Lesenswert; Überblick zu den Massnahmen einzenler Ländern im Bereich von Korruption.
This is the eighth annual progress report on OECD Convention enforcement by Transparency International. The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted in 1997, requires each signatory country to make foreign bribery a crime. Hier der ganze Bericht:2012_ExportingCorruption_OECDProgress_EN ; am Ende dieses Blogtextes finden Sie zudem den Auszug aus dem Bericht zu „Germany“ und entsprechende Empfehlungen! It is a key instrument for curbing the export of corruption globally because the 39 signatory countries are responsible for two-thirds of world exports and three-quarters of foreign investment. The OECD Working Group on Bribery conducts a follow-up monitoring programme which reviews the parties’ implementation of the Convention’s provisions. Nine to ten country reviews are issued each year. Our annual progress reports represent an independent assessment of the status of OECD Convention enforcement, based on reports from our national chapters in 37 OECD Convention countries (excluding Iceland and Russia). Countries are classified in four enforcement categories this year: Active, Moderate, Little and No enforcement.
Germany:
Foreign bribery cases or investigations: There have been 176 cases of foreign bribery since entry into force of the Convention in Germany, with 15 of those cases being initiated in 2011, and there are currently 43 ongoing investigations. In 2011, the number of concluded cases was 20, of which five were convictions and 15 were terminations. The Munich Prosecutor’s Offi ce charged a former board member of Siemens AG in June 2011 with
breach of trust for alleged bribery payments made to win a project in Argentina. The company allegedly paid at least US $27 million to government representatives through middlemen to secure a project to produce identification cards in the 1990s. In May 2011, a Munich court dropped a case against the most senior Siemens executive to stand trial, due to insufficient evidence to support charges of tax evasion and failure to notice improper practices in areas under his control. Two former executives of Ferrostaal AG were charged by the Munich Prosecutor’s submarines between 2000 and 2007. The trial of the two executives and of the company as a “lateral participant” began in December 2011, and Ferrostaal reportedly agreed to pay D149 million (US $193 million) to settle the case. In December 2011, the company also reportedly agreed to pay D10 million (US $13 million) to settle charges of bribery related to the construction of a compressor station in Turkmenistan. Philips Electronics is under investigation by German authorities, and reportedly a raid was carried out on its Hamburg office in February 2011. (The investigation is reportedly unrelated to the prosecution of three former Philips
employees in Poland in connection with sales of medical equipment to hospitals.) The Ravensburg Prosecutor’s Office reportedly launched an investigation in October 2011 into Tognum AG (in which Rolls-Royce PLC and Daimler AG jointly acquired a 97 per cent stake in June 2011). The inquiry reportedly relates to commission payments of
about D23 million (US $30 million) that may have been wrongfully paid in connection with defence contracts in South Korea in the period 2000-2011.81 An investigation of the CEO of Deutsche Telekom for alleged bribery by the company’s Hungarian subsidiary in Macedonia and Montenegro was reportedly dropped by the Bonn prosecutor in
January 2011. In December 2011, Deutsche Telekom and its subsidiary Magyar Telekom paid a settlement fine of US $95 million to US authorities in connection with the case.
Recent developments: The OECD Working Group on Bribery Phase 3 Report on Germany in March 2011 expressed concern that the level of sanctions applied to both legal and natural persons may not always be fully effective, proportionate and dissuasive. The examiners commended Germany for strengthening and clarifying the obligation
of tax authorities to report suspected acts of bribery. The GRECO Compliance Report of December 2011 found that of the 20 recommendations made in the Third Round Evaluation Report, Germany had implemented or addressed only four, noting concern over limits in the criminalisation of bribery of foreign and international offi cials. Recommendations: Ensure adequate protection for whistleblowers. Introduce criminal liability of legal persons and ensure dissuasive sanctions against companies, as well as against individuals. Establish a central register for the purpose of debarring corrupt companies from public contracts. Ratify the UN Convention against Corruption.
