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OECD Convention -- OECD Working Group on Bribery

Key priorities identified for a successful OECD Anti-Bribery Convention

The Working Group on Bribery of the Organisation for Economic Cooperation and Development (OECD) invited Transparency International to comment on its Consultation Paper assessing the effectiveness of the OECD Anti-Bribery Convention. TI has identified the priority areas for immediate action.

Bribery in foreign countries has become a crime at home. This change in legislation is one of the achievements in almost all member countries of the Convention ten years after its adoption. The rigourous monitoring programme operated by the OECD Working Group on Bribery is the other one.

But it is not enough to make the Convention a success. The Convention is based on the commitment by all parties to compete without foreign bribery. To date, over half of the signatories do not adhere to this commitment. According to TI, the OECD assessment presents a disturbing picture of inadequate enforcement and deficiencies in implementation by governments.

In order to change corporate culture and make overseas business bribe-free, the Working Group on Bribery needs to continue its monitoring programme. At country level, enforcement of the Convention needs to be taken to a higher political level. Civil society, the private sector and trade unions should be included in the process.

See Transparency International's comments to the OECD Consultation Paper here.

Within the OECD, OECD Working Group on Bribery reviews implementation of the OECD Anti-Bribery Convention and the 1997 Revised Recommendation, of the Council of the OECD on Combating Bribery in International Business Transactions,. The Working Group, which began its monitoring work in April 1999, is composed of representatives of all signatory states and has been monitoring implementation of the Convention in two phases.

In Phase 1, which ran from 1999 – 2005, the Working Group examined the consistency of national legislation with the Convention and Recommendation standards. The Phase 1 reports point out deficiencies requiring action, and necessitated new legislation in some countries. In a follow up procedure to Phase 1, called Phase 1 bis, the Working Group has reviewed again the legislation of parties that have been criticised.

The Phase 2 process currently under way, looks at whether parties have the necessary structures and resources to prevent and prosecute foreign bribery.

The monitoring process involves

country self-assessments based on a questionnaire
Phase 1 Questionnaire
Phase 1Quest..pdf 33.60 kB

Phase 2 Questionnaire
Phase 2 Quest.pdf 30.27 kB
expert review teams
on-site visits in Phase 2 by the expert review teams who consult with government, private sector and civil society representatives;
civil society inputs in Phase 1 civil society and private sector groups were able to input with written submissions to the Working Group. In Phase 2, as indicated civil society makes inputs in connection with on-site visits.
o Transparency International Phase 1 and Phase 2 written submissions

a strong secretariat
active plenary discussions, which discuss and adopt reports
a report with recommendations, published immediately after discussion and adoption in the Working Group
o Phase 1 and Phase 2 reports
tour de table discussions on progress made and cases of transnational bribery, at least four times a year

As of August 2005, the OECD has completed Phase 1 reviews of all countries except Estonia and Phase 2 reviews of 17 countries. Phase 2 is expected to end in 2007. See the Calendar for Phase 2.

Phase 2Sched..pdf 12.51 kB

To view Transparency International’s written inputs to the Phase 1 and Phase 2 processes, click here.

For more information visit the OECD website.