Global S&T Development Trend Analysis Platform of Resources and Environment
Germany’s strong anti-bribery enforcement against individuals needs to be matched by comparably strong enforcement against companies | |
admin | |
2018-06-21 | |
发布年 | 2018 |
语种 | 英语 |
国家 | 国际 |
领域 | 地球科学 |
正文(英文) | 21/06/2018 - Germany continues to demonstrate a high level of anti-bribery enforcement having prosecuted and sanctioned 328 individuals and 18 companies in foreign bribery cases since 1999. Germany is commended for its focus on holding culpable individuals liable, however, with companies held liable in only a quarter of the concluded foreign bribery cases there are concerns that there is insufficient enforcement against companies, according to a new report by the OECD Working Group on Bribery.
The 44-country OECD Working Group on Bribery has just completed its Phase 4 evaluation of Germany's implementation of the Convention on Combating Bribery of Foreign Public Officials and related instruments. The report praises Germany's role as one of the highest enforcers of the Anti-Bribery Convention and its pragmatic approach to prosecuting and sanctioning individuals for foreign bribery. This results from the use of a range of related alternative offences and of a variety of proceedings, such as non-prosecution arrangements. The Working Group, however, raises concerns about the low corporate enforcement rate as well as an inconsistent approach to holding companies liable across the different Länder (states) in Germany. The report also notes that the sanctions imposed on both individuals and companies are not always sufficiently deterrent and that whistleblower protection needs to be reinforced.
The Group made a range of recommendations to Germany, including to:
Germany's Phase 4 report was adopted by the OECD Working Group on Bribery on 14 June 2018. The report, available at www.oecd.orghttp://www.oecd.org/corruption/anti-bribery/Germany-Phase-4-Report-ENG.pdf, lists the recommendations the Working Group made to Germany on pages 84-87, and includes an overview of recent enforcement activity and specific legal, policy, and institutional features of Germany's framework for fighting foreign bribery. In accordance with the standard procedure, Germany will submit a written report to the Working Group within two years (June 2020) on its implementation of all recommendations and its enforcement efforts. This report will also be made publicly available.
The report is part of the OECD Working Group on Bribery’s fourth phase of monitoring, launched in 2016. Phase 4 looks at the evaluated country’s particular challenges and positive achievements. It also explores issues such as detection, enforcement, corporate liability, and international cooperation, as well as covering unresolved issues from prior reports.
For further information, journalists are invited to contact Daisy Pelham of the OECD’s Anti-Corruption Division, (+33 1 45 24 90 81). For more information on Germany’s work to fight corruption, please visit http://www.oecd.orghttp://www.oecd.org/corruption/anti-bribery/germany-oecdanti-briberyconvention.htm.
Working with over 100 countries, the OECD is a global policy forum that promotes policies to improve the economic and social well-being of people around the world. |
URL | 查看原文 |
来源平台 | Organization for Economic Cooperation and Development |
文献类型 | 新闻 |
条目标识符 | http://119.78.100.173/C666/handle/2XK7JSWQ/104978 |
专题 | 地球科学 |
推荐引用方式 GB/T 7714 | admin. Germany’s strong anti-bribery enforcement against individuals needs to be matched by comparably strong enforcement against companies. 2018. |
条目包含的文件 | 条目无相关文件。 |
个性服务 |
推荐该条目 |
保存到收藏夹 |
查看访问统计 |
导出为Endnote文件 |
谷歌学术 |
谷歌学术中相似的文章 |
[admin]的文章 |
百度学术 |
百度学术中相似的文章 |
[admin]的文章 |
必应学术 |
必应学术中相似的文章 |
[admin]的文章 |
相关权益政策 |
暂无数据 |
收藏/分享 |
除非特别说明,本系统中所有内容都受版权保护,并保留所有权利。
修改评论