OECD Convention

OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was signed in December 1997 and came into force in February 1999.  Ireland ratified the Convention in September 2003.  The Convention is aimed at reducing corruption in developing countries by encouraging sanctions against bribery in international business transactions carried out by companies based in the convention member countries. 

All signatories to the Convention were required to introduce legislation that criminalises the act of bribing a foreign public official.  In this regard, the law on corruption in Ireland was strengthened following the enactment of the Prevention of Corruption (Amendment) Act, 2001, which gave effect in domestic law to the OECD Convention  and two other Conventions concerning corruption in criminal law, and corruption involving officials of the European Communities and officials of the EU member states.

This new legislation has ensured that there are strong penalties in place, of up to 10 years imprisonment and an unlimited fine, for those found guilty of offences under the Act, including convictions of bribery of foreign public officials by Irish nationals and companies.  Under section 23 of the Proceeds of Crime Act 2005, the Criminal Assets Bureau has power to seize a suspected bribe, and that Act also contains provisions relating to forfeiture of the bribe.

In addition to this further legislation intended to give fuller effect to certain provisions of the OECD Anti-bribery Convention is being drafted and should be published in the near future.  Ireland is strongly committed to combating bribery and corruption both at home and abroad by establishing and maintaining a transparent and corruption-free environment.