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This study focuses on the identification and quantification of the proceeds of active bribery in international business transactions. Public and private organisations alike have long recognised that bribery of public officials is harmful to good governance, economic development and competitive conditions. Confiscation and recovery of the proceeds derived from foreign bribery are key elements in the international framework to fight corruption of public officials.

Chapter 1 introduces the international legal framework for the treatment of the proceeds of active bribery and catalogues the legal remedies available in various jurisdictions, and how these remedies may interact. Chapter 2 defines five principal types of proceeds of active bribery and analyzes how they may be quantified. Each system is illustrated by examples from countries using such methods, as well as commentary on some practical challenges linked to the calculation of proceeds. Chapter 3 offers a compilation of case summaries to illustrate the principles covered in the preceding chapters.

  • 24 Nov 2011
  • OECD, The World Bank
  • Pages: 75

This study focuses on the identification and quantification of the proceeds of active bribery in international business transactions. Public and private organisations alike have long recognised that bribery of public officials is harmful to good governance, economic development and competitive conditions. Confiscation and recovery of the proceeds derived from foreign bribery are key elements in the international framework to fight corruption of public officials.

Chapter 1 introduces the international legal framework for the treatment of the proceeds of active bribery and catalogues the legal remedies available in various jurisdictions, and how these remedies may interact.

Chapter 2 defines five principal types of proceeds of active bribery and analyzes how they may be quantified. Each system is illustrated by examples from countries using such methods, as well as commentary on some practical challenges linked to the calculation of proceeds.

Chapter 3 offers a compilation of case summaries to illustrate the principles covered in the preceding chapters.

French
  • 07 Nov 2022
  • OECD, Asian Productivity Organization
  • Pages: 128

This report represents the second outcome of the collaboration between the Asian Productivity Organization (APO) and the Organisation for Economic Co-operation and Development (OECD) to improve the measurement and analysis of productivity developments across APO and OECD member economies. The report discusses the potential impact of COVID-19 on productivity and examines the role of Multifactor Productivity (MFP) as a major driver of economic growth and changes in living standards. It then identifies the most important factors influencing MFP growth and describes the most important challenges affecting the measurement of each of these factors as well as the estimation of their impact on MFP. The report provides key recommendations to improve the reliability and interpretation of the empirical evidence for economic analysis.

This report is a first step towards building a qualitative understanding of the way illicit or criminal activities interact with the economy, security and development of West African states. Going beyond a traditional analysis of illicit financial flows (IFFs), which typically emphasises the scale of monetary flows, the report examines the nature of thirteen overlapping, and oftentimes mutually reinforcing, criminal and illicit economies, with a view to identify their resulting financial flows and development linkages. In taking this approach, this report identifies the networks and drivers that allow these criminal economies to thrive, with a particular emphasis on the actors and incentives behind them. As a conclusion to this work, this report proposes a series of policy considerations to assist countries to prioritise and focus their responses to reduce the development impacts of IFFs. Resolving the problem of IFFs requires responding to underlying development challenges, and tackling all parts of the problem in source, transit and destination countries.

French
  • 18 Apr 2016
  • OECD
  • Pages: 266

This report assesses the magnitude, flows and drivers of illicit trade and the illegal economy including: narcotics, human trafficking, wildlife, sports betting, counterfeit medicines, alcohol and tobacco. The negative socio-economic impacts that these markets have in consumer countries are as worrisome as the goverance gaps that are exploited in source countries. This report examines each illicit sector in terms of the geographic sources, destinations and key trade routes, the current trend of infiltration by organized crime networks, and good practices or future policy solutions with which to combat illicit trade within the various sectors.

To contribute to the existing pool of evidence on the dynamic interplay between illicit trade and armed conflicts, this report looks at illicit trade flows in four separate conflict-affected countries in the MENA region: Iraq, Libya, Syria and Yemen. For the case of Yemen, the report also presents a deep-dive analysis of illicit trade flows and the relevant governance environment. The findings highlight that illicit trade networks in these countries are dynamic, complex, and heavily integrated into regional and global networks.

  • 04 Apr 2024
  • OECD, European Union Intellectual Property Office
  • Pages: 60

The COVID-19 pandemic has significantly impacted various aspects of human activity, including illicit trade. Criminal networks have adapted quickly to exploit disrupted supply chains and increased demand for essential goods, creating new opportunities for profit. This report examines how the pandemic has reshaped the trade in counterfeit goods. It looks at the multifaceted effects of the COVID-19 pandemic on the trade dynamic, particularly in the European Union. It also explores its effects on the trade in counterfeit goods, drawing on both law enforcement and industry expertise, as well as global customs seizure data. In particular, it highlights the challenges faced, the changing modus operandi of counterfeiters and the solutions that have emerged during this unprecedented health crisis.

Trade in illicit alcohol products is an attractive target for organised crime, as both the market and potential profits are large, in some cases requiring little investment. The illicit alcohol trade not only fuels criminal networks, but also poses significant risks to public health and safety. This report structures and enhances existing evidence on illicit alcohol trade. It examines the nature and scope of illicit trade in the sector, assesses the impacts of illicit trade on socio-economic development, and identifies the factors driving illicit trade in the sector.

  • 10 Mar 2015
  • OECD
  • Pages: 136

This report examines Malaysia's early experience of implementing regulatory impact analysis (RIA) to support evidence-based rule making. The introduction of RIA is a key element of Malaysia's National Policy on the Development and Implementation of Regulations, launched in 2013. Malaysia has put in place the institutional infrastructure for implementing RIA at a rapid pace, learning from the experiences of a number of OECD countries among them Australia, the Netherlands, Korea and Mexico. However, Malaysia needs to move its attention from advocacy and awareness raising to guiding and supporting regulators to apply RIA. This report's recommendations focus on the need for the government of Malaysia to: consolidate the implementation of RIA over the medium-term; integrate RIA into Malaysia's policy-making processes; and build the capacity inside government necessary for ensuring high-quality RIA. Implementing these recommendations will assist not only Malaysia's domestic policy goals but also promote regional integration in Asia Pacific Economic Cooperation (APEC) and the Association of Southeast Asian Nations (ASEAN) through supporting regulatory convergence.

This report looks at Peru's progress in adopting regulatory impact analysis (RIA). Based on an analysis of how regulations are issued in five Peruvian ministries, it evaluates the extent to which the building blocks of an RIA system are in place. The report offers recommendations for accelerating the adoption of international practices and the establishment of a comprehensive RIA system in Peru.

Spanish

Regulations play a fundamental role in achieving public policy objectives, including the protection of human health and the environment, the fight against monopolies, or the efficient provision of water and sanitation services. Regulatory impact assessment (RIA) is an important tool for ensuring that regulations are of good quality. This report provides guidance for implementing RIA at the National Superintendence of Sanitation Services in Peru (Sunass). After assessing the agency’s process for issuing rules, the report provides recommendations for designing legal reforms needed to establish RIA as a permanent practice as well as training for the staff who will develop the RIAs. The report includes technical guidelines on undertaking public consultation, identifying public policy problems, and performing cost-benefit analysis.

Spanish
This report discusses some of the major challenges for implementing regulatory reform, from a political perspective. It draws on the experience and evidence from OECD countries when building the case through results and developing strategies for advocacy. This reflects the discussions held at the meeting of the OECD Group on Regulatory Policy in December 2007. Core issues concern how to create common consensus to support reform and which actors and stakeholders to integrate in achieving reforms. The issues of sequencing and timing are extremely relevant. Citizens and the public also need to understand the economic benefits of liberalisation and cutting red tape through regulatory reform.

Specific chapters analyse the role of advocacy bodies for regulatory reform, as well as competition policy, discussing their incentives and how they operate in their cultural, political and administrative environment. They should perform as powerful drivers and engines for reform, integrating the views of business and citizens in the policy process. An example is presented in the form of a case study assessing the political viability of centralised regulatory oversight as an institutional strategy based on the United States’ experience. Concerning competition policy advocacy, the report examines the balance between institutional independence and objectivity that are necessary for enforcement. Finally, the report also discusses how to interlink market-openness policies in a friendly reform environment, drawing lessons from trade and structural adjustments. It underlines the role of international negotiations as a means to harness political support, and strategies for managing and sustaining market-opening reforms.

French
  • 15 Jun 2020
  • OECD
  • Pages: 87

Regulations are indispensable for the proper functioning of society and markets. Technical regulations, referred to as NOMs in Mexico, set specific safety and quality requirements for products across sectors. Implementing Technical Regulations in Mexico provides the first assessment of the challenges facing regulatory delivery of technical regulations carried out under the aegis of the OECD Regulatory Policy Committee. This report analyses the delivery of Mexican NOMs, focusing on policies and practices around conformity assessment and regulatory inspections. Based on an analysis of NOMs’ framework and implementation policies and practices, the review identifies key areas for improvement and provides recommendations for Mexico to develop a whole-of-government and systemic approach to regulatory delivery of technical regulations.

Spanish

This Phase 4 report on Luxembourg by the OECD Working Group on Bribery evaluates and makes recommendations on Luxembourg’s implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 2021 Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions.

It was adopted by the OECD Working Group on Bribery during its plenary meeting on 5-8 March 2024.

French

This report describes what Belgium is doing to implement the OECD Anti-Bribery Convention.

French

This report surveys the legal provisions and the institutions in place in Bulgaria to combat bribery of foreign public officials and evaluates their effectiveness. It examines the mechanisms introduced, in both the public and private sectors, to prevent and detect acts of bribery of foreign public officials. It also reviews the effectiveness of mechanisms for investigating and prosecuting the offence of bribery of foreign public officials and related offences such as fraud and money-laundering. The report concludes with specific recommendations regarding prevention and detection, as well as prosecution and punishment. Key legal provisions to deter, prevent and fight corruption as submitted by Bulgaria to the review process are also included.

French

This report surveys the legal provisions and the institutions in place in Canada to combat bribery of foreign public officials and evaluates their effectiveness. It examines the mechanisms introduced in both the public and private sectors to prevent and detect acts of bribery of foreign public officials. It also reviews the effectiveness of mechanisms for investigating and prosecuting the offence of bribery of foreign public officials and related offences such as fraud and money-laundering. The report concludes with specific recommendations regarding prevention and detection, as well as prosecution and punishment. Key legal provisions to deter, prevent and fight corruption as submitted by Canada to the review process are also included.

French

This report surveys the legal provisions and the institutions in place in Finland to combat bribery of foreign public officials and evaluates their effectiveness. It examines the mechanisms introduced, in both the public and private sectors, to prevent and detect acts of bribery of foreign public officials. It also reviews the effectiveness of mechanisms for investigating and prosecuting the offence of bribery of foreign public officials and related offences such as fraud and money-laundering. The report concludes with specific recommendations regarding prevention and detection, as well as prosecution and punishment. Key legal provisions to deter, prevent and fight corruption as submitted by Finland to the review process are also included.

French

This report surveys the legal provisions and the institutions in place in France to combat bribery of foreign public officials and evaluates their effectiveness. It examines the mechanisms introduced in both the public and private sectors to prevent and detect acts of bribery of foreign public officials. It also reviews the effectiveness of mechanisms for investigating and prosecuting the offence of bribery of foreign public officials and related offences such as fraud and money-laundering. The report concludes with specific recommendations regarding prevention and detection, as well as prosecution and punishment. Key legal provisions to deter, prevent and fight corruption as submitted by France to the review process are also included.

French

This report surveys the legal provisions and the institutions in place in Germany to combat bribery of foreign public officials and evaluates their effectiveness. It examines the mechanisms introduced, in both the public and private sectors, to prevent and detect acts of bribery of foreign public officials. It also reviews the effectiveness of mechanisms for investigating and prosecuting the offence of bribery of foreign public officials and related offences such as fraud and money-laundering. The report concludes with specific recommendations regarding prevention and detection, as well as prosecution and punishment. Key legal provisions to deter, prevent and fight corruption as submitted by Germany to the review process are also included.

French
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