishment of corporate liability for foreign bribery by parties to the Convention.

  5. Challenges in implementing the OECD Anti-Bribery Convention (1) • Fewer foreign bribery convictions than we would like. • Concealed and complex crime difficult to detect and investigate. • Law enforcement often reluctant to take on cases of foreign bribery. • Need to increase and specialise resources, enhance law enforcement coordination.

  6. Challenges in implementing the OECD Anti-Bribery Convention (2) • Lengthen statutes of limitations to ensure that there is adequate time to proceed against foreign bribery cases. • Gathering international evidence on foreign bank records, witness testimony, and confiscation of the proceeds of bribery. • Increased international cooperation is essential from countries that are not parties to the Convention.

  7. Challenges in implementing the OECD Anti-Bribery Convention (3) • In general, bribe payments are no longer tax deductible but need to educate tax inspectors further. • Need to improve their accounting and auditing rules to ensure that bribe payments cannot be concealed. • Need for effective mechanisms for notifying the board of directors, management committees and law enforcement when evidence of bribery is found in accounting records.

  8. Conclusion • The OECD Convention has brought about important advances in the global fight against bribery. • Many challenges must be overcome. • Countries must be more proactive in investigating and prosecuting foreign bribery.

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