AS per OECD Working Group Report, Russia is yet
to pay attention to key provisions
of the OECD Anti-Bribery Convention, which entered into force in Russia in
April 2012. It has not yet fully implemented recommendations for strengthening
its framework for combating foreign bribery and should be more proactive
in detecting, investigating and prosecuting foreign bribery cases.
The OECD Working Group on Bribery has just completed its second report on Russia's
implementation of the Convention of Combating Bribery of Foreign Public Officials
in International Business Transactions and related instruments. The report
urges Russia to adopt appropriate legislation against foreign bribery as a
matter of high priority. In particular, the report recommends that Russia:
- Expand
the scope of its foreign bribery offence so that it applies to all of the
cases covered by the OECD Anti-Bribery Convention;
- Further strengthen
its recently instituted framework for holding companies liable for foreign
bribery;
- Take steps
across law enforcement and related agencies to implement a proactive approach
to detecting, investigating and prosecuting foreign bribery offences and
related accounting offences;
- Take measures
to allow for the seizure and confiscation of the bribe and its proceeds
in proceedings against natural and legal persons and improve coordination
and accountability among law enforcement authorities; and,
- Raise the
profile of foreign bribery in its anti-corruption efforts, specifically
targeting Russian individuals and companies operating internationally.
The
Working Group also highlighted positive aspects of Russia's efforts to fight
foreign bribery, including the explicit disallowance of the tax deductibility
of bribes to foreign public officials. Russia also recently passed a statutory
requirement for companies in Russia to have anti-corruption measures in place
and has assisted other Parties to the Anti-Bribery Convention in their investigations
of foreign bribery.
Russia will make a special written follow-up report to the Working Group on
its actions to implement the Working Group's recommendations before the end
of 2014.
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