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The Criminalisation of Bribery in Asia and the Pacific

image of 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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Foreword

Since 2006, the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific has conducted Thematic Reviews of specific areas of its members' anticorruption efforts. Through the Reviews, the Initiative’s Steering Group takes stock of each member’s efforts, identifies challenges that have been encountered, and proposes recommendations for a way forward in order to overcome these difficulties. The reviews also identify cross-country trends and common obstacles, which in turn allow the Initiative to tailor its capacity building activities to address these challenges. The first Thematic Review in 2006 focused on members’ anti-corruption efforts in public procurement. A second Review in 2007 looked at extradition, mutual legal assistance and asset recovery in corruption cases.

English

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