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Article 12 - Monitoring and Follow-up

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

Monitoring and Follow-up

The Parties shall co-operate in carrying out a programme of systematic follow-up to monitor and promote the full implementation of this Convention. Unless otherwise decided by consensus of the Parties, this shall be done in the framework of the OECD Working Group on Bribery in International Business Transactions and according to its terms of reference, or within the framework and terms of reference of any successor to its functions, and Parties shall bear the costs of the programme in accordance with the rules applicable to that body.

Official Commentaries

Article 12 – Monitoring and Follow-up

The current terms of reference of the OECD Working Group on Bribery which are relevant to monitoring and follow-up are set out in Section VIII of the 1997 OECD Recommendation.They provide for:

  1. i) receipt of notifications and other information submitted to it by the [participating] countries;

  2. ii) regular reviews of steps taken by [participating] countries to implement the Recommendation and to make proposals, as appropriate, to assist [participating] countries in its implementation; these reviews will be based on the following complementary systems:a system of self evaluation, where [participating] countries' responses on the basis of a questionnaire will provide a basis for assessing the implementation of the Recommendation;a system of mutual evaluation, where each [participating] country will be examined in turn by the Working Group on Bribery, on the basis of a report which will provide an objective assessment of the progress of the [participating] country in implementing the Recommendation;

  3. examination of specific issues relating to bribery in international business transactions;. . .

  4. provision of regular information to the public on its work and activities and on implementation of the Recommendation.

Type
Chapter
Information
The OECD Convention on Bribery
A Commentary
, pp. 534 - 576
Publisher: Cambridge University Press
Print publication year: 2013

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References

Aiolfi, G. and Pieth, M. (2002), ‘How to Make a Convention Work: The Organisation for Economic Co-operation and Development Recommendation and Convention on Bribery as an Example of a New Horizon in International Law’ in Fijnaut, C. and Huberts, L. (eds.), Corruption, Integrity and Law Enforcement, Leiden/Boston, 349Google Scholar
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Heimann, F., Dell, G., Sng-Sachsenroeder, A. and Whittier, N. (2005), Transparency International Progress Report: Enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials, 21 January 2005
Low, L. A. (2003) [cited Low 2003b], ‘Milestones in Mutual Evaluation: The Phase 2 Review of the United States under the OECD Anti Bribery Convention’, 5(2) International Law Forum101Google Scholar
Pieth, M. and Lelieur, J. (2007), ‘Strengthening International Coordination and Cooperation’, Expert Meeting of the OECD Anti-Bribery Convention: The Road Ahead, available at
Sands, P. (2004), Principles of International Environmental Law, 2nd edn, CambridgeGoogle Scholar
Tarullo, D. K. (2004), ‘The Limits of Institutional Design: Implementing the OECD Anti-Bribery Convention’, 44 Vanderbilt Journal of International Law665Google Scholar
Tronnes, R. D. (2000), ‘Ensuring Uniformity in the Implementation of the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions’, 33 George Washington International Law Review100Google Scholar
Tyler, A. (2011), ‘Enforcing Enforcement: Is the OECD Anti-Bribery Convention's Peer Review Effective?’, 43 George Washington International Law Review137Google Scholar

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