The Criminalisation of Bribery in Asia and the Pacific [electronic resource] /
Organisation for Economic Co-operation and Development.
Organisation for Economic Co-operation and Development.
Asian Development Bank.
Paris : OECD Publishing,
2011.
Criminalisation is a key component of all international anti-corruption instruments. For example, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) and the UN Convention against Corruption (UNCAC) both require States Parties to enact specific criminal offences on bribery. The Asian Development Bank (ADB)/Organisation for Economic Co-operation and Development (OECD) Anti-Corruption Initiative's Action Plan commits countries to ensure ‘the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials’. However, criminalisation can be a challenging task, as experienced by many countries Party to the Anti-Bribery Convention. This report reviews the criminalisation of bribery offences in Asian countries under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review focuses on each member's implementation of UNCAC Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons). The review also identifies trends and challenges across the Asia-Pacific region.
"28 2011 01 1 P".
Includes bibliographical references.
Australia -- Bangladesh -- Thailand -- Sri Lanka -- Annex 2. Summary of Maximum Sanctions for Domestic Bribery in the Initiative's Members -- Samoa -- Singapore -- Philippines -- Foreword -- Annex 1. Excerpts from UNCAC -- Enforcement of bribery offences -- Conclusion and recommendations -- Papua New Guinea -- Hong Kong, China -- Cook Islands -- Fiji Islands -- Cambodia -- Viet Nam -- P.R. China -- Vanuatu -- Bhutan -- Korea -- Sanctions for bribery -- Kazakhstan -- Jurisdiction to prosecute bribery -- Indonesia -- Japan -- India -- Tools for investigating bribery -- Pakistan -- Introduction, Scope and Methodology -- Palau -- Elements of the Active and Passive Domestic Bribery Offences -- Nepal -- Executive Summary -- Defences -- Liability of legal persons for bribery -- Mongolia -- Bribery of foreign public officials -- Kyrgyzstan -- Malaysia -- Macao, China.
Criminalisation is a key component of all international anti-corruption instruments. For example, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) and the UN Convention against Corruption (UNCAC) both require States Parties to enact specific criminal offences on bribery. The Asian Development Bank (ADB)/Organisation for Economic Co-operation and Development (OECD) Anti-Corruption Initiative's Action Plan commits countries to ensure ‘the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials’. However, criminalisation can be a challenging task, as experienced by many countries Party to the Anti-Bribery Convention. This report reviews the criminalisation of bribery offences in Asian countries under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review focuses on each member's implementation of UNCAC Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons). The review also identifies trends and challenges across the Asia-Pacific region.
Australia; Bangladesh; Bhutan; Cambodia; P.R. China; Cooks Islands; Fiji Islands; Hong Kong; India; Indonesia; Japan; Kazakhstan; Korea; Kyrgyzstan; Macao; Malaysia; Mongolia; Nepal; Pakistan; Palau; Papua New Guinea; Phillippines; Samoa; Singapore; Sri Lanka; Thailand; Vanuatu; Viet Nam.
Bribery
Misconduct in office
Political corruption
Investments, Foreign
ADB/OECD Anti-Corruption Initiative for Asia and the Pacific