NEW ZEALAND
must significantly increase its efforts to detect, investigate and
prosecute foreign bribery. Since joining the Convention over 12 years ago, New
Zealand has not prosecuted any cases of foreign bribery and only four
allegations have surfaced to date. Outdated perceptions that New Zealand
individuals and companies do not bribe may have also undermined detection
efforts.
The OECD Working Group on Bribery has just completed its report
on New Zealand’s implementation of the Convention of Combating Bribery of
Foreign Public Officials in International Business Transactions and related
instruments. Recommendations made by the Group to improve New Zealand’s fight
against foreign bribery, include:
++ Broadening the possibilities for
holding companies liable for foreign bribery and ensuring they face significant
sanctions for this crime;
++ Addressing gaps in the Crimes Act regarding
the foreign bribery offence;
++ Strengthening New Zealand’s capacity to
detect, investigate and prosecute foreign bribery through law enforcement
training;
++ Raising greater awareness of the risks of foreign bribery
and of channels for reporting allegations to law enforcement; and
++
Ensuring the non-tax deductibility of all bribe payments, including those paid
through intermediaries.
The report also highlighted positive aspects of
New Zealand’s efforts to fight foreign bribery. New Zealand has broadened the
range of confiscation tools under its legislation and assets derived from
foreign bribery can now be confiscated by the new Police Asset Recovery Unit
without waiting for the outcome of criminal proceedings. It has also adopted a
comprehensive whistleblower protection law and made efforts to encourage and
facilitate whistleblowing. Steps have also been taken to review the framework
for mutual legal assistance to ensure requests for information from foreign
countries are effectively addressed.
The
Working Group on Bribery - made up of the 34 OECD Member countries plus
Argentina, Brazil, Bulgaria, Colombia, Latvia, Russia and South Africa – adopted
New Zealand’s report in its third phase of monitoring implementation of the OECD
Anti-Bribery Convention.
|
