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OECD - Uluslararası Ticari İşlemlerde Yabancı Kamu
Görevlilerine Verilen Rüşvetin Önlenmesi Sözleşmesi
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OECD | ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ SÖZLEŞMESİ
3.The offences set out in paragraphs 1 and 2 above are hereinafter
referred to as “bribery of a foreign public ofcial”.
4.For the purpose of this Convention:
a) “foreign public ofcial” means any person holding a legislative,
administrative or judicial ofce of a foreign country, whether appointed or
elected; any person exercising a public function for a foreign country, including
for a public agency or public enterprise; and any ofcial or agent of a public
international organisation;
b) “foreign country” includes all levels and subdivisions of government,
fromnational to local;
c) “act or refrain from acting in relation to the performance of ofcial
duties” includes any use of the public ofcial s position, whether or not within
the ofcial s authorised competence.
.
Ar ticle 2-Responsibility of Legal Persons
Each Par ty shall take such measures as may be necessary, in
accordance with its legal principles, to establish the liability of legal persons for
the bribery of a foreign public ofcial.
Ar ticle 3-Sanctions
1. The bribery of a foreign public ofcial shall be punishable by effective,
propor tionate and dissuasive criminal penalties. The range of penalties shall be
comparable to that applicable to the bribery of the Par ty s own public ofcials
and shall, in the case of natural persons, include deprivation of liber ty sufcient
to enable effective mutual legal assistance and extradition.
2. In the event that, under the legal system of a Par ty, criminal
responsibility is not applicable to legal persons, that Par ty shall ensure that
legal persons shall be subject to effective, proportionate and dissuasive non-
criminal sanctions, including monetary sanctions, for bribery of foreign public
ofcials.
3. Each Par ty shall take such measures as may be necessary to provide
that the bribe and the proceeds of the bribery of a foreign public ofcial, or
proper ty the value of which corresponds to that of such proceeds, are subject
to seizure and conscation or that monetary sanctions of comparable effect are
applicable.
4. Each Par ty shall consider the imposition of additional civil or
administrative sanctions upon a person subject to sanctions for the bribery of a
foreign public ofcial.
Ar ticle 4-Jurisdiction
1. Each Par ty shall take such measures as may be necessary to
establish its jurisdiction over the bribery of a foreign public ofcial when the
offence is committed in whole or in par t in its territory.
2. Each Par ty which has jurisdiction to prosecute its nationals for
offences committed abroad shall take such measures as may be necessary to
establish its jurisdiction to do so in respect of the bribery of a foreign public
ofcial, according to the same principles.
3. When more than one Par ty has jurisdiction over an alleged offence
described in this Convention, the Par ties involved shall, at the request of one of
them, consult with a view to determining the most appropriate jurisdiction for
prosecution.
4. Each Par ty shall review whether its current basis for jurisdiction is
effective in the ght against the bribery of foreign public ofcials and, if it is not,
shall take remedial steps.
Convention on Combating
Bribery of Foreign Public
Ofcials in International
Business Transactions
21 NOVEMBER 1997