Evaluating enforcement programs is a much more difficult task than examining the adequacy of implementing laws under Phase 1. Sufficient OECD staff support is not yet assured. Second, the monitoring process must be made more transparent. Public hearings should be held during each OECD country visit. Experts from civil society and the private sector should be allowed to present their views and respond to questions from the monitoring team.
Many countries prefer to conduct reviews behind closed doors.
In TI s view, a more open process will improve public acceptance and reduce the risk of confrontations. The OECD Convention currently prohibits bribery of foreign public officials, but does not cover bribery of foreign political party officials. TI is concerned that this leaves a dangerous loophole, which will be increasingly exploited now that bribery of foreign public officials is prohibited. While the US has pressed for coverage of political bribery, very few other OECD countries were prepared to tackle this controversial subject. TI believes that the recent scandals involving Chancellor Kohl and his party demonstrate that the time has come to close this loophole.