OECD Anti-Bribery Convention

Model Diplomat Research Team · Last reviewed June 22, 2026

TL;DR

A 1997 OECD treaty obligating parties to criminalize the bribery of foreign public officials in international business transactions.
How is the Convention enforced if the OECD has no court?
Does the Convention cover bribery of political parties or private-sector bribery?
Can companies be held liable, not just individuals?

Updated June 22, 2026

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Timeline

21 November 1997
The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted by the OECD on and entered into force on…
15 February 1999
The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted by the OECD on 21 November 1997 and entere…

Research it like a delegate

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In 2020, Airbus reached a €3.6 billion coordinated settlement with French, UK, and US authorities for foreign bribery — a case repeatedly cited by the OECD Working Group on Bribery as a model of multi-jurisdictional enforcement under the Convention.

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Timeline

21 November 1997

The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted by the OECD on and entered into force on…

15 February 1999

The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted by the OECD on 21 November 1997 and entere…

Research it like a delegate

The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted by the OECD on 21 November 1997 and entered into force on 15 February 1999. It is the first and still the principal international anti-corruption instrument that focuses specifically on the supply side of transnational bribery — the companies and individuals who pay bribes rather than the officials who receive them.

Parties commit to:

Make it a criminal offence under domestic law to offer, promise, or give an undue advantage to a foreign public official to obtain or retain business.
Impose effective, proportionate, and dissuasive sanctions on natural and legal persons, including monetary penalties comparable to those for domestic bribery.
Establish jurisdiction over offences committed in their territory and, where consistent with domestic law, over acts committed abroad by their nationals.
Provide mutual legal assistance and not refuse extradition on grounds of bank secrecy.
Outlaw the tax deductibility of bribes (reinforced by a 1996 OECD Council Recommendation and the 2009 Recommendation).

The Convention is enforced through the OECD Working Group on Bribery (WGB), which conducts rigorous peer review in successive phases (Phase 1 on legislation, Phase 2 on implementation, Phase 3 and Phase 4 on enforcement and cross-cutting issues). Country reports are public and have prompted significant legislative changes — for example reforms in the United Kingdom leading to the Bribery Act 2010, and amendments to Germany's and Japan's criminal codes.

Membership includes all OECD states plus several non-members (such as Argentina, Brazil, Bulgaria, and South Africa). The United States, whose Foreign Corrupt Practices Act of 1977 (FCPA) inspired the treaty, remains the most active enforcer, though France, Germany, and the UK have produced major cases. The Convention is complemented by the 2021 Anti-Bribery Recommendation, which updates standards on whistleblower protection, non-trial resolutions, and corporate liability.

Frequently asked questions

How is the Convention enforced if the OECD has no court?

Through peer review by the Working Group on Bribery. Each party undergoes successive phases of monitoring, and follow-up reports publicly assess whether recommendations have been implemented — a 'naming and shaming' mechanism rather than judicial sanction.

Does the Convention cover bribery of political parties or private-sector bribery?

No. Its scope is limited to bribing foreign public officials in international business. Bribery of political parties, party officials, and commercial bribery are addressed by other instruments such as the UN Convention against Corruption (UNCAC) and the Council of Europe Criminal Law Convention on Corruption.

Can companies be held liable, not just individuals?

Yes. Article 2 requires parties to establish the liability of legal persons for foreign bribery, although states may choose criminal, civil, or administrative liability depending on their legal traditions.