ADB/OECD. The Criminalisation of Bribery in Asia and the Pacific

The Tematic Review (Final Report). — Paris: OECD Publishing, 2011. — 522 p.Criminalisation is a key component of all international anti-corruption instruments. For example, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) and the UN Convention against Corruption (UNCAC) both require States Parties to enact specific criminal offences on bribery. The Asian Development Bank (ADB)/Organisation for Economic Co-operation and Development (OECD) Anti-Corruption Initiative's Action Plan commits countries to ensure the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials. However, criminalisation can be a challenging task, as experienced by many countries Party to the Anti-Bribery Convention. This report reviews the criminalisation of bribery offences in Asian countries under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review focuses on each member's implementation of UNCAC Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons). The review also identifies trends and challenges across the Asia-Pacific region.Main Abbreviations and Acronyms
Executive Summary
Introduction, Scope and Methodology
Overview of the Criminalisation of Bribery in Asia-Pacific
Elements of the Active and Passive Domestic Bribery Offences
Bribery of foreign public officials
Defences
Liability of legal persons for bribery
Jurisdiction to prosecute bribery
Sanctions for bribery
Tools for investigating bribery
Enforcement of bribery offences
Conclusion and recommendations
Annexes
Criminalisation of Bribery in the Initiatives 28 Member Jurisdictions
Australia
Bangladesh
Bhutan
Cambodia
P.R. China
Cook Islands
Fiji Islands
Hong Kong, China
India
Indonesia
Japan
Kazakhstan
Korea
Kyrgyzstan
Macao, China
Malaysia
Mongolia
Nepal
Pakistan
Palau
Papua New Guinea
Philippines
Samoa
Singapore
Sri Lanka
Thailand
Vanuatu
Viet Nam
List of Tables