(ORGANISATION FOR ECONOMIC COOPERATION AND DEVELOPMENT)

OECD CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS WORKING GROUP ACTIVITIES

OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was signed by our country on 17/12/1997 and the signature was adopted by the law No. 4518 and dated 01/02/2000 and thus our Country became a party to the Convention.

 Pursuant to this Convention, “Working Group Against Bribery” was established and it started inspecting relevant legislations as well as administrative and legal arrangements regarding such crimes of the states parties.

Within this framework, the 1st Phase Inspection of our Country was made on 11-13 February 2007 and in the Turkey Report adopted as a result of inspection, our legislation was found to be in line with Convention with a recommendation to correct some deficiencies.

The 2nd Phase Inspection was started with on-site inspection on 07-11 May 2007 and ended with the Working Group meeting on 04-07 December 2007. Since the deficiencies found during the first inspection were not corrected, the Working Group decided that the 2nd Inspection be repeated for our Country.

As a result, with the letter of the Prime Ministry’s Office, Department of Foreign Relations dated 04.02.2008, the duty of coordination was assigned to the Ministry of Justice, General Directorate of International Law and Foreign Relations.

Within this framework, the OECD Secretariat and representatives of the leading inspector country paid on-site visits to Ankara and İstanbul on 19-21 January 2009. A great number of representatives from public and private sector, employees and employers and NGOs participated and the works carried out were welcomed by OECD representatives and as a result, Turkey prepared the 2nd Phase Inspection Report.

The report prepared about our Country was discussed at the OECD Headquarters during the meeting of the Working Group Against Bribery on 16-19 June 2009 and Turkey was reported to be the country which made the most progress among the inspected countries and Turkey’s cooperative approach with the OECD Secretariat was also a good example for others to follow.

In the Report, Turkey’s efforts and works were welcomed and recommendations were made on three issues. The first one was about Turkey’s providing information on investigations about foreign bribery and such investigations’ being initiated directly by Public Prosecutors; the second one was about the swift adoption of the draft bill which was on the agenda of TGNA (Turkish Grand National Assembly)  and which provides for administrative fines to legal persons and the third one was about increasing awareness raising activities including those towards SMEs (small and medium sized enterprises).

The bill was adopted by TGNA (Turkish Grand National Assembly) and entered into force on 09 July 2009 and as such the administrative fines from 10 thousand Turkish Liras to 2 million Turkish Liras would be imposed on Legal Persons involved in bribery.

In other meetings held in 2010, Turkey provided information about ongoing investigations on bribery offences.

In the 3rd Phase Inspections focusing on effective implementation of legal arrangements against bribery, the inspection dates for Turkey were set as September 2013 (answering the written questions), October 2013 (o-site inspection visit) and March 2014 (discussing the 3rd Phase Inspection Report in the Working Group).

On the other hand, our Country has been projected to pay visits as an “Inspecting Country” to Slovakia (December 2011 – June 2012) and Poland (December 2012 – June 2013) at the 3rd Phase Inspections of these countries.

 
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