How is the implementation of the OECD Convention monitored?

 The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (hereinafter referred to as the "OECD Convention") can only fully be effective if State Parties implement and respect its principles. Article 12 of the OECD Convention, referred to as the "Monitoring and Follow-up Mechanism", states that all Parties co-operate in carrying out a programme of systematic follow-up to monitor and promote the full implementation of the OECD Convention.

 The monitoring process for the level of implementation of the OECD Convention is ensured through the OECD Working Group on Bribery in International Business Transactions (hereinafter referred to as the "OECD Working Group"), also called the Working Group on Bribery (WGB). The primary objective of the monitoring process is to obtain an overview of the national level’s legislative and institutional ability to fight against corruption of foreign public officials in international business transactions and, accordingly, to take adequate recommendations to remedy the situation.

 The aim of the monitoring mechanism of the OECD Convention is therefore designed to improve the ability of the signatory countries to implement the tools to prevent and combat corruption in international business transactions.

What are the phases of the monitoring process of the OECD Convention?

The OECD Working Group's specific role in monitoring the implementation of the OECD Convention is to set strict standards for the whole process that takes place in several targeted phases, following the gradual introduction of all anti-corruption measures of the OECD Convention into the law of the monitored state. By pairs, each of the Parties participate in the evaluation process of other countries, ensuring the objectivity of the monitoring and evaluation process of each State Party.

In this way, shortcomings in the implementation of the OECD Convention and recommendations for adopting the necessary legislation, institutional arrangements, anti-corruption measures and awareness raising efforts are identified. The implementation of the recommendations is then evaluated in the next stage of the peer review. This process of peer review within the OECD Working Group motivates countries to ensure the highest level of compliance with the OECD Convention and to take concrete measures to combat corruption in international business transactions.

When was the Slovak Republic evaluated?

The Slovak Republic has been evaluated by the OECD Working Group in the three evaluation phases carried out so far and gradually ensures the introduction in its legal order and implementation of all the provisions of the OECD Convention and related Council Recommendations.

Evaluation under Phase 1 took place at the plenary meeting of the OECD Working Group in 2000. The main objective was to assess the compliance of the Slovak legislative framework with the provisions of the OECD Convention and the conditions for their practical enforceability.

The Phase 2 evaluation was conducted in 2005 to assess the institutional ability of the Slovak Republic in terms of the implementation and enforcement of the OECD Convention.

In 2012, the Phase 3 evaluation was carried out. This phase aimed to assess national legislation and institutional security with regard to the effective enforcement of criminal law instruments for the prosecution of corruption of foreign public officials in international business transactions. In 2016, Phase 3 was completed for all countries party to the OECD Convention, with the exception of the Accession States. Since 2017, in accordance with the methodological standard agreed on for Phase 4, the evaluation and monitoring of States Parties is being carried out.

The assessment reports of the signatory countries of the OECD Convention for each assessment phase are available on the OECD’s website: http://www.oecd.org/bribery.

Remember

The monitoring process of the level of implementation of the OECD Convention is ensured through the OECD Working Group on Bribery in international business transactions.

• All countries party to the Convention are subject to monitoring and evaluation of the implementation of the OECD Convention.
• The system of peer review means that each State party is involved in the evaluation process of other countries.
• The monitoring process of the level of implementation of the OECD Convention takes place in several stages of peer reviews, which differ in their focus and mission.

The Phase 4 of the peer review of the signatory countries of the OECD Convention is currently underway.