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Overview: OECD revised recommendation on how to further fight the bribery of foreign public officials

Overview: OECD revised recommendation on how to further fight the bribery of foreign public officials

January 4, 2022

OECD’s Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions

On 9 December 2021, the OECD Council adopted the 2021 OECD Anti-Bribery Recommendation, which supersedes the 2009 Recommendation. The revised Recommendation on Further Fighting the Bribery of Foreign Public Officials in International Business Transactions represents the latest and sharpest addition to the OECD’s toolbox for combating cross-border corruption, integrating lessons learned from the past 10 years of implementing the OECD Anti-Bribery Convention – including lessons learned during the COVID-19 pandemic. The Recommendation addresses key emerging topics essential to the effective fight against foreign bribery, including addressing the demand side of foreign bribery; sanctions and confiscation; non-trial resolutions; international co-operation; protection of reporting persons; incentives for compliance; and data protection. Download Recommendation on Further Fighting the Bribery of Foreign Public Officials in International Business Transactions

The OECD Anti-Bribery Convention establishes legally binding standards to criminalise bribery of foreign public officials in international business transactions and provides a host of related measures to make this effective. It is the first and only international anti-corruption instrument focused on the “supply-side” of the bribery transaction. The 2021 Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions complements the Anti-Bribery Convention to further strengthen and support its implementation.

The OECD Working Group on Bribery – which brings together the 44 countries Party to the Anti-Bribery Convention – is responsible for monitoring the implementation and enforcement of the Anti-Bribery Convention and Recommendation. In 2018, the Working Group decided to conduct an extensive review of the 2009 Anti-Bribery Recommendation to ensure it continues to reflect the range of good practices, trends and challenges that have emerged in the foreign bribery field over the past ten years. After a rigorous process, including two rounds of extensive consultations with external partners, a stocktaking of ten years of implementation of the 2009 Anti-Bribery Recommendation, multiple written procedures and eight dedicated meetings of the Working Group, the 2021 Anti-Bribery Recommendation was adopted by the OECD Council on 26 November 2021.

With this Recommendation, the Parties to the Anti-Bribery Convention agree to new measures to reinforce their efforts to prevent, detect and investigate foreign bribery. In addition to enhancing the provisions already included in the 2009 Anti-Bribery Recommendation, the 2021 Recommendation includes sections on key topics that have emerged or significantly evolved in the anti-corruption area, including, among other things, on strengthening enforcement of foreign bribery laws, addressing the demand side of foreign bribery, enhancing international co-operation, introducing principles on the use of non-trial resolutions in foreign bribery cases, incentivising anti-corruption compliance by companies, and providing comprehensive and effective protection for reporting persons. One of five OECD Recommendations makes up the strong OECD anti-corruption framework, covering areas such as tax, official development assistance, export credits, and state-owned enterprises.

Key elements of the Recommendation

  • Promote a holistic approach to fighting foreign bribery through new measures to enhance awareness-raising and training of, as well as detection by, key government agencies, including foreign representations, financial intelligence units, tax authorities and official development assistance agencies.
  • Strengthen enforcement of foreign bribery laws, including proactive detection and investigation of foreign bribery, more effective international co-operation among law enforcement authorities and co-operation in multi-jurisdictional cases.
  • Address the demand side of foreign bribery cases by calling on countries to address the solicitation and acceptance of bribes and better support companies facing bribe solicitation risks.
  • Introduce provisions on the key principles and features of non-trial resolutions.
  • Include extensive provisions to ensure comprehensive and effective protection of whistleblowers in the public and private sectors.
  • Encourage countries to incentivise enterprises to develop internal controls, ethics and compliance programmes or measures to prevent and detect foreign bribery.

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ISO 37001 Anti-Bribery Management Systems: Stop bribery and corruption with ABMS certification

ISO has developed a standard – ISO 37001:2016 ABMS – to help organisations promote an ethical business culture. “Designed to help your organisation implement an anti-bribery management system (ABMS), and/or enhance the controls you currently have. It helps to reduce the risk of bribery [and corruption] occurring and can demonstrate to your stakeholders that you have put in place internationally recognised good-practice anti-bribery [and anti-corruption] controls”.

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ISO 37002 Whistleblowing Management Systems – Guidance: protecting a company’s customers and in directly protecting your organisation through combatting fraud and misconduct

The ISO has developed new guidelines for whistleblowing management systems — ISO 37002:2021. ISO 37002 provides guidelines for implementing, managing, evaluating, maintaining and improving a robust and effective whistleblowing management system. But what does it mean in practice, and how can it improve and add value to an organisation’s existing whistleblowing programme?

The ISO Whistleblowing Guidelines assist organisations in creating whistleblowing management systems based on trust, impartiality, and protection principles. The guidelines are adaptable, and their use will vary with the size, nature, complexity, and jurisdiction of the organisation’s activities. The ISO Whistleblowing Guidelines can assist an organisation in improving its existing whistleblowing policy and procedures or in complying with applicable whistleblowing legislation.

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ISO 37301:2021 Compliance Management Systems: navigating a Sea of International Compliance Standards to Build a Framework for an Effective Strategic Compliance Program!

ISO 37301 Compliance Management Systems. Is your company in line with international regulations such as the U.S. Foreign Corrupt Practices Act (FCPA), or the Good Practice Guidance on Internal Controls, Ethics and Compliance (OECD) or the Anti-Corruption Ethics and Compliance Handbook for Business (OECD) and The UK Bribery Act 2010 – the British Ministry of Justice’s Adequate Procedures document. So many laws and regulations. So, few resources are available to ensure compliance.

The guidelines outlined in the internationally accepted ISO 37301:2021 Compliance Management Systems represent the first step in developing a framework that protects the organisation from falling victim to the many risks associated with corporate bribery and/or corruption. ABAC® is designed to assist in developing processes and systems that help your organisation effectively manage compliance risks and foster a system-wide culture of business integrity. Comply with confidence with ISO 37301!

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About Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence

Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence is an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including:

ABAC® offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in the development of frameworks for strategic compliance programs.

ABAC® is accredited by the United Kingdom Accreditation Service (UKAS CB number: 10613) against ISO/IEC 17021-1:2015 Conformity assessment — Requirements for bodies providing audit and Certification of the scheme’s management systems of ISO 37001:2016 Anti-Bribery Management Systems (ABMS). This makes ABAC® Certification the leading accreditated certification body specialising in global anti-bribery and anti-corruption, risk and compliance management system standards. ABAC® experts audit any existing compliance and anti-bribery anti-corruption management systems to assess effectiveness and vulnerabilities while ensuring your organisation complies with Internal Standards, FCPA, UK Bribery Act, Anti-Money Laundering regulations, and all other global, regional and local regulations while maintaining a competitive edge in the world marketplace.

If you are seeking to validate or expand your existing compliance frameworks to maintain a competitive edge in the world marketplace, ABAC® can help you. Our experts audit your existing compliance and anti-bribery anti-corruption management systems to assess effectiveness and vulnerabilities while ensuring your organisation complies with Internal Standards, FCPA rules, UK Bribery Act laws, Anti-Money Laundering regulations, and all other global, regional and local regulations. ABAC® Center of Excellence, powered by CRI® Group, educates, equips and supports the world’s leading business organisations with the latest best-in-practice risk assessments, performance assessments, systems improvement and standards Certification.

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ABAC® was established as an independent division of CRI® Group to provide training and certification services to businesses seeking to validate or expand their existing compliance frameworks by developing the latest in best-practice anti-corruption, due diligence processes and procedures necessary for pursuing and maintaining global third-party affiliations. ABAC® Center of Excellence offers a complete suite of solutions designed to help organisations mitigate internal and external risks.

Over the past three decades, CRI® Group has emerged as a global leader in corporate investigations and risk management, serving distinguished clients across Europe, Asia Pacific, South Asia, the Middle East, North Africa, North and South America. CRI® Group safeguards businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with an organisation.

 

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About the 2009 Recommendation

The Recommendation for Further Combating Bribery of Foreign Public Officials was released on 9 December 2009, when the OECD marked the tenth anniversary of the entry into force of the OECD Anti-Bribery Convention.

The OECD adopted the Recommendation to enhance the ability of the States Parties to the Anti-Bribery Convention to prevent, detect, and investigate allegations of foreign bribery and includes the Good Practice Guidance on Internal Controls, Ethics and Compliance. For more information about the Recommendation:

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