THE OECD Working Group on Bribery has released report on Austria's application of the Convention on Combating Bribery of Foreign Public Officials and related instruments, Netherlands' implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and related instrument and Spain's implementation of the Convention of Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments.

Austria's framework faces some problems for making companies responsible for bribing foreign public officials and potential obstacles to effective investigations focussing on how effectively its laws cover the bribery of foreign public officials through foreign agents abroad; Increase fines for companies convicted of foreign bribery, which currently cannot exceed EUR 1.3 million; and improve foreign bribery investigations by reducing impediments to accessing bank records, and by increasing the use of tax information. The report also highlights positive aspects of Austria's efforts to fight foreign bribery.

The Netherlands has failed to vigorously pursue foreign bribery so focus has been on efforts to improve its enforcement of foreign bribery in the course of its regular monitoring. It will also closely monitor developments concerning the effective investigation and prosecution of ‘mailbox companies' companies incorporated in the Netherlands but pursuing their activities entirely from abroad which have been the subject of a number of foreign bribery allegations. The Group made further recommendations to improve the Netherlands' fight against foreign bribery, including to proactively investigate foreign bribery cases concerning Dutch individuals or companies, including where other jurisdictions may be involved; provide adequate resources to Dutch law enforcement authorities to more effectively investigate and prosecute foreign bribery; Promptly increase the level of financial sanctions for legal persons, as currently envisaged in draft legislation.

Spain's enforcement of its foreign bribery laws has been extremely low The report calls on Spain to complete the reform of its Penal Code by consolidating or harmonizing its separate offences for the bribery of foreign public officials and for the bribery of European officials, and by removing the exception for State-owned enterprises in the Penal Code's framework for holding companies liable for foreign bribery. The Working Group recommends that Spain pursue its stated commitment to further amend its Penal Code to bring it into line with the Convention; Harmonise the scope of its foreign bribery offence, the level of sanctions and the period of limitations for the bribery of all foreign public officials, whether European or not; Clarify that the introduction of due diligence controls by a company cannot be used to escape corporate liability.