In this section, three nations are examined as to their implementation based on their degree of enforcement: Germany, which is considered to have strongly enforced the convention; United Kingdom with its moderate enforcement; and South Africa for its little or no enforcement . Implementation translated to state-based legislations; these implemented provisions on equal treatment among local and foreign officials, the establishment of criminal liability for bribery acts and its penalty, and the applicability of the law among Germans who live abroad .
The Convention is integrated in the country’s Criminal Code and the Administrative Offence Act of the Federal Republic of Germany . Germany immediately implemented the Convention once it took effect in the country. The strength of Germany’s implementation of the Convention can be seen in its vigilance in going after the criminal cases; hence, even though the county has had 110 foreign bribery cases, Germany has brought to court the parties involved, in addition to the continuous bribery investigations .
In the United Kingdom, the concepts of the Convention was integrated in the Anti-Terrorism, Crime and Security Act 2001; part 24 of the Act addressed domestic bribery with further exploration and elucidation in the 1906 Prevention of Corruption Act 1906. Furthermore, the UK also enumerated venues of potential bribery and corrupt activities, hence, the Act also has provisions on tax and customs practices, particularly in the investigations and proceedings.
However, it was not until 2003 that the UK took definitive steps to address foreign bribery; at that time a Draft Corruption Bill was authored and presented to the Parliament. From this, it can be gathered that the country some time before identifying how it would integrate the Convention in its legislation, particularly as the UK raised questions as to the aspects of security concerning the use of bribery in certain cases . Given that the UK has among one of the significant shares of foreign trade in the world, the bribery cases in the UK have been also apparent.
However, a major problem in the UK’s implementation is the country has yet to pass an anti-bribery legislation which other countries have managed to have enforced only a few years after the enactment of the Convention. In South Africa, the implementation showed in the legislation Prevention and Combating of Corrupt Activities Act 2004. The legislation can be regarded to tackle comprehensively the substance of the Convention, although interestingly, South Africa has been among those with insubstantial implementation of the Convention by means of the actual practices.
However, among the identified obstacles as to the effectiveness of its implementation was seen in the political influence over the enforcement and flaws in its anti-money laundering efforts . Overall, South Africa does not have strong working bribery cases other than those following its membership to the Convention in 2007. 4. 4 The Role of the OECD Working Group The OECD Working Group serves as the body that ensures a systematic monitoring and follow-up of the of the status of the implementation of the Convention among the signatory states.
The Working Group also continues its work regularly through annual meetings and reviews concerning the performance of the signatory countries in the implementation of the Convention. In addition, it also examines more sectors and areas of concern concerning bribery, especially as to how this would affect business transactions, thereby broadening the reach of the OECD in terms of its role in combating bribery. The Working Group also finds ways to provide the public with regular information in terms of its works and activities .
The Working Group also plays a co-ordination and consultative role towards the non-member states of the OECD with regards to their initiatives to fight bribery in their respective countries. 5. 0 Conclusion Anti-bribery measures are significant especially as globalisation forces continue to enable more international trading and businesses. Given that competition has been eminent, it has been inevitable in the past decades that a culture of corruption emerged due to the greed of certain individuals and institutions.
Initiatives such as the anti-bribery treaty of the OECD can be considered as among the solutions that ensure not only ethical practices in business transactions but it also promotes efficiency and better relations among the economic and political parties involved. Moreover, such initiative can also help the developing and the less developed nations in achieving a better foundation in their respective rates of progress as brought by best practices unprecedented by the eradication of corrupt activities and behaviour. References Journal Articles
Nancy Zucker Boswell. ‘The Law, Expectation, and Reality in the Marketplace: The Problems of and Responses to Corruption’ (1999) LPIB 139. Christopher Corr and Judd Lawler, ‘Damned If You Do, Damned If You Don’t? the OECD Convention and the Globalisation of Anti-Bribery Measures’ (1999) 32 VJTL 5. Ethan Kapstein. ‘Distributing the Gains: Justice and International Trade’ (1999) 52 JIA 2. Julie Nesbit ‘Transnational Bribery of Foreign Officials: A New Threat to the Future of Democracy’ (1999) 32 VJTL 5. Michael D. Nilsson. ‘Foreign Corrupt Practices Act’.
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