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monitoring the implementation of the OECD Convention

monitoring the implementation of the OECD Convention

Within the Organization for Economic Cooperation and Development (OECD), the Working Group on Bribery has developed a multilateral peer review process to determine the degree of compliance by signatory countries with the OECD Anti-Bribery Convention, as well as with the 1997 Revised Recommendation. This monitoring process examines whether countries have introduced the necessary internal legislation for punishing foreign bribery and whether the country has the necessary structures and resources to prevent and prosecute foreign bribery. It also provides an opportunity for countries to learn from the experiences and approaches of others

The OECD Working Group on Bribery is comprised of representatives of government ministries in all the signatory states and is responsibe for the monitoring process. Monitoring is done in two phases, both of which involve procedures of self-evaluation, through responses to a questionnaire, and mutual evaluation, taking the form of preparation of a provisional country report by the OECD Secretariat, consultation in the Working Group on the country's performance, and finally adoption and publication of a final report on each country.

Phase 1, which began in 1999 and ended in early 2005, reviewed whether the legal texts through which parties implemented the Convention met its standard. It also reviewed whether initial actions had been taken to implement the Revised Recommendation. Civil society and private sector organizations were able to input into the Phase 1 reviews with written submissions to the Working Group.

The Phase 1 reports, (Argentina, Brazil, Canada, Chile, Mexico, United States) point out deficiencies requiring action, necessitating renewed legislative activity in some countries. In a follow-up procedure to Phase 1, called Phase 1 bis, the Working Group re-evaluates new legislation introduced by parties as a result of Phase 1 critiques.

The Phase 2 reports: Argentina, Brazil, Canada, Chile, Mexico, United States

Apart from the Phase 1 and Phase 2 monitoring, the OECD Working Group also has a procedure called the Tour de table conducted at least four times a year by the Working Group on Bribery. In these sessions, countries report on legislative progress and discuss cases of transnational commercial bribery.