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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
Ar ticle 5 - Enforcement
Investigation and prosecution of the bribery of a foreign public ofcial
shall be subject to the applicable rules and principles of each Par ty. They shall
not be inuenced by considerations of national economic interest, the potential
effect upon relations with another State or the identity of the natural or legal
persons involved.
Ar ticle 6-Statute of limitations
Any statute of limitations applicable to the offence of bribery of a foreign
public ofcial shall allow an adequate period of time for the investigation and
prosecution of this offence.
Ar ticle 7-Money laundering
Each Par ty which has made bribery of its own public ofcial a predicate
offence for the purpose of the application of its money laundering legislation
shall do so on the same terms for the bribery of a foreign public ofcial, without
regard to the place where the bribery occurred.
Ar ticle 8 - Accounting
1.In order to combat bribery of foreign public ofcials effectively, each
Par ty shall take such measures as may be necessary, within the framework of
its laws and regulations regarding the maintenance of books and records,
nancial statement disclosures, and accounting and auditing standards, to
prohibit the establishment of off-the-books accounts, the making of off-the-
books or inadequately identied transactions, the recording of non-existent
expenditures, the entry of liabilities with incorrect identication of their object,
as well as the use of false documents, by companies subject to those laws and
regulations, for the purpose of bribing foreign public ofcials or of hiding such
bribery.
2. Each Par ty shall provide effective, propor tionate and dissuasive civil,
administrative or criminal penalties for such omissions and falsications in
respect of the books, records, accounts and nancial statements of such
companies.
Ar ticle 9 –Mutual legal assistance
1. Each Par ty shall, to the fullest extent possible under its laws and
relevant treaties and arrangements, provide prompt and effective legal
assistance to another Par ty for the purpose of criminal investigations and
proceedings brought by a Par ty concerning offences within the scope of this
Convention and for non-criminal proceedings within the scope of this
Convention brought by a Par ty against a legal person. The requested Par ty shall
inform the requesting Par ty, without delay, of any additional information or
documents needed to suppor t the request for assistance and, where
requested, of the status and outcome of the request for assistance.
2. Where a Par ty makes mutual legal assistance conditional upon the
existence of dual criminality, dual criminality shall be deemed to exist if the
offence for which the assistance is sought is within the scope of this
Convention.
3. A Par ty shall not decline to render mutual legal assistance for criminal
matters within the scope of this Convention on the ground of bank secrecy.
Ar ticle10-Extradition
1. Bribery of a foreign public ofcial shall be deemed to be included as an
extraditable offence under the laws of the Par ties and the extradition treaties
between them
Convention on Combating
Bribery of Foreign Public
Ofcials in International
Business Transactions
21 NOVEMBER 1997