Rs 0.311.21 Convention Of 17 December 1997 On Combating Against Corruption Of Foreign Public Officials In International Business Transactions (With Annex)

Original Language Title: RS 0.311.21 Convention du 17 décembre 1997 sur la lutte contre la corruption d’agents publics étrangers dans les transactions commerciales internationales (avec annexe)

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0.311.21 original text Convention on combating bribery of foreign public officials in international business transactions concluded at Paris on 17 December 1997 approved by the Federal Assembly on 9 December 1999 ratification Instrument deposited by Switzerland on 31 May 2000 entry into force for the Switzerland on July 30, 2000 (State March 25, 2015) preamble the Parties considering that corruption is a widespread phenomenon in international business transactions, including in the area of trade and investment, which raises serious moral and political concerns affecting the good management of public affairs and economic development and distorts international competitive conditions;
whereas the responsibility of combating corruption in international commercial transactions in all countries;
given the recommendation revised on the fight against corruption in international business transactions, adopted by the Council of the Organization for cooperation and development (OECD) on 23 May 1997, C (97) 123/FINAL, which, among other things, requires that effective measures are taken to discourage, prevent and combat the bribery of foreign public officials in international business transactions and in particular, as this corruption either quickly complained in an efficient and coordinated in accordance with the agreed common elements which are included in this recommendation as well as the principles of competence and the other legal principles fundamental in each country;
Welcoming other recent initiatives that advance the understanding and international cooperation in the fight against the corruption of public officials, including actions taken by the United Nations, the World Bank, the international monetary fund, the world Organization of the trade, the Organization of States Americans, the Council of Europe and the Union European;
Welcoming the efforts companies, employers ' and workers ' organizations and other non-governmental organizations in the fight against corruption;
Recognizing the role of Governments in the prevention of solicitation of bribery on the part of individuals and businesses in international business transactions;
Recognizing that progress in this area requires not only efforts of each country, but also cooperation, a surveillance and monitored at the multilateral level;
Recognizing that ensure equivalence among the measures to be taken to the Parties is essential to the convention an object and purpose which requires that the convention be ratified without derogations affecting this equivalence, have agreed to the following: art. 1. the offence of bribery of foreign public officials 1. Each Party shall take the necessary measures so that is a criminal offence under its law intentional, for any person to offer, promise or grant a undue pecuniary or other advantage, directly or through intermediaries, to a foreign public official, for his benefit or for the benefit of a third party, so that this agent Act or refrain from acting in the performance of official duties in order to get or keep a market or other undue advantage in international trade.
2 each Party shall take the necessary measures so that is a criminal offence to be complicit in an act of bribery of a foreign public official, including instigation, assistance or authorization. The attempt and conspiracy to bribe a foreign public official shall be a criminal offence where the attempt and conspiracy to bribe a public official of that party, constitute such an offence.
3. the offences defined in the by. 1 and 2 above are referred to as below "bribery of a foreign public official.
4. for the purposes of this Convention: a. "foreign public official" means any person who holds a legislative, administrative or judicial in a foreign country, mandate that she has been appointed or elected, any person exercising a public service to a foreign country, including for a business or organization public and any official or agent of a public international organization; b. "foreign country" includes all levels and subdivisions of Government the level national to the local level; c. "Act or refrain from acting in the execution of official duties" means any use that is made of the official position of the public official, that such use is or not this agent powers.

Art. 2 liability of legal persons each party take the necessary measures, in accordance with its legal principles, to establish the liability of legal persons in the case of bribery of a foreign public official.

Art. 3 sanctions 1. The bribery of a foreign public official shall be punishable by effective, proportionate and dissuasive criminal sanctions. The range of penalties shall be comparable to that of the sanctions applicable to bribery of public officials of the party in question and must, in the case of natural persons, include custodial sentences of liberty sufficient to enable effective mutual legal assistance and extradition.
2. If, in the legal system of a party, criminal responsibility is not applicable to legal persons, this part ensure that legal persons are subject to penalties not criminal effective, proportionate and dissuasive, including monetary, bribery of foreign public officials.
3. each party takes steps to ensure that the instrument and products of the corruption of foreign public officials or of assets of an equivalent value to these products can be the subject of seizure and confiscation or that monetary sanctions of comparable effect are planned.
4. each party is considering the application of additional civil or administrative sanctions to any person subject to sanctions for bribery of a foreign public official.

Art. 4 jurisdiction 1. Each Party shall take the necessary measures to establish its jurisdiction over the bribery of foreign public officials when the offence is committed in whole or in part in its territory.
2 each party having jurisdiction to continue its nationals for offences committed abroad shall take the necessary measures to establish its jurisdiction over the bribery of a foreign public official according to the same principles.
3. when several Parties have jurisdiction over an offence alleged contemplated in this agreement, stakeholders are working together, at the request of one of them, in order to decide which is best able to exercise prosecution.
4. each party examines whether the current basis for jurisdiction is effective to combat bribery of foreign public officials; If this is not the case, it takes appropriate corrective action.

Art. 5 implementation the investigations and prosecution of bribery of foreign public officials are subject to the rules and principles of each party. They will not be influenced by considerations of national economic interest, the potential impact on relations with another State or the identity of the natural or legal persons involved.

Art. 6 prescription prescription of the offence of bribery of a foreign public official plan must allow sufficient time for the investigation and the prosecution for this offence.

Art. 7 money laundering each party having ensure that corruption of its public officials is a predicate offence for the purposes of the application of its legislation on money laundering will take the same measure in the case of bribery of a foreign public official, regardless of the place where the corruption occurred.

Art. 8 accounting standards 1. To effectively combat the bribery of foreign public officials, each Party shall take the necessary measures, as part of its laws and regulations regarding the bookkeeping and accounting, the publication of information on the financial statements and accounting and auditing, standards for companies subject to those laws and regulations prohibit off-book accounts operations off-books or inadequately identified, the recording of non-existent expenses, recording of liabilities which the object is not correctly identified, as well as the use of false documents, in order to bribe a foreign public official or hide this corruption.
2. each party provide for sanctions civil, administrative or criminal effective, proportionate and dissuasive in case of such omissions or falsifications in the books, records, accounts and financial statements of these companies.

Art. 9 mutual legal assistance


1. each party grants, as long as its laws and its relevant international instruments, will allow a prompt and effective in other mutual Parties for the purposes of investigations and criminal proceedings by a party for the offences covered by this Convention as well as for the purposes of no criminal proceedings under the present Convention committed by one party against a legal person. The requested Party shall inform the requesting party, without delay, of any element or additional document that it is necessary to present in support of the request for assistance and, on request, the follow-up given to this request for assistance.
2 when some subordinates mutual legal assistance to a double jeopardy, it shall exist if the offence for which assistance is requested is part of this agreement.
3. a party may refuse to grant mutual legal assistance in criminal matters under the Convention by invoking banking secrecy.

Art. 10 extradition 1. The bribery of a foreign public official shall be an offence which may lead to extradition under the law of Parties and conventions for extradition between them.
2. when a party which subordinates extradition to the existence of an extradition agreement receives a request for extradition on the part of another party with which it has no extradition agreement, it may consider this Convention as the legal basis for extradition with respect to the offence of bribery of a foreign public official.
3. each party takes steps to ensure either to extradite its nationals, or to be able to sue them for the offence of bribery of a foreign public official. A party who refuses a request for extradition of a person for bribery of a public official foreign for the sole reason that this person is its national shall submit the case to its competent authorities for the purpose of prosecution.
4. extradition for bribery of a foreign public official is subject to the conditions laid down by national law and the agreements and arrangements applicable to each party. When some subordinates extradition to the existence of a double jeopardy, this condition is deemed to be completed when the offence for which extradition is requested statement of art. 1 of the Convention.

Art. 11 responsible authorities for the purposes of the consultation provided for in art. 4, by. 3, mutual legal assistance provided for in art. 9 and the planned extradition to the art. 10, each Party shall notify the Secretary-General of the OECD an authority or authorities of the sending and receipt of applications, which will play the role of contact person for this part for these materials, without prejudice to other arrangements between the Parties.

Art. 12 monitoring and follow-up the Parties cooperate to implement a program of systematic follow-up to monitor and promote the full implementation of the Convention. Unless otherwise decided by consensus of the Parties, this action is carried out within the Working Group of the OECD on bribery in international business transactions and in accordance with the mandate of this group, or breast and in accordance with the mandate of any body who could succeed him in his duties, and the Parties bear the cost of the program according to the rules applicable to that body.

Art. 13 signature and accession 1. Until the date of its entry into force, this Convention is open to the signature of the Member countries of OECD and non members who have been invited to become a participating part of the international activities of its working group on bribery in business transactions.
2. after its entry into force, this Convention is open to accession by any spoilers become OECD member or participating part of the Working Group on bribery in international business transactions or any body succeeding him in his duties. For each non adhering to the convention, the convention comes into force 60 days after the date of the deposit of its instrument of accession.

Art. 14 ratification and deposit 1. This Convention is subject to acceptance, approval or ratification by the signatories in accordance with their law.
2. the instruments of acceptance, approval, ratification or accession are deposited with the Secretary-General of the OECD, depositary of the present Convention.

Art. 15 entry into force 1. This agreement will take effect 60 days following the date on which five countries are among the 10 countries the share of exports, according to attached document, and who represent five of them at least 60 percent of the combined total exports of those ten countries, will have deposited their instruments of acceptance, approval or ratification. For each signatory depositing its instrument after such entry into force, the convention will take effect 60 days after the deposit of this instrument.
2. If the agreement is not entered into force on 31 December 1998 in accordance with the by. 1, all signatory having deposited its instrument of acceptance, approval or ratification may declare in writing to the depositary that it is ready to accept the entry into force of the convention in accordance with paragraph 2. The convention will enter into force for that signatory the sixtieth day following the date on which such a declaration will be made by at least two signatories. For each signatory who filed his statement after such entry into force, the convention will take effect 60 days after the date of filing.

Art. 16 amendment any party may propose to amend this Convention. The proposed amendment is submitted to the depositary, which shall forward it to the other Parties at least 60 days before a meeting parts to examine. Each amendment, adopted by consensus of the Parties or according to any other terms that the Parties agreed by consensus, comes into force sixty days after the deposit of an instrument of ratification, acceptance or approval by all Parties, or according to any other conditions that may be fixed by the Parties at the time of the adoption of the amendment.

Art. 17 withdrawal a party may withdraw from this Convention by written notification to the depositary. This withdrawal takes effect one year after the date of receipt of the notification. After the withdrawal, cooperation continues between the Parties and the party which withdrew for all requests for assistance or extradition before the effective date of withdrawal.
In Paris this 17 December, one thousand nine hundred quarte.vingt seventeen, in English, and French languages, each version being equally authentic.
(Follow signatures)

Annex statistics of export of the OECD exports OECD 1990-1996 1990 - 1996 1990 - 1996 - US$ million % of Total OECD % of top 10 U.S. 287 118 15.9% 19.7% Germany 254 746 14.1% 17.5% Japan 212 665 11.8% 14.6% France 138 471 7.7% 9.5% United Kingdom 121 258 6.7% 8.3% Italy 112 449 6.2% 7.7% Canada 91 215 5.1% 6.3% Korea (1) 81 364 4.5% 5.6% country down 81 264 4.5% 5.6% Belgium-Luxembourg 78 598 4.4% 5.4% Total of 10 first 1 459 148 81%

100% Spain 42 469 2.4% Switzerland 40 395 2.2% Sweden 36 710 2.0% Mexico (1) Australia 27 194 34 233 1.9% 1.5% Denmark 24 145 1.3% Austria 22 432 1.2% Norway 21 666 1.2% Ireland 19 217 1.1% Finland 17 296 1.0% Poland (1) * 12 652 0.7% Portugal 10 801 0.6% Turkey * 8 027 0.4% Hungary * 6 795 0.4% New Zealand 6 663 0.4% Czech Republic * 6 263 0.3% Greece 4 606 0.3% Iceland 949 0.1% Total OECD 1 801 661 100% legend: * 1990-1995 * 1991-1996 * 1993-1996 Source: OECD, (1) IMF concerning the Belgium and the Luxembourg: the Belgium and the Luxembourg trade statistics are available in a cumulative manner. As part of the art. 15, by. 1 of the convention, if the Belgium or the Luxembourg deposit their instruments of acceptance, approval or ratification or if the Belgium and the Luxembourg deposit their instruments of acceptance, approval or ratification, it will be considered that one of the countries which are among the ten countries the share of exports has deposited and accumulated two countries export will be added to achieve as required for the entry into force of the convention, the 60% of total exports, these ten countries to date.

State March 25, 2015 scope March 25, 2015 States parties Ratification, accession (A) entry into South Africa, June 19, 2007 has 18 August 2007 Germany 10 November 1998 15 February 1999 Argentina 8 February 2001 9 April 2001 Australia October 18, 1999 December 17, 1999 Austria may 20, 1999 July 19, 1999 Belgium July 27, 1999 September 25, 1999 Brazil * August 24, 2000 23 October 2000 Bulgaria December 22, 1998 February 20, 1999 Canada 17 December 1998 15 February 1999 Chile April 18, 2001 June 17, 2001 Colombia November 20, 2012 is January 19, 2013 (South) Korea 4 January 1999 March 5, 1999 Denmark September 5, 2000 November 4, 2000 Spain 14 January 2000 March 4, 2000 Estonia November 23


2004a January 22, 2005 United States 8 December 1998 15 February 1999 Finland 10 December 1998 15 February 1999 France * July 31, 2000 September 29, 2000 Greece 5 February 1999 6 April 1999 Hungary 4 December 1998 15 February 1999 Ireland 22 September 2003 November 21, 2003 Iceland 17 August 1998 15 February 1999 Israel March 11, 2009 A 10 May 2009 Italy December 15, 2000 February 13, 2001 Japan October 13, 1998 15 February 1999 Latvia March 31, 2014 May 30, 2014 Luxembourg 21 March 2001 20 May 2001 Mexico may 27, 1999 July 26, 1999 Norway 18 December 1998 February 16, 1999 New Zealand June 25, 2001 August 24, 2001 Netherlands January 12, 2001 13 March 2001 Poland 8 September 2000 7 November 2000 Portugal 23 November 2000 22 January 2001 Czech Republic January 21, 2000 March 21, 2000 United Kingdom 14 December 1998 15 February 1999 Russia 17 February 2013 has 17 April 2012 Slovakia 24 September 1999

23 November 1999 Slovenia September 6, 2001 A November 5, 2001 Sweden 8 June 1999 7 August 1999 Switzerland * 31 May 2000 July 30, 2000 Turkey July 26, 2000 24 September 2000 * the reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Internet site of the Organization for cooperation and development (OECD): www.oecd.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

Statement Switzerland the Swiss authorities have designated the federal Office of Justice as the counterpart provided in art. 11 of the convention.

2003 4243 RO; FF 1999 5045 art. FY Dec. 9 1. 1999 (RO 2003 4241) RO 2003 4243, 2009 2653, 2012 623, 2015 1017. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State March 25, 2015

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