Appendix 2 OECD Convention

• Author: Robert W. Tarun
• Profession: Former Executive Assistant U.S. Attorney in Chicago
• Pages: 723-728

APPENDIX 2

OECD Convention

Convention on Combating Bribery of Foreign Officials

in International Business Transactions1

Adopted by the Negotiating Conference on 21 November 1977

PREAMBLE

The Parties,

Considering that bribery is a widespread phenomenon in international business

transactions, including trade and investment, which raises serious moral and polit-

ical concerns, undermines good governance and economic development, and dis-

torts international competitive conditions;

Considering that all countries share a responsibility to combat bribery in inter-

national business transactions;

Having regard to the Revised Recommendation on Combating Bribery in Inter-

national Business Transactions, adopted by the Council of the Organisation for Eco-

nomic Co-operation and Development (OECD) on 23 May 1977, C(97)123/FINAL,

which, inter alia, called for effective measures to deter, prevent and combat the bribery

of foreign public officials in connection with international business transactions,

in particular the prompt criminalization of such bribery in an effective and coordi-

nated manner and in conformity with the agreed common elements set out in that

Recommendation and with the jurisdictional and other basic legal principles of each

country;

Welcoming other recent developments which further advance international

understanding and co-operation in combating bribery of public officials, including

actions of the United Nations, the World Bank, the International Monetary Fund,

the World Trade Organisation, the Organisation of American States, the Council

of Europe and the European Union;

Welcoming the efforts of companies, business organisations and trade unions

as well as other non-governmental organisations to combat bribery;

Recognising the role of governments in the prevention of solicitation of bribes

from individuals and enterprises in international business transactions;

Recognising that achieving progress in this field requires not only efforts on a

national level but also multilateral co-operation, monitoring and follow-up;

Recognising that achieving equivalence among the measures to be taken by the

Parties in an essential object and purpose of the Convention, which requires that

the Convention be ratified without derogations affecting this equivalence;

1. OECD Doc. DAFFE/IME/BR(97)20, reprinted in 37 LL.M. 1 (1998).

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