ORGANISATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD)

OECD CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS WORKING GROUP ACTIVITIES

As a long standing member of OECD, Turkey signed Convention on Combating Bribery of Foreign Public Officials in International Business Transactions on 17/12/1997 and the signature was adopted by the law No. 4518 and dated 01/02/2000 and thus our Country became a party to the Convention.

Following this Convention, “Working Group Against Bribery” was established and therefore a group of member state delegates started inspecting relevant legislations as well as administrative and legal arrangements regarding such crimes of the states parties.

Within this framework, the 1st Phase Inspection of our Country was made on March 2004 and in the Turkey Report adopted as a result of examination, our current legislation was found to be in line with the Convention with a recommendation to correct some deficiencies.

The 2nd Phase Examination started with an on-site inspection on 07-11 May 2007 and ended with the Working Group meeting on 04-07 December 2007. Since the deficiencies found during the first inspection were not corrected, the Working Group decided that the 2nd Examination be repeated for our Country.

As a result, with the letter of the Prime Ministry’s Office, Department of Foreign Relations dated 04.02.2008, the duty of coordination was assigned to the Ministry of Justice, Directorate General for International Law and Foreign Relations

Within this framework, the OECD Secretariat and representatives of the leading examiner countries paid on-site visits to Ankara and Istanbul on 19-21 January 2009. A great number of representatives from public and private sector, employees and employers and NGOs participated and the works carried out were welcomed by OECD representatives and as a result, Turkey prepared the 2nd Phase Examination Report.

The report prepared about our Country was discussed at the OECD Paris Headquarters during the meeting of the Working Group Against Bribery on 16-19 June 2009 and Turkey was reported to be the country which made the most progress among the inspected countries and Turkey’s cooperative approach with the OECD Secretariat set a good example for others to follow.

In the Report, Turkey’s efforts and works were welcomed and recommendations were made on three main areas. The first one was about Turkey providing information on investigations about foreign bribery and such investigations being initiated directly by Public Prosecutors; the second one was the swift adoption of the draft bill which was on the agenda of TGNA (Turkish Grand National Assembly) that allows for administrative fines to be given to legal entities and the third one was about increasing awareness raising activities including those towards SMEs (small and medium sized enterprises).

The bill was adopted by TGNA (Turkish Grand National Assembly) and entered into force on 09 July 2009 and agreed administrative fines ranging between 10 thousand Turkish Liras to 2 million Turkish Liras would be imposed on Legal entities involved in bribery.

Progress made was moderately explained to member states delegates in December 2009 and in other meetings held in 2010, Turkey provided information about ongoing investigations on bribery offences as well as keeping up with the Working group reviews that other member states concentrated on 3rd Phase Examination.

In the 3rd Phase Examination focusing on effective implementation of legal arrangements against bribery, the examination dates for Turkey were set as September 2013 (answering the written questions), October 2013 (on-site examination visit) and March 2014 (discussing the 3rd Phase Examination Report in the Working Group).

On the other hand, our Country has been projected to pay visits as an “Examiner Country” to Slovakia (December 2011 – June 2012) and Poland (December 2012 – June 2013) at the 3rd Phase Examinations of these countries.

 

 

 
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