Mandate: - Draft resolution of the Council revising the mandate of the Working Group on Bribery in International Business Transactions adopted by the Council at its 1257th session on 22 March 2012 [C(2012)36, Annex]
Resolution of Council [C(2012)36, Annex]
DRAFT RESOLUTION OF THE COUNCIL REVISING THE MANDATE OF THE WORKING GROUP ON BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONS
“THE COUNCIL,
Having regard to the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;
Having regard to the Rules of Procedure of the Organisation;
Having regard to the Resolution of the Council Concerning the Participation of Non-Members in the Work of Subsidiary Bodies of the Organisation [C(2004)132/FINAL];
Having regard to the Minutes of the meeting held 5 October 1994 of the IME Committee [DAFFE/IME/M(94)2/ANN] and to the Decision of the Council Concerning Further Work on Combating Bribery in International Business Transactions [C(97)240/FINAL];
Having regard to the Convention on Combating Bribery on Foreign Public Officials in International Business Transactions of 21 November 1997 (hereinafter “the OECD Anti-Bribery Convention”), and in particular Article 12 and the related Commentary;
Having regard to the Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (hereinafter “the 2009 Anti-Bribery Recommendation”) [C(2009)159/REV1/FINAL];
Having regard to the recommendations of the In-depth Evaluation of the Working Group on Bribery in International Business Transactions (hereinafter ‘Working Group on Bribery’] [C(2010)35/PART2 & its CORR1 and C/M(2010)15/PROV, Item 174 ii)];
Having regard to the proposed revision of the mandate of the Working Group on Bribery [C(2012)36];
DECIDES:
The Working Group on Bribery has the following mandate, in keeping with the OECD Anti-Bribery Convention and the 2009 Anti-Bribery Recommendation:
I. Overarching Policy Objective
1. The overarching objective of the Working Group on Bribery is to help countries Party to the OECD Anti-Bribery Convention (‘Member countries’) combat the bribery of foreign public officials in international business transactions by pursuing the full implementation of the OECD Anti-Bribery Convention and the 2009 Anti-Bribery Recommendation (hereinafter “the OECD anti-bribery instruments”) through an ongoing programme of systematic follow-up and monitoring, establishing high standards for foreign bribery legislation and enforcement, engaging in dialogue with business and civil society, and, as appropriate, with non-Member countries identified by the Working Group.
II. Mid-Level Objectives and Activities
1. Carry out a programme of rigorous and systematic follow-up to monitor and promote the full implementation of the OECD anti-bribery instruments, including through an ongoing system of mutual evaluation, where each Member country is examined in turn by the Working Group on Bribery, on the basis of a report which will provide an objective assessment of the progress of the Member country in implementing the OECD anti-bribery instruments, and which will be made publicly available [OECD Anti-Bribery Convention, Article 12; 2009 Anti-Bribery Recommendation, Section XIV.(i)][2];
2. Assist Member countries in their efforts to enforce the foreign bribery offence by providing a forum where law enforcement officials directly involved in the enforcement of the foreign bribery offence may discuss best practices and horizontal issues relating to the investigation and prosecution of the bribery of foreign public officials [2009 Anti-Bribery Recommendation, Section XIV.(iv)];
3. Share best practices in fighting bribery of foreign public officials in international business transactions, by examining prevailing trends, issues and counter-measures in foreign bribery, including through work on typologies and cross-country studies [2009 Anti-Bribery Recommendation, Section XIV.(v)];
4. Require regular reporting on steps taken by Member countries to implement the OECD anti-bribery instruments, including non-confidential information on investigations and prosecutions, and developing tools and mechanisms to increase the impact of monitoring and follow-up and awareness-raising, including through the voluntary submission and publication of non-confidential enforcement data, research, and bribery threat assessments [2009 Anti-Bribery Recommendation, Section XIV.(iii) and (vi)];
5. Engage with non-Member countries that are major exporters and foreign investors, with a view to their adherence and implementation of these instruments [2009 Anti-Bribery Recommendation Section XVI];
6. Provide regular information to the public on its work and activities and on implementation of the OECD anti-bribery instruments, and other activities of the Working Group on Bribery [2009 Anti-Bribery Recommendation, Section XIV.(vii)];
7. Facilitate mutual legal assistance by way of receiving relevant notifications submitted by its Member countries in the context of Article 11 and encouraging Member countries to make full use of existing agreements and arrangements for mutual international legal assistance and, where necessary, enter into new agreements or arrangements for this purpose [OECD Anti-Bribery Convention, Article 9; 2009 Anti-Bribery Recommendation, Section XIII.(iii)].
III. Co-operation and Consultation
1. The Working Group on Bribery will cooperate with other bodies, including the Committee for Fiscal Affairs, the Development Assistance Committee, the Investment Committee, the Public Governance Committee, the Working Party on Export Credits and Credit Guarantees, and other OECD bodies, as appropriate [2009 Anti-Bribery Recommendation, Section XIV].
2. The Working Group on Bribery may consult and co-operate with international organisations and international financial institutions active in the fight against bribery of foreign public officials in international business transactions, and consult regularly with the non-governmental organisations active in this field and representatives of the business community [2009 Anti-Bribery Recommendation, Section XVIII].”