News

USIS Washington 
File

01 July 1999

TEXT: COMMERCE DEPT. FACT SHEET ON OECD ANTI-BRIBERY CONVENTION

(Background on bribery, Convention implementation to date) (800)

[Following is a Fact Sheet on the Organization for Economic
Cooperation and Development (OECD) Anti-Bribery Convention. The fact
sheet was released June 30, 1999 by the Commerce Department's
International Trade Administration]:

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Department of Commerce
International Trade Administration
June 30, 1999

FACT SHEET: OECD ANTI-BRIBERY CONVENTION

Background

-- Bribes to foreign public officials influence the award of
international contracts. According to estimates, in just the five
years from April 1994 to April 1999, bribes to foreign officials
played a role in the award of 294 contracts worth about $145 billion.

-- The Asian Development Bank (ADB) recently estimated that corruption
costs many governments as much as 50 percent of their tax revenues.
The ADB 1998 annual report also concluded that corruption contributed
substantially to the onset of the Asian financial crisis.

-- Although the Foreign Corrupt Practices Act of 1977 (FCPA) prohibits
bribery by U.S. companies operating overseas and imposes substantial
penalties for violations of the law, foreign companies were free to
bribe foreign public officials without fear of penalty, and, in some
cases, could deduct bribes from their taxes as business expenses.

-- On November 21, 1997, all 29 OECD members and five nonmembers
adopted the OECD Anti-Bribery Convention. It is now in effect for
Bulgaria, Canada, Finland, Germany, Greece, Hungary, Iceland, Japan,
Korea, Norway, the United Kingdom and the United States, and will go
into effect for Austria, Mexico and Sweden this summer.

-- Several key exporting countries, including France, Italy,
Switzerland and the Netherlands, have not deposited an instrument of
ratification. A top U.S. priority is getting the remaining signatories
that have not brought the Convention into effect to do so at the
earliest possible date.

Major Findings of the Report

-- Overall, the United States is encouraged by the seriousness with
which signatories are approaching implementation of the Convention.
Generally the eleven countries whose legislation we examined have all
sought to address the requirements of the Convention. In some
implementing legislation, however, a number of issues require further
examination.

-- The OECD has established comprehensive procedures to examine the
adequacy of the laws that each signatory enacts to carry out the goals
of the Convention. The United States is confident that each country's
legislation will be subjected to a rigorous and comprehensive review
that will allow identification of shortcomings.

-- The signatories to the Convention have made great strides in
eliminating any remaining tax deductibility for bribes to foreign
public officials. But some countries have not yet acted to disallow
such deductions, and in others questions remain about the
implementation of the laws ending tax deductibility.

-- It is too early to make definitive judgements regarding the
effectiveness of enforcement. Several countries, for example, Sweden,
which is appointing a special ambassador, are working to raise public
awareness and promote implementation of the Convention.
Non-governmental organizations are also educating their business
communities, notably in Canada, Poland, Australia and Bulgaria.

-- While there is no consensus on expanding the scope of the
convention, the OECD has agreed to examine several issues. Two are
particularly important: bribery in relation to foreign political
parties and advantages promised or given to any person in anticipation
of that person becoming a foreign public official. Other issues
include bribery of foreign public officials as a predicate offense for
money laundering legislation, and the role of foreign subsidiaries and
offshore centers in bribery transactions.

-- Major international organizations, such as the OECD, the
Organization of American States (OAS), the World Trade Organization
and the United Nations General Assembly, have launched a variety of
anti-corruption initiatives. International financial institutions,
such as the IMF, World Bank and regional development banks, are
devoting more resources to help client countries eliminate corrupt
practices.

-- U.S. business associations and non-governmental organizations, such
as Transparency International, played a key consultative role in the
negotiation of the Convention and the passage of implementing
legislation. We will continue to involve the private sector in our
efforts to monitor the Convention.

The Commerce Department's International Trade Administration, working
closely with the Office of the General Counsel and other U.S. agencies
including the State Department and Justice Department, will closely
monitor implementation of the Convention.

Information on the Convention and international bribery issues is
available on various Department websites (e.g.,
www.mac.doc.gov/tcc/treaty.htm and www.ita.doc.gov/legal/master.htm).

Bribery complaints can be reported directly to the Department on the
Trade Compliance Center's Trade Complaint Hotline:
http://www.mac.doc.gov/tcc/pbrintro.htm

OECD Member Countries are: Australia, Austria, Belgium, Canada, the
Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the
Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden,
Switzerland, Turkey, the United Kingdom, and the United States. The
non-member signatories are Argentina, Brazil, Bulgaria, Chile, and the
Slovak Republic.

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