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Which Anti-corruption Bilateral and International Treaties Apply?

Australia

The following are the key instruments that impact anti-corruption legislation in Australia: the Organisation for Economic Co-operation and Development’s (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the Convention Against Corruption of the United Nations; and The United Nations Convention Against Transnational Organized Crime is a treaty that prohibits transnational organized crime. Unless and until the terms of these treaties are integrated into Australian law, they have no legal impact in Australia. The OECD Convention (which forbids foreign public officials from being bribed) was included into the Criminal Code and serves as the foundation for the statutory foreign bribery offence.

 

Belgium

In Belgium, the following supranational anti-corruption tools are in force: the 17 December 1997 Convention of the Organisation for Economic Co-operation and Development (OECD) on Combating Bribery of Foreign Public Officials in International Business Transactions; the UN Convention Against Corruption, signed on October 31, 2003; the 27 January 1999 Council of Europe Criminal Law Convention against Corruption, as well as its supplemental protocol of 15 May 2003; the Civil Law Convention against Corruption of the Council of Europe, adopted on November 4, 1999; the EU Convention on the Fight Against Corruption involving Officials of the European Communities or Officials of Member States of the European Union, adopted on the basis of Article K3(2)(c) of the Treaty on European Union on June 25, 1997; On the 22nd of July 2003, the EU Council adopted Framework Decision 2003/568/JHA on fighting corruption in the private sector; and The European Parliament and the Council adopted Directive (EU) 2017/1371 on the use of criminal law to combat fraud against the Union’s financial interests on July 5, 2017.

 

France

Corruption is recognized as a “euro-crime” by the Treaty on the Functioning of the European Union, which lists it among the “especially serious crimes with a cross-border character” for which minimum criteria harmonising the definition of criminal offences and punishment may be imposed. France, being a member of the European Union, is required to follow European laws and institutions. In some corruption instances, the European Anti-Fraud Office and the European Public Prosecutor’s Office (which was recently established and will begin operations in 2020) may both intervene. France is also a signatory to a number of European treaties, including: the European Union Convention on the Fight Against Corruption Involving Officials of the European Communities or of EU Member States, which was signed on May 26, 1997 (ratified in 1999) and mandates EU member states to make corruption illegal; the EU Convention on the Protection of the Financial Interests of the European Communities and its first Protocol (harmonising the definition of bribery of public officials and the penalties for corruption offences) (1996) and second Protocol (1997); and the EU Convention on the Protection of the Financial Interests of the European Communities and its first Protocol (harmonising the definition of bribery of public officials and the penalties for corruption offences) (1996) and second Protocol (1997); and the EU Convention on the The European Union’s Member States signed the Convention on Mutual Assistance in Criminal Matters on May 29, 2000. Other areas of European legislation, such as anti-money laundering and public procurement, may have crucial anti-corruption laws. France has ratified the following treaties with the Council of Europe: the 27 January 1999 and 4 November 1999 Council of Europe Criminal and Civil Law Conventions against Corruption (ratified in 2008); and Against the 14th of May, 2003, the Additional Protocol to the Council of Europe Criminal Law Convention on International Corruption was signed (ratified on 2007). OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions: France is a signatory to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention). France also follows non-binding OECD guidelines such as the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions Recommendation, which was adopted in 2009. (currently under review). France is a signatory to the United Nations Pact Against Corruption, which was signed on October 31, 2003, and is the first global convention to combat corruption (Merida Convention).

 

Germany

Germany actively participates in the United Nations, the World Bank, the G7/G20, and the Organisation for Economic Co-operation and Development to assist the implementation and compliance with international norms against corruption in order to successfully combat cross-border corruption (OECD). The OECD Convention on Combating Foreign Public Officials Bribery in International Business Transactions is in effect in Germany. Germany has also signed the United Nations Convention Against Corruption. Germany approved the Council of Europe’s Criminal Law Convention against Corruption and a supplementary protocol on May 10, 2017. As a member of the European Union, Germany is subject to European anti-corruption legislation. The Protocol of 27 September 1996 to the Convention on the Protection of the Financial Interests of the European Communities and the Convention of 26 May 1997 on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union have both been transposed into German law.

 

Ireland

Ireland has signed and ratified the following international anti-corruption conventions: the EU Convention on the Protection of the European Communities Financial Interests (and Protocols); the Organisation for Economic Cooperation and Development Convention on Combating Bribery of Foreign Officials in International Business Transactions; the Council of Europe Criminal Law Convention on Corruption; the Convention on the Fight against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union; Ċhe Additional Protocol to the Council of Europe Criminal Law Convention on Corruption; the United Nations Convention against Transnational Organised Crime; and the United Nations Convention against Corruption.

 

Switzerland

Switzerland is a signatory to four major international conventions to combat corruption (in chronological order): the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, ratified by Switzerland on 31 May 2000; the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 21 November 1997, ratified by Switzerland on 31 May 2000; the Council of Europe Criminal Law Convention on Corruption of 27 January 1999 and its additional protocol of 15 May 2003, ratified by Switzerland on 31 March 2006 with several reservations, such as Section 12 (trading in influence), which is not to be punished under domestic law; and the United Nations Convention against Corruption of 31 October 2003, ratified by Switzerland without reservations on 24 September 2009. Moreover, Switzerland is a party to several bilateral treaties containing anti-corruption provisions and has been a member of the Group of States against Corruption since 2006. Furthermore, Switzerland is a member of various judicial and administrative assistance treaties, supporting the enforcement of anti-corruption measures taken by other member states.

 

UK

The following conventions have been signed and, unless otherwise stated, ratified by the United Kingdom: the United Nations Convention against Corruption (signed on 9 December 2003 and ratified on 9 February 2006); the United Nations Convention against Transnational Organised Crime (signed on 14 December 2000 and ratified on 9 February 2006); the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (signed on 17 December 1997 and ratified on 14 December 1998); the Council of Europe Criminal Law Convention on Corruption (ETS 173) (signed on 27 January 1999 and ratified on 9 December 2003). Implementation of this convention is monitored by the Group of States against Corruption; the Additional Protocol to the Criminal Law Convention on Corruption (ETS 191) (signed on 15 May 2003 and ratified on 9 December 2003); the Council of Europe Civil Law Convention on Corruption (ETS 174) (signed on 8 June 2000 but not yet ratified); the Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union (signed on 26 May 1997 and notified on 11 October 1999); and the Convention on the Protection of the European Communities Financial Interests and Protocols (signed on 26 July 1995 and entered into force on 17 October 2002). The United Kingdom also signed the Agreement for the Establishment of the International Anti-Corruption Academy as an international organisation on 2 September 2010, but this agreement has not yet been ratified.

 

United Arab Emirates

According to Federal Decree Law 8/2006, the United Arab Emirates has ratified the United Nations Convention Against Corruption (UNCAC). On December 21, 2010, the United Arab Emirates signed the Arab Convention to Combat Corruption, which covers 21 Arab countries, including the UAE. Both the UNCAC and the Arab Council (which is responsible for the creation of the Arab Convention) were established with the express purpose of combating corruption on a global and territorial basis. The United Arab Emirates, along with the other 178 nations that have ratified the UNCAC, may now fight corruption on a worldwide basis as of October 2017. Because so many nations have ratified the pact, a united front against corruption is being presented, and all members are addressing the problem in the same or comparable manner. Membership in the Arab Council is especially significant since Arab governments face particular challenges with corruption that may not be applicable elsewhere in the globe, hence it is critical that Arab states band together to combat corruption on a regional basis.

 

United States of America

The United States is a signatory to the Anti-Bribery Convention of the Organisation for Economic Co-operation and Development (OECD); the Convention Against Corruption of the United Nations; and The Inter-American Convention Against Corruption is a treaty between the United States and Latin America. The United States is also a member of the OECD Bribery and Anti-bribery Convention Working Group.