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ÜLKEMİZDE RÜŞVETLE
MÜCADELE
05
ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ
Combating
Bribery in
Our Country
Ta k i ng s t eps t owa r ds e f f ec t i v e
implementation of the Convention to which we
are a par ty under the umbrella of OECD is
impor tant, in terms of both our international
commitments and interest of our country in
foreignmarkets.
"The Convention on Combating Bribery
of Foreign Public Ofcials in International
Business Transactions" was ratied by Law
numbered 4518 and dated 01.02.2000.
Subsequently, within the framework of
harmonizing OECD regulations with the
Turkish law, “The Offence of Bribery of Foreign
Ofcials” was incorporated into our domestic
law with the law numbered 4782 and dated
02.01.2003. Following this, it was regulated
under the new Turkish Cr iminal Code
numbered 5237 and dated 26.09.2004.
Lastly, it has been updated in parallel with the
OECD regulations by the law numbered 6352
and dated 02.07.2012.
The bribery offence is regulated under
Ar ticle 252 and the subsequent ar ticles of the
Turkish Criminal Code.
By paragraph 9 of the aforementioned
ar ticle, detailed arrangements regarding
bribery of “foreign public ofcials” has been
made.
In the Turkish Criminal Code, apar t from
Ar ticle 252, there are provisions about the
offence of bribery. Thus, from this aspect, the
offence of bribery is associated with the
money laundering offence. In our country,
“Money Laundering” offence is regulated
under the title of “Laundering of Assets
Acquired from an Offence” in Ar ticle 282 of the
Turkish Criminal Code.
According to paragraph 1 of Ar ticle 1, the offences requiring minimum penalty of six months
or more, are considered as predicate offences of laundering. In other words, according to
paragraph 1 of Ar ticle 252, “Bribery of Foreign Public Ofcial Offence” is the predicate offence of
laundering.
On the other hand, cer tain arrangements have been made with regard to tenders concerning
privatization of institutions falling under the scope or program of privatization. Within this
framework, under the title of “Par ties Ineligible” in tender specications, a subparagraph on “Real
and Legal Persons Convicted of Bribery of Foreign Ofcials” has been attached. Moreover, all
investors par ticipating in a tender need to submit a letter of under taking on non-conviction from the
offence of bribery
The offence of bribery
and money laundering
regulation are
interrelated
Turkish Penal Code
includes deterrent
provisions for the
offence of bribery