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Articles 13–17 - Final Provisions

from Part II - Commentary

Published online by Cambridge University Press:  05 March 2015

Nicola Bonucci
Affiliation:
OECD
Mark Pieth
Affiliation:
Universität Basel, Switzerland
Lucinda A. Low
Affiliation:
Steptoe and Johnson LLP
Nicola Bonucci
Affiliation:
OECD
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Summary

Signature and Accession

Until its entry into force, this Convention shall be open for signature by OECD members and by non-members which have been invited to become full participants in its Working Group on Bribery in International Business Transactions.

Subsequent to its entry into force, this Convention shall be open to accession by any non-signatory which is a member of the OECD or has become a full participant in the Working Group on Bribery in International Business Transactions or any successor to its functions. For each such non-signatory, the Convention shall enter into force on the sixtieth day following the date of deposit of its instrument of accession.

Official Commentaries

Article 13 – Signature and Accession

The Convention will be open to non-members which become full participants in the OECD Working Group on Bribery in International Business Transactions. Full participation by non-members in this Working Group is encouraged and arranged under simple procedures. Accordingly, the requirement of full participation in the Working Group, which follows from the relationship of the Convention to other aspects of the fight against bribery in international business, should not be seen as an obstacle by countries wishing to participate in that fight. The Council of the OECD has appealed to non-members to adhere to the 1997 OECD Recommendation and to participate in any institutional follow-up or implementation mechanism, i.e., in the Working Group. The current procedures regarding full participation by non-members in the Working Group may be found in the Resolution of the Council concerning the Participation of Non-Member Economies in the Work of Subsidiary Bodies of the Organisation, C(96)64/REV1/FINAL. In addition to accepting the Revised Recommendation of the Council on Combating Bribery, a full participant also accepts the Recommendation on the Tax Deductibility of Bribes of Foreign Public Officials, adopted on 11 April 1996, C(96)27/FINAL.

Type
Chapter
Information
The OECD Convention on Bribery
A Commentary
, pp. 577 - 608
Publisher: Cambridge University Press
Print publication year: 2013

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References

Aust, A. (2000), Modern Treaty Law and Practice, CambridgeGoogle Scholar
Dalton, R. E. (1999), ‘National Treaty Law and Practice: United States’ in Leigh, M., Blakeslee, M. R. and Ederington, L. B. (eds.), National Treaty Law and Practice (Austria, Chile, Japan, Netherlands and the US), Washington DC, available at Google Scholar
Horn, F. (1988), Reservations and Interpretative Declarations to Multilateral Treaties, Amsterdam/Oxford/North-HollandGoogle Scholar
Metcalfe, D. (2000), ‘The OECD Agreement to Criminalize Bribery: A Negotiation Analytic Perspective’, 5 International Negotiation129CrossRefGoogle Scholar

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