• Issues for follow-up in Phase 2bis (June 2009)
  • Issues to be brought to attention in Phase 3 (March 2010)

1a. Procedures for combating foreign bribery by Türk Eximbank, including mechanisms for excluding individuals and companies with prior involvement in foreign bribery from participating in official export credit support contracting [1997 Revised Recommendation, paragraphs I and II v)];
1b. The investigation of foreign bribery cases, including with regard to: (i) the sharing of competence between the Department of Anti-Smuggling and Organised Crime and the Public Order Department; and (ii) the absence of police authority to undertake an investigation except upon request of the public prosecutors
1c. The number of investigations and prosecutions of the offence of money laundering
1d. Developments regarding whether the following situations are effectively covered by the foreign bribery offence:

  • Bribery to obtain an abuse of discretion, and bribery to obtain an act or omission that goes beyond the foreign public official’s authority;
  • “Simplified” bribery (i.e. bribery to ensure the performance or non-performance of a task);
  • Bribery where an agreement is reached between the briber and the foreign public official to transmit the bribe directly to a third party, such as a family member, political party or charity; and
  • The person bribed exercises a public function for a foreign country or a public international organisation, but has not been appointed or elected or is not holding a legislative, executive or judicial office (e.g. an employee involved in awarding public procurement contracts);

1e. Sanctions imposed in foreign bribery and money laundering cases

As indicated in the Phase 2bis Report, Phase 3 shall be dedicated to steps taken by our country and ongoing works regarding the effective and efficient implementation of the Convention.
Within this framework, issues concerning Turkey that might be brought to attention are as follows:

  • Results of the investigation and prosecution conducted by Turkish authorities regarding the allegations against 139 Turkish companies in the 2005 Final Report of the Independent Inquiry Committee (IIC) into the United Nations Oil-for-Food Programme;
  • Status of new legal provisions on corporate liability;
  • Steps taken to extend the scope of external auditing of companies;
  • Results of the investigation and prosecution conducted in Turkey regarding the allegations of bribery concerning foreign public officials listed under the OECD Crime Index, Section Turkey;
  • Awareness-raising activities regarding the Convention and its implementation in public and private sector;
  • Deduction of foreign bribery from tax;
  • Corporate methods and internal audits mechanisms for uncovering foreign bribery;
  • Corporate liability in cases where the bribe is conveyed through an intermediary;
  • Sanctions imposed upon real and legal persons involved in foreign bribery;
  • Role and methods of tax auditors in identifying foreign bribery;
  • Protection of denouncers (those who inform the authorities of foreign bribery cases) working in public and private sector;
  • Addition of an explicit statement to the legislation that companies involved in bribery shall be deprived from official incentives;
  • Identification of an internal audits mechanism and ethical rules by small and medium-sized enterprises operating abroad;
  • Detection of foreign bribery through anti-money laundering  methods, as well as training programmes on foreign bribery for judiciary officials;
  • Irregularities in account records;
  • Procedures for combating foreign bribery by Türk Eximbank (especially the exclusion of  individuals and companies with prior involvement in foreign bribery from participating in official export credit support contracting);
  • Issue of jurisdiction concerning foreign bribery (responsibly body for investigation and prosecution) as well as the matter of permission by the Minister of Justice;
  • Detection of questionable money transactions;
  • International legal assistance and extradition;
  • Role of non-governmental organisations;
  • Perception of foreign bribery by the public.
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