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Overview

ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD) CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS. Overview. Background The Convention Non-members Implications. Background. OECD is economic think-tank of developed countries

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Overview

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  1. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD) CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS

  2. Overview • Background • The Convention • Non-members • Implications

  3. Background • OECD is economic think-tank of developed countries • Research & outreach programmes • South African interest in tapping into the OECD’s range of expertise and information • Increased interaction between South African government departments and OECD

  4. The Convention • Use of domestic law to criminalise bribery of foreign public officials (for example) • Does not apply to: • forms of corruption other than bribery (reasoning), • bribery that is purely domestic, or • bribery in which the direct or indirect recipient of the benefit is not a public official • Offences apply to corporations and other legal persons • Punishment must be “effective, proportionate and dissuasive” (explain) • Article 6 (Statue of Limitations) & Article 10 (Extradition) • Tax deductibility of bribes

  5. Non-members • Purpose of outreach activities: • accession of broad range of non-OECD countries • forum for consultations • Benefit of policy studies and institutional reviews • Important role South Africa plays in the region • Non-member participant of Working Group on Bribery in International Business Transactions has privileges of membership, exept voting on new member applications and on status of observer countries

  6. Implications (1) • Potential Gainsinclude: • OECD interest in promoting regional harmonisation, accession would allow for further opportunities for engagement on regional and continental level (SADC Regional Programme against Corruption and AU Convention on Preventing and Combating Corruption); • Opportunities for training of government and private sector officials; • Impact for international community; RSA can be first African country to accede to Convention and participate in Working Group; • As Non-member Participant, annual reviews can be carried out at the request of the country concerned.

  7. Implications (2) • Prevention and Combating of Corrupt Activities Act 12/2004: • Offence in respect of corrupt activities relating to foreign public officials (Section 5) • Extended jurisdiction (Section 35) • Duty to report corrupt transactions (Section 34) • Effect on SMME’s • Budgetary

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