OECD Anti-Bribery Convention – Bribery in international business – Russia

by Sabrina I. Pacifici on October 17, 2013

“This Phase 2 Report on the Russian Federation by the OECD Working Group on Bribery evaluates and makes recommendations on the Russian Federation’s implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 2009 Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions. It was ad opted by the Working Group on 11 October 2013…The report describes several areas in which Russia’s implementation of the Convention and related instruments falls short. The Working Group is particularly concerned by the deficiencies in Russian law on the foreign bribery offence and urges Russia to adopt appropriate legislation as a matter of high priority. Russia should in particular ensure that individuals are held liable for foreign bribery including in cases of offer and promise of a bribe, when the bribe takes the form of non-material advantages and in situations where the payment of the bribe is made to third party beneficiaries. As stated in the Phase 1 report, Russia should also eliminate the defence of “effective regret” as it applies to foreign bribery. With regard to liability of legal persons, Russia should strengthen its legal framework and ensure implementation of Article 2 of the Convention.”

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