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OECD | ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ SÖZLEŞMESİ
Convention on Combating
Bribery of Foreign Public
Ofcials in International
Business Transactions
21 NOVEMBER 1997
PREAMBLE
The Par ties,
Considering that bribery is a widespread phenomenon in international
business transactions, including trade and investment, which raises serious
moral and political concerns, undermines good governance and economic
development, and distor ts international competitive conditions;
Considering that all countries share a responsibility to combat bribery in
international business transactions;
Having regard to the Revised Recommendation on Combating Bribery in
International Business Transactions, adopted by the Council of the
Organisation for Economic Co-operation and Development (OECD) on 23 May
1997, C(97)123/FINAL, which, inter alia, called for effective measures to deter,
prevent and combat the bribery of foreign public ofcials in connection with
international business transactions, in par ticular the prompt criminalisation of
such bribery in an effective and co-ordinated manner and in conformity with the
agreed common elements set out in that Recommendation and with the
jurisdictional and other basic legal principles of each country;
Welcoming other recent developments which fur ther advance
international understanding and co-operation in combating bribery of public
ofcials, including actions of the United Nations, the World Bank, the
International Monetary Fund, the World Trade Organisation, the Organisation of
American States, the Council of Europe and the European Union;
Welcoming the effor ts of companies, business organisations and trade
unions as well as other non-governmental organisations to combat bribery;
Recognising the role of governments in the prevention of solicitation of
bribes from individuals and enterprises in international business transactions;
Recognising that achieving progress in this eld requires not only effor ts
on a national level but alsomultilateral co-operation, monitoring and follow-up;
Recognising that achieving equivalence among the measures to be
taken by the Par ties is an essential object and purpose of the Convention, which
requires that the Convention be ratied without derogations affecting this
equivalence.
Ar ticle 1 –The offence of bribery of foreign public ofcials
1. Each Par ty shall take such measures as may be necessary to
establish that it is a criminal offence under its law for any person intentionally to
offer, promise or give any undue pecuniary or other advantage, whether directly
or through intermediaries, to a foreign public ofcial, for that ofcial or for a third
par ty, in order that the ofcial act or refrain from acting in relation to the
performance of ofcial duties, in order to obtain or retain business or other
improper advantage in the conduct of international business.
2. Each Par ty shall take any measures necessary to establish that
complicity in, including incitement, aiding and abetting, or authorisation of an
act of bribery of a foreign public ofcial shall be a criminal offence. Attempt and
conspiracy to bribe a foreign public ofcial shall be criminal offences to the
same extent as attempt and conspiracy to bribe a public ofcial of that Par ty.