Implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the Enforcement of the Corruption of Foreign Public Officials Act
Table of Contents
This is the fourth Report to Parliament under the Corruption of Foreign Public Officials Act ("the Act"). For more detailed background information on the Act and on the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, please see the Third Report to Parliament.
To date, 35 states have signed the Convention, including all 34 original members of the OECD Working Group on Bribery in International Business Transactions ("the Working Group"). The Working Group comprises the 30 member states of the OECD and five non-members of the OECD: Argentina, Brazil, Bulgaria, Chile, and Slovenia. Thirty-four signatory states have now ratified the Convention with Ireland being the only member state yet to ratify. Ireland has, however, already passed legislation implementing the Convention into its domestic law. Slovenia is currently the only member state which has yet to pass implementing legislation.
By creating a new separate Act to deal with corruption of foreign public officials, the federal government has allowed for federal, as well as provincial, prosecution.
In an effort to reinforce the practice of sharing of information on these cases among police agencies, the Royal Canadian Mounted Police (RCMP) has undertaken to work with its partners to establish a protocol whereby police agencies would inform the RCMP about cases involving the Corruption of Foreign Public Officials Act.
The RCMP PROOF Criteria and Weights: Economic Crime document provides guidelines to the RCMP on determining the priority of a case for investigation by assigning a weight to it. The document already places a very high priority on fact situations involving corruption. However, corruption will be given even more emphasis as a result of the planned inclusion of the Corruption of Foreign Public Officials Act in the PROOF document.
Recommendation IV of the OCED Council on Combating Bribery in International Business Transactions urges Member countries to disallow the tax deductibility of outlays and expenses related to the bribery of foreign public officials. The Federal Government and all provinces, except Quebec, deny the tax deductibility of outlays made or expenses incurred in the bribery of foreign public officials. Quebec, however, is in the process of implementing this prohibition.
We are aware of one prosecution under the Act, currently being prosecuted by the Alberta Government. Hector Ramirez Garcia, a U.S. immigration officer, who worked at the Calgary International Airport, pleaded guilty, in July 2002, to accepting bribes from Hydro Kleen Group Inc., an Alberta-based company, in exchange for showing favour to the company. Garcia was sentenced to, and has served, six months imprisonment.
Hydro Kleen, its president and an employee, have been charged under the Corruption of Foreign Public Officials Act with, among other things, two counts of bribing Garcia. The case is currently at the preliminary inquiry stage in Alberta.
Justice Canada has contacted provincial authorities to ascertain if there have been any other provincial prosecutions under the Act. No others have been recorded, either federally or provincially.
As illustrated in previous annual reports, considerable efforts have been made to make persons aware of the Corruption of Foreign Public Officials Act, including the following:
Officials continue to make presentations at conferences and at various meetings in Canada;
Consultations continue to take place with the provinces and territories;
The Department of Justice issued a publication: The Corruption of Foreign Public Officials Act: A Guide. The Guide has been updated to reflect amendments to the Act and has been distributed and posted on the Department of Justice web site;
The Act continues to be featured in the Department of Justice's Federal Prosecution Service Deskbook;
The First, Second and Third Annual Reports to Parliament are featured on the web site of the Department of Foreign Affairs and International Trade, along with other material on bribery and corruption as it relates to corporate social responsibility.
The Department of Foreign Affairs and International Trade continues to provide training for its trade commissioners and commercial officers on the Act and the Convention;
The Trade Commissioner Service of the Department of Foreign Affairs and International Trade recently added the promotion of corporate social responsibility, which includes counselling Canadian businesses against engaging in foreign bribery, to its list of roles and activities. Horizons, one of the Department’s intranet websites, now provides information to Canadian trade officers on how to counsel businesses abroad on the Corruption of Foreign Public Officials Act and the risks of bribery;
The Investment Trade Policy, and the Human Rights, Humanitarian Affairs and Women’s Equality Divisions of the Department of Foreign Affairs and International Trade are in the process of distributing to Canadian missions abroad recommendations on how they should promote corporate social responsibility to Canadian businesses abroad. These recommendations include specific instructions on how to promote the Corruption of Foreign Public Officials Act and to counsel businesses against engaging in foreign bribery;
Team Canada Inc plans to add links on the Corruption of Foreign Public Officials Act to its Export Source website and to refer to the Corruption of Foreign Public Officials Act in the next edition of its Step by Step Guide to Exporting;
The Canadian International Development Agency (CIDA) has been engaged in raising the awareness of anti-corruption issues within the agency for several years now. In 1999, an administrative bulletin on Anti-Corruption Clause was circulated to advise CIDA personnel of the need to include an anti-corruption clause in all contracts and contribution agreements issued by CIDA. As part of CIDA's inventory of tools, its Contracting Management Division produced in 2000 The Protocol for Dealing with Allegations of Corruption which is currently available in both languages on Entre Nous. The same year CIDA published a document entitled, Anti-Corruption Programming: A Primer. CIDA will conduct a training workshop in November 2003 to inform and train its staff on corruption. In addition, a number of policy products - programming framework, corruption indicators, etc. - are being planned for this year to sensitize CIDA's bilateral and international programming on issues of corruption.
Currently, several CIDA branches are collaborating to develop a "CIDA position" regarding doing business with firms convicted overseas of corruption. CIDA plans to seek reaction to its position from several government departments active internationally (eg Department of Foreign Affairs and International Affairs, Export Development Canada) and from key domestic departments (eg Treasury Board of Canada Secretariat, Public Works and Government Services Canada). CIDA's "position" may also be presented at the OECD. CIDA is fully cognizant that anti-corruption issues have become extremely important in the current context in which development policies have to take into account governance and security issues;
Export Development Canada (EDC) has taken steps to raise the awareness of the Corruption of Foreign Public Officials Act among its customers. EDC posts information on its website about corruption and bribery, including the Corruption of Foreign Public Officials Act, the Convention and the OECD Export Credits Group Action Statement on Bribery and Officially Supported Export Credits. At various times in the last two years, EDC has written to its customers to inform them about the Convention and the Corruption of Foreign Public Officials Act. Additionally, EDC sponsored a cross-Canada workshop for companies in the spring of 2002, and has developed an anti-corruption brochure for its customers. Most recently, EDC distributed an anti-corruption brochure to inform customers of the potential risks they face if exposed to corrupt business practices, and to encourage the development of corporate best practices in this area. EDC will continue to exploit opportunities to convey to customers its position on this issue; and
The Canada Customs and Revenue Agency (CCRA) is in the process of developing a section in its Audit Manual to deal with the application of section 67.5 of the Income Tax Act. This provision prohibits the deduction of outlays and expenses involved in the bribery of foreign public officials. The CCRA Investigation Manual, which currently refers to bribery offences under the Criminal Code, will be revised to include a reference to the Corruption of Foreign Public Officials Act and the new section in the Audit Manual.
The Convention aims to stop the flow of bribes and, among other benefits, to remove bribery as a non-tariff barrier to trade. The Convention and the 1997 Revised Recommendation of the OECD Council on Combating Bribery in International Business Transactions provide for self and mutual evaluation by Members of the OECD Working Group on Bribery in International Business Transactions (the Working Group). The aim of the review exercise is to ensure the effectiveness of national instruments to combat bribery and a level playing field.
The evaluation takes place in two phases. The first is designed to evaluate whether the legal texts through which participants implement the Convention meet the standard set by the Convention, as well as initial actions to implement the 1997 Revised Recommendation. The second phase of evaluations study and assess the structures put into place to enforce national laws and the application of the laws and rules in practice.
Phase 1 involves the review of each Member Country’s implementing legislation to determine if it meets the requirements of the Convention.
To date, 32 of the 35 Member Countries have undergone Phase 1 reviews, with Chile, Slovenia and Turkey still to be examined. It is expected that all Phase 1 reviews will be completed by 2004. Where a country’s implementing legislation has been found not to meet the standards of the Convention, a Phase 1bis examination is conducted to determine if legislation implemented in response to the Phase 1 review meets Convention standards.
Most of Phase 1 reviews are available on the OECD's web site. Annex “A” to this Report contains a list of web sites where individual country evaluations may be viewed. Paper copies individual public country evaluations may also be obtained from the Criminal Security and Treaty Law Division of the Department of Foreign Affairs and International Trade by phoning (613) 995-1050.
Canada's Phase 1 Evaluation
Canada's implementing legislation was reviewed by the Working Group 8 – 9 July 1999. The Working Group concluded that the Act meets the requirements set by the Convention. The Working Group also noted that some issues may benefit from further examination during the Phase 2 evaluation. These include the exemption of reasonable expenses incurred in good faith, Canada's choice not to establish nationality jurisdiction with respect to bribery of foreign public officials, payments to secure performance of any act of a routine nature from the purview of the offence and sentencing courts' discretion in imposing fines.
Phase 2 Evaluations
During the Phase 2 evaluation, the Working Group evaluates, among other things, Member Countries’ enforcement of their foreign bribery legislation.
The Working Group has developed a questionnaire and procedures for Phase 2 evaluations, including terms of reference for on-site visits. The questionnaire forms the preliminary basis upon which Phase 2 evaluations are conducted, although evaluators may ask supplementary questions in any given area. On-site visits by the Secretariat and lead examiners constitute another major aspect of the evaluation process, and include meetings with government representatives as well as informal exchanges of views with key representatives of the private sector and civil society. (Each examined country is consulted on the best manner of obtaining input from the private sector and civil society.)
Following an on-site visit, the Secretariat, in consultation with the lead examiners, drafts a preliminary report. The Working Group, meeting in plenary, then reviews and adopts the report. The adopted report is later transmitted to the OECD Council.
Finland was the first country to be evaluated in Phase 2 and the Working Group reviewed and approved the report on Finland in 2003. Since then, the Working Group has also reviewed, and approved reports for, the United States, Iceland, Germany and Bulgaria. Canada was examined in Phase 2 earlier this year and the Working Group adopted the report on Canada during its 17 to 19 June 2003 meeting.
Canada and Italy are currently participating as lead examiners in the Phase 2 review of France. It is expected that the Working Group in plenary will adopt the report on France at its October 2003 meeting. All Phase 2 examinations should take place by the end of 2007.
Canada’s Phase 2 Evaluation
At its 17 to 19 June 2003 meeting, the Organisation for Economic Co-operation and Development (OECD), Working Group on Bribery (WGB) approved, in principle, the report on the evaluation of Canada's enforcement of its laws against foreign bribery. It is expected that this report will be finalised, released and published on the OECD website in late 2003.
Overall, the report is positive in its evaluation of Canada's fight against corruption. However, the report makes recommendations which, in the opinion of the WGB, would improve Canada's measures and mechanisms, to prevent, detect and prosecute the offence of bribing a foreign public official. These recommendations deal with the following issues, among others:
increasing awareness promotion of the Corruption of Foreign Public Officials Act;
considering clarifying federal policy statements on reporting wrongdoing and illegal acts in the workplace;
issuing instructions to missions abroad regarding the reporting of credible allegations of corruption by Canadian companies;
reviewing the reporting policy of CIDA and EDC regarding credible allegations of violations of Canada's foreign bribery laws;
considering revisiting the policies of CIDA and EDC on dealing with applicants convicted of bribery and corruption; and
compiling certain statistics on Canada's foreign bribery and other offences.
Of the 16 recommendations made, 12 call on Canada to review and/or consider making changes to its laws, policies and or practices. Of the four recommendations calling for Canada to make positive changes to its policies or practices, none require new legislation nor legislative amendments.
Although the OECD's post Phase 2 follow-up procedure is yet to be finalised, it appears likely that Canada will be called on to update the WGB on its implementation of the recommendations in one year, i.e. by June 2004, followed by a more detailed report the following year, i.e. June 2005. Both Canada’s implementation of the recommendations and the new follow-up procedure will be discussed in subsequent annual reports to Parliament.
Implementation of the Convention
Thirty-four Members of the OECD Working Group on Bribery had ratified the Convention as of the date of preparation of this report. Annex “B” to this report contains information on the ratification status of the Convention as of 20 June 2003.
Thirty-two Members of the Working Group (including Canada) have had their implementing legislation evaluated as part of the peer review process. The other Members who have been evaluated include: Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, the United Kingdom, and the United States. Finland, the United States, Iceland, Germany, Bulgaria and Canada have also had their enforcement mechanisms evaluated as part of the Phase 2 review.
The following is a chart, based on Member submissions to the OECD, of steps taken and planned future actions by other participating countries to ratify and implement the Convention, current as of 19 June 2003:
STEPS TAKEN AND PLANNED FUTURE ACTIONS BY PARTICIPATING COUNTRIES TO RATIFY AND IMPLEMENT THE CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS1
Information as of 19 June 2003
Thirty-four countries have deposited their instrument of ratification with the Secretary-General of the OECD: Iceland (17 August 1998), Japan (13 October 1998), Germany (10 November 1998), Hungary
(4 December 1998), United States (8 December 1998), Finland (10 December 1998), United Kingdom (14 December 1998), Canada (17 December 1998), Norway (18 December 1998), Bulgaria, (22 December 1998), Korea (4 January 1999), Greece (5 February 1999), Austria (20 May 1999), Mexico (27 May 1999), Sweden (8 June 1999), Belgium (27 July 1999), Slovak Republic (24 September 1999), Australia (18 October 1999), Spain (14 January 2000), the Czech Republic (21 January 2000), Switzerland (31 May 2000), Turkey (26 July 2000) France (31 July 2000), Brazil (24 August 2000), Denmark (5 September
2000), Poland (8 September 2000), Portugal (23 November 2000), Italy (15 December 2000), Netherlands (12 January 2001), Argentina (8 February 2001), Luxembourg (21 March 2001 ), Chile (18 April 2001) New Zealand (25 June 2001) Slovenia2 (6 September 2001).
The Argentine Republic approved the Convention by Law N° 25.319 on 18 October 2000 and deposited the instrument of ratification on 8 February 2001 with the OECD Secretary-General.
To conform to the Working Group's recommendations, a draft bill has been prepared to amend Article 258 bis of the Penal Code adapting the offence of bribery of a foreign public official to the standards of the OECD Convention. The draft bill has been approved by the Parliamentary House of Representatives in 2002, at the end of the ordinary sessions’ period. The draft is now being considered by the Commission of Criminal Law and Penitentiary Affairs at the Senate.
On another related issue, the Ministry of Justice and Human Rights elaborated a draft bill on the criminal liability of legal persons, in accordance with the standards of the Convention, which is now being considered by a working group in order to report conclusions on the subject to the Minister.
Argentina deposited the instrument of ratification of the Inter-American Convention against Corruption (ICAC) on 9 October 1997. In February 2003, under the recently adopted monitoring procedure, the Committee of Experts within the Follow-up Mechanism for the implementation of the ICAC, evaluated Argentina’s legislation related to certain articles of the ICAC. The result of this evaluation will be published on the website of the OAS or of the Argentinean Anticorruption Office (spanish only).
Legislation to implement the Convention has been passed by the Australian Parliament and received Royal Assent on 17 June 1999. The instrument of ratification has been deposited with the OECD Secretary-General on 18 October 1999. The legislation came into effect on 18 December 1999.
The domestic offences of bribery have been updated and the penalties raised to those imposed on bribery of foreign public officials.
The legislation implementing the Convention is in force in Austria since 1 October 1998. The First Chamber of Parliament passed the bill for ratification on 24 March 1999. The ratification process was finalised and the instrument of ratification deposited with the OECD Secretary-General on 20 May 1999.
Austria has to adopt legislation on the status of legal persons in order to conform to the OECD Convention, the Second Protocol to the Convention for the Protection of the Financial Interest of the European Union and other EU instruments as well as the Council of Europe Criminal Law Convention on Corruption, signed on 13 October 2000.
The discussion process on reviewing the status of legal persons is taking longer than expected. The meeting organised by the Government parties in Parliament in early June 2002 with experts, Members of Parliament, and private sector representatives resulted in a favourable appreciation of the concept of penal sanctions by a large majority of experts. The Minister of Justice is ready to present a draft bill on penal responsibility of legal persons later this year; however, the necessary agreement within the government has not been reached yet because the basic concept is still contested and some political players favour civil or administrative sanctions.
Ratification and implementation of the Convention involved two different steps. With respect to revision of penal law to comply with the obligations under the Convention, the legislative proposal was passed by Parliament at the beginning of February 1999, it was published on 23 March and entered into force on 3 April. The ratification bill was adopted by Parliament on 22 April and it received royal sanction on 9 June 1999. The instrument of ratification has been deposited with the OECD Secretary-General on 27 July 1999.
Brazil ratified the Convention in 2000. The Senate approved the ratification bill on 12 June 2000. The President signed the bill on 6 August and the instrument of ratification was deposited with the OECD Secretary General on 24 August 2000. The Convention text was published in the Official Gazette on 30 November 2000.
The draft implementation bill was submitted to Congress and approved by the Federal Chamber of Deputies in October of that same year and by the Senate in June 2002. Sanctioned by the President on 10 June 2002, Law no. 10.467/2002 came into force with the publication in the Official Gazette on 11 June 2002.
While the Convention had force of law in Brazil when it was ratified, the implementation law has the purpose of responding to certain Constitutional requirements related to criminal law. Law no. 10.467/2002 provides for a definition of corruption in international business transactions; a definition of foreign public official, which includes officials of enterprises controlled, totally or partially, by a foreign government and officials of intergovernmental organizations; punishment of corruption of foreign public officials with prison terms of one to eight years and fines, and increase by one third in imprisonment if the purpose of the corrupt act is achieved; punishment of illicit lobbying or conspiracy to corrupt foreign public officials in international transactions; and bribery and corruption of foreign public officials as predicate offences for the money laundering legislation.
A number of other legal texts are also relevant to the Convention, in particular the Criminal Code (Title 11), Law no. 1069/1969 (obligation of declaring money and assets existent in foreign countries), Law no. 7492/1986 (crimes against the financial system), Law no. 8027/1990 (Code of Conduct for public officials and employees), Law no. 8137/1990 (crimes against the tax system), Law no. 8429/1992 (illicit enrichment of public officials or employees), Law no. 8730/1993 (obligation for public officials of declaring their assets and incomes), Law no. 9034/1995 (criminal organizations), Law no. 9613/1998 (money laundering) and Law no. 9840/1999 (corruption of elected officials and fraud in elections).
Brazil also deposited, on 24 July 2002, the instrument of ratification of the Inter- American Convention against Corruption, signed in Caracas, on 29 March 1996.
Brazil envisages to hold a number of national, regional and global anti-bribery events to raise awareness, including among the private sector and civil society. These different events will be converging towards the 2005 Global Forum on Fighting corruption, to be held in Brazil.
Bulgaria ratified the Convention on 3 June 1998 and deposited its instrument of ratification on 22 December 1998 with the Secretary-General of the OECD. The implementing legislation, including the definition of foreign public official, was passed by Parliament on 15 January 1999 and came into force on 29 January 1999. The text of the Convention was published in the Official State Gazette on 6 July 1999. From this date on, it is considered part of the domestic legislation.
Subsequent to the Working Group's recommendations, Parliament adopted on 8 June 2000, amendments to the Penal Code relating to the criminalisation of “offering” and “promising” of a bribe as well as the abolition of the concept of “provocation” as a defence. On 13 September 2002, the Parliament adopted a law amending the Penal Code to introduce non-material (non-valuable) advantages into the scope of the definition of bribery and to revoke the defence applicable to active bribery of foreign public officials. Furthermore, fines have been introduced as an additional sanction to imprisonment for a bribery offence. Finally, private sector bribery, trading in influence, passive bribery of foreign public officials and bribery of arbitrators have been made criminal offences.
Bulgaria ratified both the Council of Europe Civil Law Convention on Corruption (June 2000) and the Criminal Law Convention on Corruption (November 2001).
The Corruption of Foreign Public Officials Act (CFPOA) was adopted by the Senate on 3 December 1998 and by the House on 7 December 1998; it received Royal Assent on 10 December 1998. The Convention was ratified on 17 December 1998. The law came into force on 14 February 1999, a day before the entry into force of the Convention. As the result of revisions to Canada's Criminal Code, consequential amendments were made to the CFPOA which were necessary as part of more general changes to the Criminal Code. The text of Bill C-24, which includes amendments to the CFPOA, received Royal Assent on 18 December 2001, and came into force on 7 January 2002.
Three bills directly or indirectly linked to the fight against corruption have been introduced in 2003. Another Bill C-24, which is to regulate campaign financing, was introduced in January 2003 and passed third reading in the House of Commons on 11 June 2003. It became law on 19 June 2003. Bills C-45 and C-46 were introduced in Parliament in early June 2003. Bill C-45 codifies and modernises the Canadian criminal law in relation to corporate criminal liability. Bill C-46 deals with serious capital market fraud. This bill creates new offences relating to insider trading; establishes new provisions in relation to protection of whistleblowers and creates investigatory structures and enforcement measures.
In May 2003, the Canadian government sponsored, and participated in, a symposium organised by Transparency International Canada to, among other things, raise awareness on preventing and fighting corruption in general and on the OECD Anti-Bribery Convention in particular.
The draft ratification law of the Convention was presented to the Chamber of Deputies on 5 January 1999 which approved it on 23 March 2000. The draft bill, which had been sent to the Senate on 4 April, was approved in March 2001. Chile deposited its instrument of ratification with the OECD Secretary-General on 18 April 2001.
A bill to implement the Convention was submitted to Parliament in December 2001; it passed the Chamber of Deputies in July 2002 and the Senate in September 2002. The amendment to the Chilean Penal Code was published in the Official Gazette as an Act of the Republic in full effect in the first week of October 2002. The implementing legislation establishes the offence of bribery of foreign public official, provides for a definition of “foreign public official”, it introduces criminal liability of legal persons as well as penalties for omissions and falsifications by companies of their books and records.
The Chilean Government has recently created a National Corruption Expert Group.This group is constituted of public officials from the most important entities in the Chilean Administration, specialised in the prevention, detection and prosecution of acts of corruption. The activity of this group will be co-ordinated by the Ministry of Foreign Affairs. The group’s purpose will be, among others, to support the activities of the OECD Working Group on Bribery in International Business Transactions in Chile.
Draft legislation for the creation of a Financial Intelligence Unit (FIU) has been submitted to Congress. This draft law, which is aimed at preventing money laundering, establishes money laundering as a predicate offence in relation to bribery of domestic and foreign public officials.
The draft amendment to the Criminal Code was adopted by Parliament and came into force on 9 June 1999. The ratification process was finalised and the instrument of ratification deposited with the OECD Secretary-General on 21 January 2000. The Convention entered into force internally on 21 March 2000.
An amendment to the Income Tax Act stating explicitly that bribes are not deductible expenses entered into force on 1 January 2001. A new Act on Auditors also entered into force on 1 January 2001. Accordingly, auditors have to notify immediately any indications of possible acts of bribery to the statutory and supervisory bodies of the company. The Parliament approved an amendment to the Accounting Act in September 2001. This amendment, which explicitly prohibits offthe- book accounts as well as off-the-book transactions and increases fines, entered into force on 1 January 2002.
The government approved, on 9 April 2001, the legislative concept of re-codification of the Criminal Code, which will include the introduction of criminal responsibility of legal persons. The draft Criminal Code should be finalised and submitted to Parliament during 2003 and come into force in 2005.
The Czech Republic ratified the Council of Europe Criminal Law Convention on Corruption (8 September 2000) and signed the Civil Law Convention (9 November 2000).
The Government submitted draft legislation on both ratification and implementation of the Convention in Spring 1999 to Parliament. The draft legislation was resubmitted to Parliament in October and went through the first reading on 27 October 1999. On 30 March 2000, the draft law to implement the Convention was adopted by Parliament and came into force 1 May 2000. The instrument of ratification was deposited with the OECD Secretary General on 5 September 2000. The legislation is publicly available, including on the Internet.
The legislation for ratification and implementing legislation were approved by Parliament on 9 October 1998 and Finland deposited its instrument of ratification on 10 December 1998. The amended Penal Code entered into force on 1 January 1999. The Convention entered into force internally on 15 February 1999.
The Finnish parliament has started to review amendments to the Criminal Code with a view to a) eliminate the current dual criminality provision relating to the bribery offence of a foreign public official; and b) to extend the active and passive bribery offence to Members of Parliament.
In light of the recommendations of the phase 2 examination by the Working Group, the Finnish government established a joint co-ordination body aimed at fighting corruption. The co-ordination body, which became operational at the end of 2002, is composed of officials from different ministries, such as Justice, Interior, Trade and Industry as well as the National Bureau of Investigation, the Office of the Prosecutor General, the Taxation Office, Customs Authorities and the confederation of Municipalities.
Public discussions on combating transnational public and private bribery and corruption have increased in Finland. Also, to ensure better awareness by the Finish business community of the current anti-bribery measures and provisions, a seminar involving government, private sector and civil society will be held in March 2003.
The law authorising the ratification of the Convention was adopted on 25 May 1999 (law n° 99-424 of 27 May 1999). The National Assembly adopted the implementing legislation on 30 June 2000. France deposited its instrument of ratification on 31 July 2000. The Convention entered into force together with the implementation law on 29 September 2000.
Germany ratified the Convention on 10 November 1998. The implementing legislation contained in the Act on Combating International Bribery of 10 September 1998 entered into force together with the Convention on 15 February 1999.
Legislation implementing the European anti-corruption instruments, notably the Second Protocol to the Convention for the Protection of the Financial Interest of the European Union as well as the European Joint Action on bribery in the private sector, was adopted by Parliament and came into force on 30 August 2002. The law contains amendments to the Penal Code, extending the domestic private bribery offence to international bribery, as well as to the Administrative Offences Act, extending the provisions on sanctioning of legal persons and providing for higher fines. The adoption of the Second Protocol to the Convention for the Protection of the Financial Interest of the European Union and of the EU Bribery Convention was finalised and published in the Official Gazette in October 2002. The Second Protocol to the Convention for the Protection of the Financial Interest was ratified on 5 March 2003.
The Convention was ratified by Parliament on 5 November 1998. The implementing legislation was passed by Parliament the same day. Greece deposited its instrument of ratification on 5 February 1999.
To conform to the Working Group's recommendations, amendments to the implementing legislation have been adopted by Parliament. These amendments, which have been published in the official gazette on 24 December 2002, include a definition of foreign public officials by reference to Art. 1 of the Convention and address the responsibility of legal persons in reference to "enterprises and legal persons".
The Ministry of Justice circulated a questionnaire to all prosecutors' offices during the summer 2000 in order that they report back on all possible cases concerning the application of the Convention.
The texts of ratification of the Convention and implementing legislation (the Amendment of the Criminal Code) were submitted to Parliament in May 1998. The text for ratification was approved on 29 September 1998 and Hungary deposited its instrument of ratification on 4 December 1998. The Amendment of the Criminal Code was passed in December 1998 and came into force on 1 March 1999.
The government adopted in March 2001 a resolution to fight corruption. This resolution is broadly designed, including measures relating to criminalisation of corruption, to political parties’ financing and accounting practices as well as public procurement rules.
A bill with amendments to the penal code has been adopted by Parliament in December 2001. These amendments relate notably to the elimination of the defence in the case of the bribe being given upon the initiative of the foreign public official, penalties and statute of limitations, the confiscation regime and the sanctioning of legal persons. A bill on the responsibility of legal persons has also been approved in December 2001 by Parliament. The bill provides for criminalisation of legal persons and of their managers that have committed criminal acts for the account of the legal person or that have omitted to control their personnel.
A new bill, aimed at increasing transparency, has come into effect on 9 June 2003. This law extends, among others, the competence of the financial controller to private companies which benefit from public funding.
The Government is preparing draft legislation regulating public procurement; a draft bill will probably be presented to Parliament in the second half of 2003. Hungary signed the Council of Europe Criminal Law Convention on Corruption on 15 January 2003.
The Icelandic government deposited its instrument of ratification on 17 August 1998 and the implementing legislation was passed by Parliament on 22 December 1998.
The Icelandic Parliament passed legislation n° 144, 1998, on 17 December 1998 on Criminal Responsibility of Legal Persons. It came into force on 22 December 1998. This legislation was passed along with the implementation legislation.
On 27 April 2000, the Icelandic Parliament passed legislation amending the General Penal Code. The amendments came into effect on 9 May 2000. The ceiling on the level of fines for legal persons was removed and the statute of limitations for legal persons was increased to up to five years.
The Prevention of Corruption (Amendment) Act, 2001 is the legislation which enables Ireland to ratify a number of Conventions dealing with corruption, drawn up by the European Union, the Council of Europe and the OECD respectively. It was signed into law by the President on 9 July, 2001.
The Act commenced by Ministerial order with effect from 26 November 2001 with the exception of one subsection, i.e. section 4(2) (c) relating to the planning process, which is dependent on the commencement of the relevant section of the Planning and Development Act, 2000.
Preparations for ratification of the three Conventions commenced in Spring 2002. Having secured the approval of Dail Eirean (the lower House of Parliament) on 17 December 2002 to the OECD Convention, the necessary administrative arrangements are currently underway in the department of Foreign Affairs for its ratification.
It may be noted that section 4(2) (c) of the Prevention of Corruption (Amendment) Act 2001, which relates to the planning process, was commenced with effect from 4th November 2002. All sections of this Act are now fully operative.
The law of ratification and implementation of the Convention was enacted by the Italian Parliament, together with three other European Union instruments against corruption and bribery, on 29 September and was published in the Official Journal on 25 October 2000. The law came into force on 26 October. The instrument of ratification was deposited with the OECD Secretary-General on 15 December 2000.
The law provides for non-criminal sanctions of legal persons - whose application is however entrusted to the penal judge. Sanctions include fines of up to Euro 1.5 million. In addition, various penalties can be imposed in most serious cases such as ineligibility, exclusion from public benefits, revocation of authorisations. This new approach will also apply to domestic corruption and some other offences by companies. The text of the decree, through which the provision on the liability of legal persons enters into force, was approved by the Council of Ministers in May 2001. On 8 June 2001, the President of the Republic and the government signed the decree. The legislative decree of 8 June, nr. 231, was published in the official gazette nr. 140 on 19 June. It came into force on 4 July 2001, 15 days after its publication.
A code of conduct for public employees as well as a statute providing for the immediate dismissal of corrupt public officials have been published in the official gazette in April 2001.
In autumn 2001, the Italian parliament adopted two laws in areas covered by the Convention: one on mutual legal assistance and another one empowering the Government to issue a legislative decree on company law. The legislative decree, issued on 11 April 2002, contains among others, provisions on accounting offences by legal persons and on criminalisation of private-sector bribery.
A Parliamentary Committee of Inquiry has been created (Law n°99 of 21 May 2002) in order to inquire about a case of possible bribe payments abroad which supposedly occurred in 1997, in relation to the acquisition of the 29% of Telekom Serbia by Telecom Italia. The Committee, which was given important investigative powers, is composed of 20 members of the Chamber of Deputies and 20 members from the Senate. The Parliamentary Committee of Inquiry is in contact with Magistrates of the competent courts, investigating allegations made by a defendant who is currently being held in Switzerland.
A further case falling under the scope of the Convention was extensively reported by the Italian press in early June 2003. It concerns a major Italian company active in the energy sector for an alleged case of bribery of Foreign Public Officials through intermediaries in at least three countries of the Middle East. Further information on these alleged cases will be sought by the Working Group in the context of the imminent examination of the Italian Implementing legislation (Phase 2 review).
Law n. 3, dated 16 January 2003, establishes a "High Commissioner for the prevention and the fight against corruption and other forms of illicit practices in Public Administration". The High Commissioner is a body with the power of supervision and control of the activities of Public Administration with regards to corruption. It is entrusted with wide powers of investigation and autonomously reports to the Government, to the Judiciary and to the Court of Audits.
On 10 April 1998, the Government of Japan formally submitted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, along with its implementing legislation (amendments to the Unfair Competition Prevention Law) to the National Diet, which approved the conclusion of the Convention on 22 May 1998. The implementing legislation was adopted on 18 September 1998. The instrument of acceptance was deposited on 13 October 1998. The implementing legislation – the Unfair Competition Prevention Law – entered into force together with the Convention on 15 February 1999.
The Anti-Organised Crime Law, which contains provisions making money laundering an offence in relation to bribery of foreign public officials, was adopted in August 1999 and entered into force in February 2000. A new policy excluding companies involved in bribery transactions from official development assistance contracts has been adopted in April 2000.
In view of conforming to the Working Group’s recommendations, the Diet adopted a bill amending the Unfair Competition Prevention Law on 22 June 2001. The amendment removes the “main office” exception and broadens the definition of public officials in relation to public enterprises. In 2003, the government started examining the revision of the legislation implementing the Convention. The main issue under revision is the adoption of nationality jurisdiction and the introduction of a regulation for seizure of proceeds. A draft bill will be prepared in the second half of 2003 for submission to the next parliamentary session of the Diet.
The Korean Government formally submitted the bill to ratify the Convention along with its implementing legislation to the National Assembly in October 1998, which approved both bills on 17 December 1998. Korea deposited its instrument of ratification on 4 January 1999. Korea’s implementing legislation – the Act on Preventing Bribery of Foreign Public Officials in International Business Transactions - came into effect at the time of the entry into force of the Convention, i.e. on 15 February 1999.
National Assembly adopted on 3 September 2001 two anti-money laundering bills -- the Financial Transaction Reports Act and the Proceeds of Crime Act, expected to come into force on 28 November 2001. The Financial Transaction Reports Act stipulates the establishment of a Financial Intelligence Unit (FIU) whereby financial institutions will be required to provide the FIU with information on suspicious financial transactions. The Proceeds of Crime Act makes money laundering an offence in relation to bribery of domestic and foreign public officials.
The Chambre des Députés (Parliament) approved the bill to ratify and implement the Convention on 15 January 2001. The bill was published in the Mémorial (Official Journal) on 7 February 2001 and entered into force on 11 February. The instrument of ratification was deposited with the OECD Secretary-General on 21 March 2001.
The Convention was approved by the Mexican Senate as an international treaty on 22 April 1999; on 12 May, the promulgation decree was published in the “Official Gazette of the Federation” (D.O.F.). The implementing legislation was approved by the two Chambers in Congress at the end of April, as part of a comprehensive package of reforms to the Criminal code in Mexico. The respective decree was promulgated in the D.O.F. on 17 May 1999. The instrument of ratification was deposited with the OECD Secretary-General on 27 May 1999.
To conform to the Working Group recommendations, the government has drafted a bill to fully implement the Convention. The bill is going to go to Congress during the next period of session (September-December 2003).
Mexico adopted a number of provisions in related areas aimed at increasing transparency and thereby limiting or discouraging opportunities for corruption in 2002. The Access to Information Act was approved by Congress and published in the Official Gazette on 11 June. The public procurement and public works laws are in the process of being amended to include, among others, provisions allowing public consultations to review bidding guidelines of relevant bidding processes and to promote and recognise transparent companies.
On 13 March 2002, amendments to the Civil Servants Federal Administrative Responsibility Act were approved. These reforms prevent illicit conducts of domestic officials and provide the Ministry of Public Administration with the necessary legal tools to guarantee a more efficient application of the law. This law regulates conflict of interests and reduces the authority's discretion to impose sanctions. It establishes provisions to verify and examine the evolution of domestic public officials' patrimony, enabling the Ministry of Public Administration to request the Mexican Banking and Securities Commission to disclose banking information as well as to freeze the assets of public officials under investigation (as well as of their spouses & economic dependants) in order to guarantee the payment of sanctions.
Mexico has started to develop actions to raise public awareness about the Convention. Mexico has, among other actions, developed documentation which is being distributed, to the Federal Government, State’s Economic Development Ministries lawyers, corporations, accountants, business, industrial, banking and financial chambers, universities, opinion leaders and Development Banks (Banco Nacional de Comercio Exterior and Nacional Financiera). Documentation is also provided to foreign firms that participate in bids in Mexico, through embassies of member countries in their commercial and economic sections; and to Mexican firms that supply to governments of OCDE member countries trough our embassies abroad. Integrity programmes and best practices are increasingly made known to the private sector.
Mexico deposited the instrument of ratification of the Inter-American Convention on Corruption on 2nd. June 1997. Today, Mexico is an active participant in the negotiations of the Convention on Corruption of the United Nations. By the end of this year, the Convention, will be signed in Mexico.
The bills to ratify and implement the Convention were enacted, together with three other European Union instruments against corruption and bribery, on 13 December 2000 and came into force on 1 February 2001. The instrument of ratification was deposited with the OECD Secretary-General on 12 January 2001.
The “Directive on the investigation and prosecution of corruption of officials”, adopted on 8 October 2002 and which entered into force on 15 November 2002 for a period of four years (i.e. 15 November 2006) indicates the factors that will have to be taken into account in determining whether it is appropriate to prosecute domestic and transnational corruption cases. The directive addresses, among others, the use of facilitation payments/gifts for which no specific monetary value is set.
The Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 implementing the Convention was passed by the Parliament and received the Royal Assent on 2 May 2001. The Act was published in the Public Act 2001 n°28 and came into force on 3 May 2001. The ratification followed the enactment of legislation and the ratification instrument was deposited with the OECD Secretary-General on 25 June 2001.
After consultation with the relevant private and public authorities, at the end of May 1998, the Government submitted to Parliament the bills to ratify and implement the Convention. The amendments to the Penal Code were passed on 27 October 1998 and came into force on 1 January 1999. The instrument of ratification was deposited on 18 December 1998.
New draft legislation on bribery of foreign public officials has passed Parliament in early June 2003. This new legislation addresses the level of penalties, which has been raised for natural persons to up to 10 years imprisonment. This new legislation will have consequences on the investigation techniques as well as on the statute of limitations applicable to the corruption offence.
Norway is about to ratify the Council of Europe Criminal Law Convention on Corruption.
The ratification bill, which was approved by the two chambers of Parliament in January 2000, has received Presidential approval and has been published in the Official Journal. The instrument of ratification was deposited with the OECD Secretary General on 8 September 2000.
The implementing legislation was enacted on 9 September. It was signed by the President and published in the Official Journal on 3 November 2000. It entered into force on 4 February 2001.
The most important elements of the implementing act are the criminalisation of active and passive bribery of foreign public officials, the administrative responsibility of legal persons, the provision allowing better mutual legal co-operation, and the exclusion of companies having been found to bribe from public orders.
After the Convention was approved and ratified by the Parliament (February 2000) and by the President of the Republic, the instrument of ratification was deposited with the OECD Secretary General on 23 November 2000.
In June 2001, Portugal enacted implementing legislation (Law no. 13/2001 of 4 June). The law entered into force on 9 June, 2001.
The implementing law aims at meeting the requirements of the Convention; it is part of a more general concern to address economic and financial crime. The law covers foreign public officials, including of international organisations and foreign and national holders of political positions not considered officials. It provides for criminal sanctions for natural persons, with imprisonment ranging from 1 to 8 years and for criminal liability of legal persons. It also establishes bribery as a predicate offence for money laundering purposes.
In November 2001, a new law n° 108/2001 was adopted, introducing several amendments concerning the anti-corruption provisions of the penal code. It introduces the offence of active and passive private sector bribery, which may be sanctioned by imprisonment of up to three years. The law also provides for criminal liability of legal persons and establishes bribery as a predicate offence for money laundering purposes.
Slovak Parliament approved the ratification of the Convention on February 11, 1999. The implementing legislation, which included the amendment of the Penal Code, entered into force on 1 September 1999. On 1 November 1999, the amendment to the Code of Criminal Procedure came into effect. The instrument of ratification was deposited with the OECD Secretary-General on 24 September 1999.
In June 2001, the National Council of the Slovak Republic adopted the law 253, amending the Penal Code in line with the recommendations of the Working Group. The law came into force on 1 August 2001. Accordingly, the offence of bribery of foreign public official includes third parties, the level of sanctions is increased to those imposed for bribery of domestic public officials, the statute of limitations is extended to up to 5 years. Amendments to the Penal Code of September 2002 (Act n° 421/2002) extend the offence to intermediaries and third beneficiaries as well as to bribery in the private sector.
The Criminal Procedure Code was changed by Act n° 422/2002. The Act, which came into effect on 1 October 2002, introduces in particular “abridged investigations”, new special investigative means and contains more precise provisions on extradition and mutual legal assistance.
The Law n° 466/2002 on Auditors and Chamber of Auditors is effective since 1 January 2003. It is designed for implementing international auditing standards and IFAC Codes of Ethics in the Slovak Republic. It also introduces auditing of political parties.
The Law n° 431/2002 on Accounting, designed to adapt domestic accounting rules to international standards, came into effect on 1 January 2003.
The full re-codification of the Penal Code and Code of Criminal Procedure will include a provision on criminal liability of legal person and a revised provision on effective regret regarding corruption.
Slovenia enacted the law authorising accession to the Convention in December 2000; it was published in the official gazette 1/2001 on 8 January 2001. Slovenia deposited its accession instrument with the OECD Secretary-General on 6 September 2001.
To conform to the provisions of the Convention, the Slovenian Parliament adopted a new anti-money laundering legislation in late September 2001. The government also established the “Prevention of Corruption Office”, which has prepared a draft Anti-Corruption Law and a draft Anti-Corruption National Strategy. Both texts have been approved by the Government. Slovenia expects that both documents will be adopted by Parliament by the end of 2003 or in the first quarter of 2004. Slovenia expects to be in line with the requirements of the Convention after the adoption of the above mentioned acts.
Slovenia ratified the Council of Europe Civil Law Convention on Corruption in March 2003.
The ratification law was submitted to Parliament in the fall 1998. Spain deposited the instrument of ratification with the OECD Secretary-General on 14 January 2000. On 12 January 2000, the implementing legislation was published in the State Official Journal; it came into force on 2 February 2000.
To comply with the Working Group’s recommendations to fully implement the Convention, the Ministry of Justice initiated an amendment process to extend the definition of a foreign public official in order to conform to the definition in the Convention and provide for accessory sanctions for legal persons. It is hoped that these amendments, which have been submitted to Parliament, will be adopted by the end of 2003.
The bill embracing the necessary amendments of Swedish legislation in order to be able to ratify and implement the Convention was passed by Parliament on 25 March 1999. The instrument of ratification was deposited with the OECD Secretary-General on 8 June 1999. The implementing legislation entered into force on 1 July 1999.
The Swedish Government held a seminar in early 2003 to alert businesses to antibribery and other corporate social responsibility issues. The meeting was organised with the International Chamber of Commerce (ICC) and in association with Transparency International.
Draft ratification and implementing legislation was approved by the upper Chamber of Parliament on 7 October 1999 and by the lower Chamber of Parliament on 9 December 1999. The law entered into force on 1 May 2000, after the mandatory three month period for possible referenda had expired and publication requirements were fulfilled. The instrument of ratification was deposited with the OECD Secretary-General on 31 May 2000.
The draft corporate liability bill was approved by the lower Chamber of Parliament (7 June 2001) after having been approved by the upper Chamber of Parliament (14 December 1999). The remaining differences between the two Chambers were resolved in September 2001. The bill provides that in corruption cases penal sanctions can be imposed independently from the criminalisation of natural persons and independently from the act or the negligence of a body of the corporation. Since the corporate liability bill is part of a general revision of the Penal Code under way, it was decided in 2002 to advance the entry into force of the bill by introducing an independent law on criminal liability of legal persons. The independent law has been approved by Parliament in early 2003. The Swiss Government will fix the exact date of the law’s entry into force over the summer 2003.
The government decided in February 2001 to sign the Council of Europe Criminal Law Convention. Switzerland may consider joining, at a later stage, the GRECO.
The Convention was ratified on 1 February 2000 by the Turkish Grand Nation Assembly and the ratification bill entered into force on 6 February 2000. The instrument of ratification was deposited with the OECD Secretary General on 26 July 2000.
The legislation to implement the Convention, adopted by Parliament on 2 January 2003, is in force since its publication in the Official Gazette on 11 January 2003. The main features of the new legislation are the broadening of the definition of the offence of bribery in the Turkish Penal Code so as to include i) bribery of foreign officials, ii) the re-trial of bribery cases, even if the legal action has been taken in the country where the bribery offence was committed, and iii) sanctioning of legal persons in addition to sanctions applied to natural persons of legal entities in relation to bribery cases.
The United Kingdom deposited its instrument of ratification on 14 December 1998. Legislation to cover issues raised by the Working Group was included in the Anti-Terrorism, Crime and Security Act 2001, which came into force on 14 February 2002. These were: the application of the law to the bribery of foreign officials and introducing jurisdiction over acts by UK nationals and companies abroad; and the lifting of restrictions on the sharing of information by the tax and customs authorities in support of criminal investigations or proceedings. Amendments to the Income and Corporation Taxes Act 1988, which came into force in July 2002, provide that payments made outside the UK which would have constituted a criminal offence if made within the UK will not be deductible for tax purposes.
The Government had announced at the beginning of the 2002/3 Parliamentary session that it would publish a new draft corruption law which would consolidate and clarify all existing law in this area. A draft bill was published for comments at the end of March 2003.
As regards Scotland, provisions on corruption similar to those contained, for the rest of the UK, in the 2001 Act were brought into force on 27 June 2003 under the Criminal Justice (Scotland) Act 2003.
The Convention was extended to the Isle of Man in June 2001. Negotiations are still under way to bring the Channel Islands (Jersey and Guernsey) within the scope of the Convention. Each of them is currently preparing new legislation to comply with the Convention, with bills expected to come before their respective Parliaments around the end of 2002.
The process to bring the UK’s Overseas Territories under the scope of the Convention has begun. This involves a bilateral consultative process with each territory. Of these, Gibraltar is in the process of drafting new legislation, and the Cayman Islands legislature is considering amendments to its Penal Code. The UK will inform the Group of further progress towards the extension of the applicability of the Convention to Overseas Territories.
The results of an independent study by consultants into financial regulation in 6 Overseas Territories (Anguilla, Bermuda, the British Virgin Islands, Montserrat, and the Turks and Caicos Islands) were published in October 2000 and are available from http:/www.official-documents.co.uk/document/cm48/4855/4855.htm.. Implementation of the recommendations is proceeding and will ensure that all the Overseas territories fully meet international standards of financial regulation.
The United States’ implementing legislation, which amended the Foreign Corrupt Practices Act (FCPA), took effect on 10 November 1998. The ratification instrument was deposited with the OECD Secretary-General on 8 December 1998. The United States has also ratified the Inter-American Convention against Corruption and signed the Council of Europe Criminal Law Convention on Corruption as well as the GRECO.
Since the enactment of its legislation, the United States has taken the following steps to implement the Convention:
The Civil Asset Forfeiture Reform Act (CAFRA) made it possible to seek civil and criminal forfeiture of the proceeds of foreign bribery.
The President signed an executive order in March 2002 designating the European Union’s organisations and Europol as public international organisations, making bribery of officials from these organisations a violation of the FCPA.
The U.S. Sentencing Commission promulgated amendments, effective November 2002, making violations of the FCPA and violations of the domestic bribery law subject to the same sentencing guidelines.
In April 2003, a grand jury in New York returned an indictment charging James Giffen, a U.S. citizen, who acts as a counsellor to the Government of Kazakhstan on oil transactions, with inter alia, violations of the FCPA, money laundering and fraud associated with the diversion of fees paid by oil companies and the deposit of funds into Swiss bank accounts held for the benefit of Kazak officials. Trial in this matter is currently scheduled for January 2004.
A pending issue of interest to the Working Group is the scope of “obtaining or retaining business” as used in the FCPA. This issue has arisen in several recent cases and the U.S. Court of Appeals for the Fifth Circuit heard arguments in March 2003. A decision is expected soon. If the Court adopts a restrictive interpretation of the statute’s language, thus making it inconsistent with the Convention, the United States will consider remedial legislation.
Annex A - Country Evaluation Web Sites
Bulgaria (phase 1)
Bulgaria (phase 2)
Germany (phase 1)
Germany (phase 2)
Hungary (phase 1)
Hungary (phase 2)
Iceland (phase 1)
Iceland (phase 2)
United Kingdom (phase 2)
United States (phase 1)
United States (phase 2)
OECD Convention on Combating Bribery of Foreign Public Officials
in International Business Transactions
RATIFICATION STATUS AS AT 10 OCTOBER 2002
|Country||Deposit of instrument of ratification/ acceptance||Entry into force of the Convention||Entry into force of implementing legislation|
|Argentina||8 February 2001||9 April 2001||10 November 1999|
|Australia||18 October 1999||17 December 1999||17 December 1999|
|Austria||20 May 1999||19 July 1999||1 October 1998|
|Belgium||27 July 1999||25 September 1999||3 April 1999|
|Brazil||24 August 2000||23 October 2000||11 June 2002|
|Bulgaria||22 December 1998||20 February 1999||29 January 1999|
|Canada||17 December 1998||15 February 1999||14 February 1999|
|Chile||18 April 2001||17 June 2001||October 2002|
|Czech Republic||21 January 2000||21 March 2000||9 June 1999|
|Denmark||5 September 2000||4 November 2000||1 May 2000|
|Finland||10 December 1998||15 February 1999||1 January 1999|
|France||31 July 2000||29 September 2000||29 September 2000|
|Germany||10 November 1998||15 February 1999||15 February 1999|
|Greece||5 February 1999||6 April 1999||1 December 1998|
|Hungary||4 December 1998||15 February 1999||1 March 1999|
|Iceland||17 August 1998||15 February 1999||30 December 1998|
|Ireland||--||--||26 November 2001|
|Italy||15 December 2000||13 February 2001||26 October 2000|
|Japan||13 October 1998||15 February 1999||15 February 1999|
|Korea||4 January 1999||5 March 1999||15 February 1999|
|Luxembourg||21 March 2001||20 May 2001||11 February 2001|
|Mexico||27 May 1999||26 July 1999||18 May 1999|
|Netherlands||12 January 2001||13 March 2001||1 February 2001|
|New Zealand||25 June 2001||24 August 2001||3 May 2001|
|Norway||18 December 1998||16 February 1999||1 January 1999|
|Poland||8 September 2000||7 November 2000||4 February 2001|
|Portugal||23 November 2000||22 January 2001||9 June 2001|
|Slovak Republic||24 September 1999||23 November 1999||1 November 1999|
|6 September 2001||5 November 2001||October 1999**|
|Spain||4 January 2000||4 March 2000||2 February 2000|
|Sweden||8 June 1999||7 August 1999||1 July 1999|
|Switzerland||31 May 2000||30 July 2000||1 May 2000|
|Turkey (*)||26 July 2000||24 September 2000||--|
|United Kingdom||14 December 1998||15 February 1999||14 February 2002|
|United States||8 December 1998||15 February 1999||10 November 1998|
* These countries have not yet adopted implementing legislation.
** Slovenia has established the offence of active bribery of foreign public officials in the law of 23 march 1999. It is
expected that a draft anti-corruption law (modifying the Penal Code and the Prevention of Corruption Law) will be
approved by the end of 2002 in order for Slovenia to fully comply with the Convention.
1. Countries also provided information on steps taken to implement the Working Group’s recommendations concerning issues identified in the course of Phase 1 evaluations.
2. Slovenia has not yet enacted full implementing legislation.