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. (Phase 1 Questionnaire)
The first round of Phase 2 is currently underway and expected to end during 2007. In this part of the peer review process, the Working Group studies the structures put into place to enforce the laws and rules implementing the Convention and Recommendation and assesses their application in practice, including resource levels and training. As a basis for their evaluation, the Working Group has the information provided in the country responses to the Phase 2 questionnaire as well as information collected in on-site visits to the examined countries conducted by the lead examiners and OECD Secretariat representatives. The on-site visits involve interviews with up to eighty members of the public, private, and civil society sector. The country reports are discussed within the Working Group and published immediately, as soon as adopted. (see Calender of Phase 2)
Phase 2 reportsCanada, 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.
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