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ADB/OECD Anti-Corruption Initiative for Asia and the Pacific:

Frameworks and Practices in 28 Jurisdictions. Thematic Review – Final Report. Asian Development Bank

This report reviews the criminalisation of bribery offences in Asian countries under the UNCAC. Drawing on the experience of the OECD Anti-Bribery Convention's monitoring mechanism, the review focuses on each member's implementation of UNCAC Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons). The review also identifies trends and challenges across the Asia-Pacific region.

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Criminalisation is a key component of all international anti-corruption instruments. For example, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) and the UN Convention against Corruption (UNCAC) both require States Parties to enact specific criminal offences on bribery. The Asian Development Bank (ADB)/Organisation for Economic Co-operation and Development (OECD) Anti-Corruption Initiative's Action Plan commits countries to ensure ‘the existence of legislation with dissuasive sanctions which effectively and actively combat the offence of bribery of public officials’.

As with previous Thematic Reviews, this report consists of two parts.

The first is an overview of the trends and issues in criminalisation of bribery in Asia and the Pacific. This cross-country analysis allows comparison of the different approaches among different members on specific issues. By identifying common challenges across the membership, the Initiative can design its future capacity-building activities to address these matters.

The second part consists of individual reports on each of the Initiative’s 28 members. Each report analyses a member’s approach to criminalising bribery, identifying both strengths and areas for improvement.

Contents

Main Abbreviations and Acronyms

Executive Summary

Introduction, Scope and Methodology

Part I Overview of the Criminalisation of Bribery in Asia-Pacific

1. Elements of the Active and Passive Domestic Bribery Offences

2. Bribery of foreign public officials

3. Defences

4. Liability of legal persons for bribery

5. Jurisdiction to prosecute bribery

6. Sanctions for bribery

7. Tools for investigating bribery

8. Enforcement of bribery offences

9. Conclusion and recommendations .

Annex 1 Excerpts from UNCAC (Articles 15 and 16); OECD Anti-Bribery Convention Articles 1-3

Annex 2 Summary of Maximum Sanctions for Domestic Bribery in the Initiative’s Members

Part II Criminalisation of Bribery in the Initiative’s 28 Member Jurisdictions

Australia

Bangladesh

Bhutan

Cambodia

P.R. China

Cook Islands

Fiji Islands

Hong Kong, China

India

Indonesia

Japan

Kazakhstan

Korea

Kyrgyzstan

Macao, China

Malaysia

Mongolia

Nepal

Pakistan

Palau

Papua New Guinea

Philippines

Samoa

Singapore

Sri Lanka

Thailand

Vanuatu

Viet Nam

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