International Anti-Corruption Commitments

Title of the document

G20 Guiding Principles on Enforcement of the Foreign Bribery Offence

(https://star.worldbank.org/sit...)

Issuing body

G20

Brief description

The principles, which must be read in conjunction with the Guiding Principles to Combat Solicitation, are derived from the best practices of many countries in their enforcement of the foreign bribery offence and identify mechanisms that have proven useful for effective enforcement at all stages of the process, including detection, investigation, prosecution and sanctioning of the offence.

Relevant excerpts

1. As already agreed upon by G20 members in international instruments such as the United Nations Convention Against Corruption and the OECD Anti-Bribery Convention, a robust legislative framework should provide, in particular, for:

i) a clear and explicit foreign bribery offence which covers the key elements of the internationally agreed definition, including offering, promising or giving of a bribe, bribery through intermediaries, and bribes paid to third party beneficiaries;

ii) where statutes of limitations exist, sufficient time to allow for investigation and prosecution of the offence;

iii) broad jurisdiction over the offence, including nationality jurisdiction in conformity with a country’s legal system; and iv) effective, proportionate, and dissuasive sanctions for both natural and legal persons, including confiscation of the bribe and the proceeds of bribery

2. Exchange of information should be encouraged and facilitated between investigative and prosecutorial authorities in charge of the foreign bribery offence and other competent authorities in charge of related economic and financial crime, in accordance with countries’ legal systems...

3. Engagement with relevant agencies such as overseas missions, broader tax administrations, trade promotion, public procurement and export credit agencies, as well as with the private sector, should be ensured ....

4. Appropriate channels for reporting and protection of whistle-blowers in both the private and public sectors should be provided.

5. Investigation and prosecution of foreign bribery should not be subject to improper influence based on concerns of the national economic interest, the potential effect upon relations with another State, or the identity of the natural or legal person involved.

7. Clear procedures should be in place to ensure prompt and effective handling of both outgoing and incoming mutual legal assistance requests. Informal assistance should be encouraged wher epossible, in conformity with a country’s legal system.