OECD Consultation on Fighting Foreign Bribery

 

Review of the 2009 OECD Anti-Bribery Recommendation

The OECD Working Group on Bribery in International Business Transactions was established in 1994, and is responsible for monitoring the implementation and enforcement of the OECD Anti-Bribery Convention and the 2009 Recommendation on Further Combating Bribery in International Business Transactions (2009 Anti-Bribery Recommendation) and related instruments.
 
In October 2018, the Working Group decided to engage in a review of the 2009 Anti-Bribery Recommendation. The purpose of this review is to ensure that the standards set out in the 2009 Recommendation remain relevant and effective as new threats and challenges appear in the fight against foreign bribery.  The review process includes consultations with experts as well as an online public consultation process. Details relating to the online consultation process were published on the OECD website on 21 March and the deadline for submitting comments on the consultation paper is 30 April. Comments can be submitted directly to maria.xernou@oecd.org.

 

Review of anti-corruption and anti-fraud structures in criminal justice enforcement

 

As part of the Government’s “Measures to enhance Ireland’s corporate, economic, and regulatory framework” strategy document, it was agreed that the Department of Justice and Equality would lead a review of anti-corruption and anti-fraud structures to ensure that all state bodies with a role in the prevention, detection, investigation and prosecution of fraud and corruption are working effectively together.   The terms of reference were agreed by Cabinet in July 2018 and Mr. James Hamilton, former Director of Public Prosecutions and a member of a number of international anti-corruption bodies has been appointed as the chair.  The review group met for the first time in September 2018.

 

The terms of reference are as follows:-

 

While the work is being led by the Department of Justice & Equality, a range of experts from across the public sector are involved.  The Review Group is due to present it’s findings by Summer 2019.

 

What Bribery and Corruption means

  • Bribery is a specific offence which concerns the practice of offering something, usually money, to gain an illicit advantage.
  • Corruption is an abuse of a position of trust in order to gain an undue advantage.

 

The Consequences of Bribery and Corruption

Bribery and corruption have serious consequences for companies operating in an international business environment. In such an environment, companies are operating under serious pressure, competition is stiff and margins are tight. This, in conjunction with trying to adapt to unfamiliar legal systems, conventions and specific political circumstances, can make doing business very difficult. There is therefore much depending on whether a company can win a contract, obtain a licence or market a product in good time.

 

Tackling Bribery and Corruption Globally

Thankfully, the fight against corruption has been strengthened substantially on national and international levels in the last number of years and in the following ways

 

Ireland’s Commitment to Tackling Bribery and Corruption

 

 

 

 

 

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