On August 24, 2016, the OECD Working Group on Bribery published its draft report for consultation on the liability of legal persons for foreign bribery. By “legal persons,” the paper refers to organizations (e.g. corporations) that have legal rights and legal obligations, such as that under the Anti-Bribery Convention to respect laws prohibiting foreign bribery. The parts of the Convention concerning the “liability of legal persons” thus aim to ensure that business organizations, not just individuals, can be held responsible for foreign bribery.
The objective of the draft report is to map the features of the 41 Anti-Bribery Convention Parties’ systems of liability of legal persons. The OECD Working Group has mapped these systems based on roughly 200 monitoring reports. The Working Group is seeking feedback on areas such as the nature of liability, the legal basis for liability, the types of entities covered, the standard of liability and jurisdictional issues. The Working Group is seeking feedback by October 28, 2016.
The draft report is available at: http://www.oecd.org/daf/anti-bribery/Liability-Legal-Persons-Foreign-Bribery-Stocktaking.pdf.