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Ministry of Interior of the Slovak republic   Today is 23. April 2024, Tuesday
 

3. Preventing and raising awareness on foreign bribery

States that have adhered to the OECD Convention bound themselves to introduce bribery offenses of foreign public officials in international business transactions into their national law and ensure the implementation of effective policies to prevent, detect and investigate such offenses.

 As the individual articles of the OECD Convention do not address all aspects of the prevention and prosecution of corruption offenses of foreign public officials in international business transactions, the content of the OECD Convention has been supplemented by Council recommendations.

  The OECD, through the OECD Working Group on bribery in international business transactions, monitors the Convention implementation through a peer review system. An assessment report is produced reflecting progress in transposing the provisions of the Convention into the law and practice of the evaluated country. OECD Recommendations are not legally binding, but practice accords them great moral force as they represent the will of Member countries.

 Recommendation from 2009

 From the point of view of preventing and raising awareness of corruption offenses of foreign public officials in international business transactions, the 2009 Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (herein the "2009 Recommendation") is significant.

 This recommendation interprets the individual articles of the OECD Convention and the previous recommendations adopted by the Council on tax, accounting, export credits, as well as on the ethical principles and responsible conduct of multinational companies, while complementing the OECD Convention with new commitments related to standards of assessment of the OECD Convention implementation.

 An integral part of the 2009 Recommendation is the two handbooks, Best Practice Guide I and Best Practice Guide II that provide companies with recommendations for risk analysis and implementation of anti-corruption measures to streamline the prevention and detection of bribery of foreign public officials in international business transactions.

 Annex I - Good Practice Guidance on Implementing Specific Articles of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

 The Good Practice Guidance is based on the OECD Convention and complements recommendations on prevention and awareness-raising on corruption of foreign public officials in international business transactions. In this context, it recommends that the Member States raise public awareness about the OECD Convention and provide specific written guidance on the legislation introduced to implement it. It also recommends training for public officials sent abroad to prevent risks of corruption of foreign public officials.

 Annex II - Good practice guidance on internal controls, ethics, and compliance

 The second Good Practice Guidance is addressed to companies for establishing and ensuring the effectiveness of internal controls, ethics, and compliance programmes or measures for preventing and detecting the bribery of foreign public officials in their international business transactions. The guidance sets out basic recommendations for companies to set up anti-corruption programs. It remains flexible and intended to be adapted by companies, according to their individual circumstances, and to address the specific risks of bribery in the international business environment.

 The manual also contains guidance for business organisations and professional associations assisting companies and disseminating information, advice and training, particularly for small and medium-sized enterprises, in the development of effective internal control, ethics, and compliance programs or measures for the purpose of preventing and detecting foreign bribery.

 Basic recommendations for the creation of anti-corruption programs of companies related to the prevention of international bribery include the following:

  • to adopt a clearly articulated and visible corporate policy prohibiting foreign bribery, supported by the senior management of the company;
  • to promote responsibility for compliance with this prohibition and at all levels of the company;
  • to design measures for periodic communication and documented training on prevention of foreign bribery for company employees as well as subsidiaries;
  • to implement an anti-corruption policy and to adopt measures for specific risk areas of society;
  • to ensure a system of financial and accounting procedures to ensure that they cannot be used for the purpose of foreign bribery;
  • to promote the observance of ethical and compliance programmes, anti-corruption measures and to design appropriate disciplinary procedures to address violations;
  • to ensure a system of internal control with regular evaluation of the effectiveness and efficiency of the ethics and compliance programme for the prevention and detection of foreign bribery.

The Best Practice Guide II is the most comprehensive international guideline that encourages companies to adopt strict internal controls, ethics and compliance programmes to prevent and detect bribery in international business transactions.

 This guide defines the basic principles of responsible business conduct of companies in commercial transactions at home and abroad and provides for the introduction of effective preventive anticorruption programs in the context of the requirements of prevention under the Criminal Liability Act.

 Remember

 The content of the OECD Convention has been supplemented several times by Council recommendations.

  • The OECD Convention is binding upon the State parties.
  • From the point of view of prevention and raising awareness of corruption of foreign public officials in international trade relations, the 2009 Recommendation is significant.
  • An integral part of the 2009 Recommendation is the two annexes, Good Practice Guidance I and Good Practice Guidance II.
  • Good Practice Guidance II is intended for companies to create and effectively ensure internal controls, ethics and compliance programs or measures to prevent and detect foreign bribery.

The Council Recommendation on Further Combating Bribery of Foreign Public Officials in International Business Transactions, together with the Good Practice Guidance I and the Good Practice Guidance II in Slovak language, is published as a part of the material Prevention of Corruption Practical Guide on the website of the Ministry of Justice of the Slovak Republic:

https://www.justice.gov.sk/Stranky/Nase-sluzby/Medzinarodne-pravo/Prevencia-korupcie.aspx

 The Council Recommendation on Further Combating Bribery of Foreign Public Officials in International Business Transactions, together with the Good Practice Guidance in English, is displayed on the OECD’s website:

http://www.oecd.org/investment/anti-bribery/anti-briberyconvention/oecdantibriberyrecommendation2009.htm

 The National Crime Agency of the Presidium of the Police Force of the Slovak Republic is also engaged in the prevention and awareness raising of foreign corruption within the Slovak Republic, and has set up a dedicated website to prevention of corruption of foreign public officials in international business transactions: 

https://www.minv.sk/?prevencia-korupcie-zahranicnych-verejnych-cinitelov-v-medzinarodnych-obchodnych-transakciach-1

 

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