The Criminalisation of Bribery in Asia and the Pacific
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The Criminalisation of Bribery in Asia and the Pacific

Criminalisation is a key component of all international anti-corruption instruments. For example, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) and the UN Convention against Corruption (UNCAC) both require States Parties to enact specific criminal offences on bribery. The Asian Development Bank (ADB)/Organisation for Economic Co-operation and Development (OECD) Anti-Corruption Initiative's Action Plan commits countries to ensure ‘the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials’.

However, criminalisation can be a challenging task, as experienced by many countries Party to the Anti-Bribery Convention. This report reviews the criminalisation of bribery offences in Asian countries under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review focuses on each member's implementation of UNCAC Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons). The review also identifies trends and challenges across the Asia-Pacific region.

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Publication Date :
28 Feb 2011
DOI :
10.1787/9789264097445-en
 
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Author(s):
OECD
Pages :
79–97
DOI :
10.1787/9789264097445-15-en

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Australia ratified the UNCAC and the OECD Anti-Bribery Convention in December 2005 and October 1999 respectively. It became a member of the FATF in 1990 and the APG in 1997. The Australian legal system is based on English common law. Its domestic bribery offences have not been externally reviewed. However, Australia’s foreign bribery offence and related enforcement issues have been examined extensively under the OECD Convention’s monitoring mechanism. To avoid duplication, this report will draw heavily on the OECD’s monitoring reports. It will also refer to FATF evaluation reports where appropriate.