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10
ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ
CASE EXAMPLE
“A”
COMPANY
“B”
IN COUNTRY
The constitution of the offence of
bribery of foreign public ofcials with
respect to the Turkish law can be
explained by the following concrete
example.
Turkish Company A, which is
headquar tered in Ankara and involved in
b u s i n e s s t r a n s a c t i o n s a b r o a d ,
par ticipates in a tender opened in Country
B; and during the course of the tender
process; the representative in that
country gives 200,000 USD bribe to the
Minister, to whom the tendering authority
is afliated, or to any other high level
ofcial to ensure that they will be awarded
with the tender although their company
does not full the conditions stipulated in
the announcement for tender. Although
there are other companies placing a bid
and fullling the necessary conditions,
Company A is awarded with the tender
and a contract is signed.
The claims of bribery have broad
repercussions in the national media of
Country B. Two months after publication of
the news in the media of Country B, the
incident has repercussions in the Turkish
media.
The Public Prosecutor of Ankara, by
presuming the news on the media as a
denunciation, has star ted an investigation
r e g a r d i n g d i r e c t l y t h e c omp a n y
representatives, of the offence of Bribery of
Foreign Public Ofcials. The offence can
only be invest igated ex-ofcio. Our
investigation authorities, regardless of the
existence of investigation or prosecution
concerning the case in Country B, will act
ex-ofcio about the company giving bribe. In
this case, from the aspect of public ofcials
of Country B who received bribe, the
authority to investigate the offence of bribery
naturally belongs to the judicial authorities of
Country B.
On the other hand, in line with the
legal obligations contained in Ar ticle 279
of Turkish Criminal Code, representatives
of the Ministry of Foreign Affairs in
Country B, and relevant ofcials of the
public institution are obliged to collect the
news published in national media of
Country B in a detailed manner and other
additional information that they receive
during performance of their duties and
submit them to the Ministry of Foreign
Affairs and Undersecretariat of Foreign
Trade in a timely manner. Likewise,
Ar ticle 279 of the Turkish Criminal Code
provides for the obligation to inform the
relevant authorities of an offence which
entails investigation and prosecution in
the name of the public and it also renders
that public ofcials failing or delaying in
such repor ting obl igation shal l be
sentenced to imprisonment of six months
to two years