1887

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.

English

.

Liability of legal persons for bribery

It is now settled that international standards require states to punish not only natural but also legal persons for bribery. The policy reason for this approach is clear. Bribes are very often given so that contracts and other advantages are awarded to companies. Put simply, individuals bribe, but companies benefit. A bribery offence must cover both aspects if it is to address the full mischief of the crime. Corporate liability is also necessary to encourage companies to adopt compliance policies that prevent natural persons who act on their behalf from committing bribery.

English

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error