Mandate:    -   Resolution of the Council revising the mandate of the Working Group on Bribery in International Business Transactions adopted by the Council at its 1502nd session on 18 November 2025 [C(2025)144; C/M(2025)15, item 233 b)]

 

 

 

Resolution of Council [C(2025)144; C/M(2025)15, item 233 b)]

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 Revised Resolution of the Council on Partnerships in OECD Bodies [C(2012)100/REV2/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 [OECD/LEGAL/0293] (hereinafter “the OECD Anti-Bribery Convention”), and in particular Article 12 and the related Commentary;

   Having regard to the Revised Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (hereinafter “the 2021 Anti-Bribery Recommendation”) [OECD/LEGAL/0378];

   Having regard to the proposed revision of the mandate of the Working Group on Bribery in International Business Transactions [C(2025)144];

DECIDES:

   The Working Group on Bribery in International Business Transactions (hereinafter, “Working Group” or “Working Group on Bribery”) has the following mandate, in keeping with the OECD Anti-Bribery Convention and the 2021 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 2021 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.   Continue the programme of rigorous and systematic monitoring of member countries’ implementation of the OECD anti-bribery instruments to promote their full implementation, including through an ongoing system of mutual evaluation, where each member country is examined in turn by the Working Group, 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; 2021 Anti-Bribery Recommendation, Section XXVII.i]^[2];

2.   Assist member countries in their efforts to enforce the foreign bribery offence by holding voluntary meetings of law enforcement officials directly involved in the enforcement of the foreign bribery offence to discuss best practices and horizontal issues relating to the investigation and prosecution of the bribery of foreign public officials, in addition to voluntary participation by such law enforcement officials in Working Group plenary sessions, country monitoring and other relevant activities [2021 Anti-Bribery Recommendation, Section XXVII.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 [2021 Anti-Bribery Recommendation, Section XXVII.v];

4.   Require periodic reporting in Working Group meetings on steps taken by member countries to implement the OECD anti-bribery instruments, including non-confidential information on investigations and prosecutions of bribery of foreign public officials, as well as where appropriate on steps taken to enforce the demand side of such foreign bribery cases [2021 Anti-Bribery Recommendation, Section XXVII.iii];

5.   Develop tools and mechanisms to increase the impact of monitoring and follow-up, and awareness raising, including through research, bribery threat assessments and the submission and public reporting of non-confidential enforcement data [2021 Anti-Bribery Recommendation, Section XXVII.vi];

6.    Engage with non-member countries that are major exporters and foreign investors, with a view to their adherence to and implementation of these instruments, including by providing a forum for consultations with countries which have not yet adhered, in order to promote wider participation in the OECD anti-bribery instruments and their follow-up [2021 Anti-Bribery Recommendation, Sections XXIX and XXX];

7.   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 [2021 Anti-Bribery Recommendation, Section XXVII.vii];

8.   Receiving notifications and other information submitted to it by the member countries concerning the authorities which serve as channels of communication for the purpose of facilitating international co-operation on implementation of the OECD anti-bribery instruments [OECD Anti-Bribery Convention, Article 9; 2021 Anti-Bribery Recommendation, Section XXVII.ii];

9.    To the extent necessary for the fulfilment of its mandate, the Working Group may process personal data relating to allegations as well as criminal, civil and administrative law enforcement actions concerning the bribery of foreign public officials and related offences. The purposes of this processing as well as the applicable rules, procedures and safeguards are set out in the relevant methodologies adopted by the Working Group [currently DAF/WGB/WD(2022)8/FINAL, DAF/WGB/WD(2022)8/FINAL, and DAF/WGB/WD(2022)9/FINAL], which shall bind all Working Group member countries and the Secretariat and which may be amended by decision of the Working Group.

10.    The Working Group may also process personal data relating to allegations of high-level corruption, including data on the detection, investigation, prosecution and adjudication of high-level corruption cases in the countries that participate in its outreach programme, the Anti-Corruption Network for Eastern Europe and Central Asia, for the purposes of policy analysis and capacity building.

11.    The Chair of the Working Group will serve for a term of four years, renewable once and subject to an annual designation that will only be discussed if raised by one or more member countries. Within the Chair’s four-year term, 25% or more member countries are required to object to such annual designation for it not to take place. In exceptional circumstances, the Chair’s term may be ended at any time where 25% or more member countries so agree.

III.   Co-operation and Consultation

1.   The Working Group on Bribery will co-operate 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 [2021 Anti-Bribery Recommendation, Section XXVII].

2.   The Working Group on Bribery may consult and co-operate with the 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 and representatives of the business community active in this field [2021 Anti-Bribery Recommendation, Section XXXI].”