Negotiations in the Council of Europe and the OECD regarding action against corruption

In the context of negotiations in international organisations on measures to combat fraud, the Member States signed the Council of Europe Criminal Law Convention on Corruption and the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the OECD (Organisation for Economic Cooperation and Development). With this common position the Council of the European Union is seeking to avoid unnecessary duplication between the two international instruments drawn up in the Council of Europe and the OECD and to ensure compatibility with the work carried out in the European Union.

ACT

Common Position 97/661/JHA of 6 October 1997 defined by the Council on negotiations in the Council of Europe and the OECD relating to corruption.

SUMMARY

Member States will support the drawing up of appropriate international instruments providing for bribery of foreign officials and officials of international organisations to be made a criminal offence. Without prejudice to questions of jurisdiction the offence should cover corruption with regard to any State or international organisation.

Member States will ensure that the provisions of the instruments drawn up in the Council of Europe and the OECD are compatible with instruments drawn up between them, in particular with regard to judicial assistance, extradition, combating corruption and the protection of the Community's financial interests.

In negotiations in the Council of Europe and the OECD relating to corruption, Member States, will as far as is practicable, coordinate their positions, at the Presidency's initiative, and seek to arrive at common standpoints on all issues which have significant implications for the interests of the European Union. The Commission will be fully associated with this work.

RELATED ACTS

Second joint position (97/783/JHA) on the basis of Article K.3 of the Treaty on European Union on negotiations held in the Council of Europe and the OECD on the fight against corruption [Official Journal L 320 of 21.11.1997]. On 13 November 1997 the Council adopted a Second joint position (97/783/JHA).

This joint position clarifies the position of the Member States in the deliberations in the Council of Europe and the OECD on the draft OECD convention on the fight against corruption.

The Member States' position concerns:

• the scope of the draft OECD convention;
• the definition of "foreign public official" in the draft OECD convention;
• the inclusion of the concept of influence peddling in the future Council of Europe convention;
• the introduction in the two conventions of rules on jurisdiction ensuring an equivalent level of commitment for all State parties in the suppression of acts of active corruption;
• the establishment of an effective monitoring mechanism in the two conventions.

See also

For further information, see the following websites:

• OECD: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;
• Council of Europe Criminal Law Convention on Corruption .

Last updated: 25.10.2005