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Law No. 4518:1.2.2000 article 1. – signed in Paris on December 17, 1997 "International Convention for the prevention of Commercial bribe was Given Foreign Public Görevlilerine in transactions" of approval. Article 2. – This law enters into force the date of promulgation. Article 3. – This law the provisions of the Council of Ministers.
INTERNATIONAL CONVENTION for the PREVENTION of the BRIBE was GIVEN FOREIGN COMMERCIAL TRANSACTIONS PUBLIC GÖREVLİLERİNE INPUT Âkit Parties, Comics, trade and investment fields in international commercial transactions, including serious moral and political concerns, the public administration and economic development and distorts the terms of international competitiveness, taking into account that a widespread phenomenon, International commercial transactions in all countries the responsibility of bribery was expected, taking into account the International commercial transactions the bribe was given to foreign public officials to prevent and to combat bribe-deterrent, active measures, and in particular that nev's comics, with the principles of the common elements and other basic law that can be applied in each country in accordance with the principles of Economics cooperation and Development who demand the punishable rapidly Teşkilâtının (OECD) on 23 May 1997, and C (97) 123 Final Numbered Decision is considering, in particular, the United Nations , World Bank, International Monetary Fund, the World Trade Organization, the Organization of American States, the Council of Europe and the European Union, including those carried out by giving bribes to public officials with developing the Alliance and cooperation in fighting the other saluted recent attempts, Organizations, employers and trade union organisations and other Governments in the fight against non-bribe of organizations celebrating efforts of Governments, individuals and organizations, international commercial transactions demands role in combating tip as gratitude the kinds of stages in this field, not just countries on their own efforts, but also cooperation in the multilateral level control, and being aware that require follow-up, should take measures equivalent between the parties Âkit provide will affect the type of contract, suggesting that contrary to the commentary should issue the payment without assertions, constitutes the main subject of this contract and, conscious that the purpose, have agreed the following.
Article 1-the crime of bribe Foreign public officials 1. Each Âkit a job in conducting international trade, or get an unfair benefit and conservation of the performance of official duties with the abovementioned purpose Act or a foreign public official to avoid to move the intentional direct or through intermediaries undeserved money or other benefits to the person giving the promising or suggesting that a public official or a third person to be established within the scope of criminal law to order the necessary measures.
2. each Âkit Side, incentives, including assistance or authorization copy, to bribe a foreign public official of the verb to be partners to take the necessary measures to constitute a criminal offense. Bribery of a foreign public official to attempt or complicity, attempt or crime, for the purpose of the partnership that the bribe to a public official Âkit Party national constitute a crime as a crime the extent addedilecektir. 3. The above paragraph and in the paragraphs 1 of the specified offences, hereinafter "bribery of a foreign public official" referred to as.
4. in accordance with the purposes of this agreement, a "Foreign public official" in a foreign country, whether assigned or chosen, namely the Executive, legislative, administrative or judicial, in a task a public institution or enterprise to a foreign country, including public mandate the establishment of an international public of each parties and that officer or servant;
b. the term "foreign country" from the national level, regional level all levels and subdivisions of Government;
c. "using the performance of Official duty to act or the omission of duty in", the official position of public servants requiring had had its mandate, within the authority given to him specifies the useful whether or not.
Article 2-Âkit Party Each the responsibility of legal entities, in accordance with its legal principles, to bribe a foreign public official in the event of legal entities take the necessary measures to ensure that the responsibility for.
Article 3-Sanctions 1. Giving a bribe to a foreign public official is punishable by effective, proportionate and dissuasive sanctions is programmed with the wrongful application. The range of criminal sanctions, in the event the other party to their public servant bribery Âkit applicable sanctions Kabul-I will be with real people, and compare effective mutual legal assistance and stringent enough to refund penalties.
2. If a Âkit Party legal system is programmed with the liability legal persons if not applicable, that bribing foreign public officials, Âkit Party, in case of legal entities, including fines, other effective, proportionate and deterrent sanctions will remain.
3. Each bribe was given to a foreign public official Âkit Party, and this gain or profit arising from the presence of the equivalent goods, seizure and subject or the same effects müsadereye monetary sanctions will take the necessary measures to ensure the implementation. 4. each Âkit side, due to a foreign public official of any person subject to prosecution for bribing the civil and administrative sanctions to be applied, taking into account the added.
Article 4 jurisdiction 1. Giving a bribe to a foreign public official, or any portion of the crime in his own country in the face of all the processing of the Âkit Party jurisdiction to measures established.
2. all the citizens for crimes committed abroad, prosecution is authorized to Âkit Party, according to the same principles, bribing a foreign public official suppliers with the same authority will take measures required to established.
3. In this agreement regarding this crime is defined in more than one jurisdiction in the presence of the Âkit Party, upon the request of one of them, ilgiliTaraflar, determined the most appropriate jurisdiction for prosecution-oriented consultation.
4. giving bribes to foreign public officials Each Âkit Side in the struggle with the existing basis of jurisdiction will review whether effective, not effective compensatory will take appropriate actions.
Article 5 – bribery of a foreign public official put in which case the investigations and prosecutions can be applied by the party base and each Âkit is done according to the principles. Kovuşturmalar, a near-national economic interests, relations with other States of the implications or the identity of the natural or legal persons, foreigners will not be affected.
Article 6-bribing a foreign public official Statute of limitations of the Statute of limitations that can be applied to the crime, the investigation and prosecution of this crime will give enough time for Taylor.
Article 7-Money laundering services to Its public servant bribery to be given, in order to support the implementation of legislation on money laundering crime, which makes it Âkit side, bribing foreign public officials, regardless of the place where bribing State will apply the same terms.
Article 8-Accounting rules 1. Bribing foreign public officials to fight effectively with each subject to its own laws and regulations Âkit-party corporations, foreign bribes to public officials in order to hide the bribe or the use of false documents, the creation of off-the-books accounts, off the record, or to be done that are not specified enough, they go from being saved is not available, what is the debit entries are not specified correctly to avoid books and records, financial statements balance sheet maintain accounting and auditing standards within the framework of its own laws and related regulations will take the necessary measures.
2. each Âkit side, these companies books, documents, accounts and financial balance sheet fraud, or incompleteness of this bed in 'iden, effective, proportionate and dissuasive civil, administrative and is programmed with the sanctions.
Article 9-Judicial assistance 1. Each of the applicable law and international Âkit Party, extent of documents, to the other party, that party versus non-litigation legal persons is programmed with this agreement, including those subject to the investigation and criminal cases will provide a fast and effective regarding free legal aid. If the requested Party will be the mainstay who demand Side judicial assistance, presentation from the document, and each required data and additional demand that legal aid with regard to the fate of the case without delay.
2. free legal assistance granted by one of the subject Âkit crimes punishable in both countries see as a crime in the case, if this agreement is the subject of crime, there will continue to be the Charter cezalandırılabilme in both countries.
3. free legal aid claim Parties contemplated by this agreement by applying the forward Bank secret is irrefutable.
Article 10-return 1. Giving a bribe to a foreign public official, Âkit law of the parties in accordance with the check-in and credit contracts shall be deemed to be a criminal matter.
2. the availability of a Refund credit agreement provided that either party engaged in, he acquires from another party that does not have credit agreement with this bed receives a request, to a foreign public official giving bribe crime in relation to this agreement, as a basis for legal return added. 3. Each Âkit side, a foreign public official, for the crime of giving a bribe to the citizens to prosecute or take the necessary measures to return them. Giving a bribe to a foreign public official due to charges of that person's extradition, as the only reason, rejecting the Party due to the person's citizenship, the matter can be made of the competent prosecution authorities must confer.
4. charges of bribe to a foreign public official return, national law and applicable to every Âkit-party contract and is subject to the conditions determined by consensus. If either party check-in can be punished in both countries conditional on being a criminal bağlarsa and crime this Convention 1. article is written in crimes, in the circumstances.
Article 11 – Responsible authorities 4. item 3. the consultation in paragraph 9. the judicial assistance and envisaged in article 10. in accordance with the purposes of the refund, provided for in article each Âkit side, OECD Secretary General, among other regulations, related to these issues for that Party demands an authority or authorities responsible for sending and acceptance of the reports.
Article 12-the control and follow up the implementation of This Agreement fully control and development purposes the Parties shall cooperate in order to put forward a regular follow-up program. Except for a decision to the contrary, they receive the parties that work with mutual consent, the OECD's International Commercial Bribery in transactions working group within this group are in line with the duty statement deposited with or referred to another institution to undertake the tasks of the institution by fulfilled. The parties, in accordance with the rules applied to this institution assumes the costs of the program.
Article 13-signature and participation 1. This agreement, OECD member countries and International Commercial Bribery in transactions working group as a full participant in the activities of a non-member countries invited to the date of entry into force to sign.
2. After the entry into force of this agreement, non-Signatories to the members of the OECD and International Commercial Bribery in transactions known as an area where she is full Working Group or participant, will be open for participation. For those without a Contract Signer, certificate of participation deposited shall enter into force on the sixtieth day following the. Article 14-have been deposited the check and approval documents 1. This agreement, in accordance to the law of each of the İmzacıların accepted, is subject to the appropriate discovery or approve.
2. Acceptance, recognition, approval and participation of the OECD Secretary-general Depoziteri this agreement, which documents have been deposited.
Article 15-entering into force 1. The biggest export envisaged in addendum to this agreement share among ten countries that at least ten of the country's total export of sixty percent United on finding appropriate, accepted, five of which represents or deposited the check documents shall enter into force on the sixtieth day following the date of. In this way, after the entry into force of the relevant Contract documents have been deposited to each Signatory who deposited the sixtieth day following.
2. Contract, no 1. Lu in accordance with paragraph 31 entered into force until December 1998, deposited the check acceptance or document in writing each signatory country is ready to accept the agreement to enter into force on the current No. 2. LU may be in accordance with paragraph Depozitere. Contract, so that a declaration be made by at least two Signatories shall enter into force on the sixtieth day following. Article 16-change can offer Every replacement of the Âkit Party to this agreement. The proposed amendment, Parties at least sixty days prior to a meeting invitation from other Parties that will be presented in the Depozitere. Konsensusu parties or Parties with pace by consensus method adopted with amendment, finding all Parties deposited their ratification, acceptance or after the sixtieth day document appropriate or modified acceptance will detect the other Parties during the Convention shall enter into force according to the conditions.
Article 17-A Âkit-party to withdraw, by written notice to Depozitere arising out of this agreement. This withdrawal would incur a year after the receipt of the notification. Çekilmenin cannot result in the terms offered before giving birth and legal aid and credit claims to the parties and the cooperation between the Parties will continue after retiring. The yüzdoksanyedi in Paris, December 17 Alexander are in English and French, both text applies equally.
On behalf of the Federal Republic of Germany on behalf of the Republic of Argentina on behalf of the Republic of Austria on behalf of the Signature Signature Signature Signature Australia on behalf of the Kingdom of Belgium, on behalf of the Federative Republic of Brazil on behalf of the Republic of Bulgaria, on behalf of Canada Signature Signature Signature Signature on behalf of the Kingdom of Chile on behalf of the Republic of Korea on behalf of the Kingdom of Denmark, on behalf of the signature Signature Signature Signature Spain United States signing autographs on behalf of the Republic of Finland on behalf of the Republic of France, on behalf of the Republic of Ireland on behalf of the Republic of Hungary on behalf of Helen on behalf of Signature Signature Signature Signature Signature Signature on behalf of the Republic of Italy on behalf of the Republic of Iceland Japan on behalf of Luxembourg on behalf of the United Kingdom of Norway, on behalf of the Signature Signature Signature Signature Mexico States on behalf of the Kingdom of the Netherlands on behalf of the New Zealand signing autographs on behalf of Poland on behalf of the Republic of Portugal signing autographs on behalf of the Republic of the United Kingdom of Great Britain and Northern Ireland on behalf of the Slovak Republic on behalf of the Kingdom of Sweden on behalf of the Confederation of Switzerland on behalf of Signature Signature Signature Signature Signature Signature on behalf of the OECD Secretary-general on behalf of the Czech Republic Turkey deposited is an example of the high-fidelity.
Paris, 22 December 1997 Law Directorate DAFFE/IME/BR ADDITION Sign (97) 6/final of the OECD EXPORT STATISTICS OECD BATTS with PLATFORM 1990-1996, 1990-1996, 1990-1996 million Us%% Dollar OECD total the biggest 10 U.S. 287 118 15.9% 19.7% Germany 254 746 14.1% 17.5% Japan 11.8 14.6% 212 665% 9.5% United Kingdom% France 138 471 121 258 6.7 8.3% to 7.7% Italy 7.7% 5.1%% 91 215 112 449 6.2 6.3% Canada Korea (1) 81 364 4.5% 5.6% 5.6% 4.5% Belgium-Luxembourg Netherlands 81 264 78 598 4.4% 5.4% total largest export share 100% of the first 10 1 459 148 81.0% 1990-1996 1990-1996 the sum of U.S. $ OECD% Spain 42 469 Million 2.4% Switzerland 40 395 2.2% Sweden 36 710 2.0% Mexico (1) 34 233 1.9% Australia 27 194 1.5% Denmark * 24 145 1.3% Austria * 22 432 1.2% 1.1% 1.2% 21 666 19 217 Norway Ireland Finland Poland 1.0% 17 296 (1) ** 12 652 0.7% 0.6% 0.4% Portugal Turkey * Hungary 10 801 8 027 * * 6 795 0.4%, New Zealand 6 663 0.4% 0.3% Czech Republic *** Greece * Iceland 6 263 4 606 Total OECD 1 801 661 100% 0.3% 949 0.1% Notes: * 1990-1995, ** 1991-1996, * * * 1993-1996 source: OECD, (1) IMF Belgium-Luxembourg about; Belgium Luxembourg's trade statistics with United. 1st paragraph of article 15 of the Convention terms, one from Belgium or Luxembourg and both of them agreed, finding suitable or are deposited the check documents, one of the largest export share ten countries deposited a check of the document is considered to have been required for entry into force of the Convention and, on the country's total exports 60% of United in terms of two of the country's total requirement for United exports bearing in mind.
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