FOREIGN TRIP REPORT BACK TEMPLATE
Subject: / OECD WORKING GROUP ON BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONSDate: / 08 – 11 OCTOBER 2013
Drafter: / Ms S.A. MATSHEGO
Venue: / OECD HEAD QUARTERS - PARIS
Introduction
1. South Africa acceded to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention) in August 2007. South Africa therefore, became a full member of the Working Group on Bribery of Foreign Public Officials in International Business Transactions (Working Group), which meets four times a year to monitor steps taken by States Parties to implement and enforce the OECD Convention.
2. The third WGB meeting of 2013 was held from 08 – 11 OCTOBER 2013.
3. This report outlines matters discussed by the WGB and specific issues affecting South Africa.
Purpose of the meeting
As indicated on the paragraph above, the Working Group meets quarterly and there are two standing items on the agenda which form the core business and the basis of existence for the Working Group as indicated below:
4. Mutual evaluation of progress made by members of the Working Group in implementing and enforcing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 2009 Recommendation. The WGB evaluates and accepts country reports on the implementation of the Anti-Bribery Convention. These include evaluation reports, oral follow-up reports, and written follow-up reports. Many of these reports do not necessarily have direct implications for South Africa or the DPSA in particular. It is expected that South Africa participates in these meetings as a member of the WGB. The Country also reviews other parties and therefore, needs to be present in the meetings of the Working Group (sometimes as a reviewer).
5. Evaluation of progress made in the investigation and prosecution of foreign bribery cases as reflected on the WGB matrix of foreign bribery cases. In this instance a quarter of the members of the Working Group reports on their cases once in a year, unless there is a specific issue that a member country would like to bring to the attention of other members.
6. Administrative and Miscellaneous issues: The WGB addresses issues relating to the administration and proper running of the Group. When there are specific issues relating to the Country there might also be side meetings to address such.
Summary of Key issues, Discussions and Observations
7. Self and Mutual evaluation of the implementation of the Convention:
Article 12 of the Convention provides for the rigorous and systematic follow-up to monitor and promote the full implementation of the Convention by each party. To ensure effective monitoring, the Working Group has developed a three phase evaluation procedure.
· Phase 1 reviews whether the country’s laws conform to the requirements of the Convention.
· Phase 2 reviews whether the laws are effectively enforced in practice. The scope of the monitoring includes non-criminal law aspects e.g. evaluation of programs implemented by the country to prevent and detect corruption.
· Thepurpose of Phase 3is to maintain an up-to-date assessment of the structures put in place by Parties to the OECD Anti-Bribery Convention to enforce the laws and rules implementing the Convention and the 2009 Recommendations.
7.1 Phase 2 evaluation of Russia
Phase 2 report of Russia was discussed and adopted.
7.2 Phase 3 reports:
Phase 3 reports pertaining to New Zealand and Belgium were discussed and accepted by the Working Group.
7.3 Follow-up reports
After the release of the evaluation report, the evaluated country is expected to make an oral report on progress made in implementing the recommendations of the WGB after a period of 12 months. In line with this procedure France was invited to make an oral report on implementation of phase 3 recommendations relating to the offence, sanctions, and new directions in criminal justice policy recently adopted.
After a period of 24 months, the evaluated party should make the written follow-up report. Finland was invited to make an additional written follow-up report after the Working Group found that 12 recommendations were found not to have been implemented during their reporting period.
8. Countries that would like to accede to the Convention are also given an opportunity to brief the Working Group with developments in their countries regarding developments in combating foreign bribery. Indonesia, Peru, and Thailand provided reports in this regard.
9. Matrix of foreign bribery cases: As indicated above, a quarter of the WGB reports on the investigation and prosecution of foreign bribery cases. South Africa was not reporting on this issue and did not make notification on any of its cases on the matrix.
10. Administrative issues
10.1 Election of the Management Committee: Members need to prepare for the elections of the Management Committee which will take place during the December meeting.
10.2 Preview of the December meeting: It was decided that due to the tight schedule for December meeting (eight country reports scheduled), four of the reports will be postponed to March 2014. This position might affect South Africa as one of the countries scheduled for the discussion of its phase 3 report. The decision will however, be taken in consultation with the affected countries.
There will be a meeting with civil society and the private sector in December. Issues to be considered for the meeting include stock-taking of the past 15 years of the Convention, and farewell function for the outgoing chairperson. The media will be invited to the meeting as a way of further raising awareness on the Anti-Bribery Convention.
10.3 The Global Relations Strategy was discussed in detail and the Secretariat will prepare a document for final discussion in the December meeting.
11. Miscellaneous issues
Reports were provided on:
· Technical delegation to Japan;
· Initiative to raise global awareness of foreign bribery;
· Progress on the DAC update to the 1996 recommendation; and
· The G20 Anti-Corruption Working Group.
Decisions and Recommendations
12. Phase 3 Review of South Africa
A draft phase 3 report of South Africa has been issued and distributed to relevant stakeholders for inputs and comments. The report will be discussed in the December meeting of the WGB.
13. Global Relations Strategy
South Africa has agreed to host the second Regional Experts’ meeting in 2013 for the Joint Initiative between OECD and African Development Bank to promote integrity. In the discussion held with the Secretariat, it was decided that because of lack of readiness on the side of other stakeholders, the meeting be postponed to March 2014.
14. Matrix of foreign bribery cases: South Africa is expected to provide progress report on cases on the matrix. The SAPS usually provides those reports on behalf of the country.
Lessons learnt and Emerging issues
None.
Implications for the DPSA/MPSA
15. Phase 3 evaluation report of South Africa will be discussed in the December meeting. The meeting will be held on 10 – 13 December 2013.
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IAA 29 May 2013