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ESTONIA LITTLE OR NO ENFORCEMENT: No cases or investigations. Share of world exports is 0.1 per cent. Foreign bribery cases or investigations: No cases or investigations. Domestic bribery by foreign companies: No cases or investigations. Inadequacies in legal framework: As noted in the Phase 2 and Phase 2 Follow-up Reports on Estonia, the statute of limitations for giving or arranging a bribe or a gratuity is fi ve years from the commission of the offence to the date of conviction and ten for aggravated offences and the making of an mutual legal assistance request does not interrupt or suspend the limitation period. The review <strong>reports</strong> also noted the inadequacy of criminal sanctions for arranging a bribe (i.e., serving as an intermediary) which are considerably less for bribing, with a maximum one year imprisonment. Maximum sanctions for false accounting were also considered inadequate. 118 Inadequacies in enforcement system: Though the system has yet to be tested by any cases or investigations, areas such as prosecutorial independence, reporting requirements and false accounting regulations need more attention. There is also a lack of government awareness-raising efforts. As the adoption of the draft act mentioned below has been postponed indefi nitely, the protection of whistle-blowers remains problematic. In any event, the act would not extend to private sector whistle-blowers. Also, the requirement for making special investigative techniques available for all cases of foreign bribery has not been fully implemented. Legal framework and enforcement system regarding subsidiaries, agents and other intermediaries: The corporate liability regime in Estonia allows for a parent company to be held liable for all acts committed by its authorised representatives, whether acting on behalf of the company or in the interest of the company. Agents can in certain cases be prosecuted under Penal Code § 296 for arranging a bribe, while the parent company can be charged under § 294. As mentioned above, arranging bribes is punishable with only up to one year’s imprisonment, and as such special investigative techniques are not permitted for the investigation. The draft Anti-Corruption Act (ACA) currently pending in the Parliament would change the qualifi cation of acts committed through an intermediary, making special investigative techniques available for this offence. Estonian law does not expressly cover cases of foreign bribery via the use of intermediaries. However, implicit coverage has been demonstrated in domestic case law, preparatory works and Parliamentary discussions. 119 Recent developments: A new government regulation issued in January 2010 states that applicants for Ministry of Foreign Affairs funding for development assistance projects abroad will be deemed ineligible if they have been previously punished for administrative crimes, including bribery. Despite signifi cant cuts in training budgets for judges and prosecutors in 2010, some training was provided and additional seminars are scheduled to take place in 2011. Amendments to the Prosecutor’s Offi ce Act have been submitted to the Parliament to increase the independence of prosecution. Sanctions and special investigative techniques concerning acts committed through intermediaries are redefi ned in the draft ACA currently pending in the Parliament. However, due to a lack of political will, it has not been adopted. The draft act is likely to be dropped from the legislative agenda due to Parliamentary elections taking place in March 2011 and termination of the term of authority of the Parliament. Envisaged changes in the public sector whistle-blower regime are unlikely to be introduced for the same reason. Recommendations: Adopt the draft ACA. Provide practical assistance and training for the private sector as well as for auditing personnel. Provide police offi cials and prosecutors with training on more sophisticated forms of corruption, such as corrupt acts committed using intermediaries. Improve whistle-blower regulations and put in place clear reporting channels in high-risk areas such as health care and taxation. OECD’s Phase 2 Follow-up Report on Estonia of October 2010 called for increased awareness-raising in both the public and private sectors as well as focused training of public offi cials, including tax offi cials and prosecutors. 118 OECD Working Group on Bribery, Phase 2 Report on Estonia, June 2008 http://www.oecd.org/dataoecd/60/57/40953976.pdf ; OECD Working Group on Bribery, Phase 2 Follow up Report on Estonia, October 2010, http://www.oecd.org/dataoecd/13/57/46155745.pdf 119 OECD Working Group on Bribery, October 2009, “Typologies on the Role of Intermediaries in International Business Transactions” http://www.oecd.org/dataoecd/40/17/43879503.pdf 30 Transparency International
FINLAND MODERATE ENFORCEMENT: Six cases and three investigations. Share of world exports is 0.5 per cent. Foreign bribery cases or investigations: There have been six cases and there are currently three investigations in Finland. There are two pending cases, one involving the company Wärtsilä Finland Oy and the other involving state-controlled arms company Patria Vammas Oy (see box below). In the case involving Wärtsilä Finland Oy, the company’s 2010 annual report stated that the public prosecutor in Finland had brought charges in May 2009 against a former senior manager for aggravated bribery in relation to a consulting agreement. 120 According to other company statements this was connected with a 1997 power plant tender in Kenya and its delivery in 2001. 121 In October 2009, the public prosecutor further fi led an ancillary demand for a corporate fi ne from Wärtsilä as a result of the charges against the former senior manager. The case was heard before the Mustasaari District Court in November 2009. By its decision on 18 December 2009, the District Court dismissed all charges against the individual (on statute of limitations grounds) as well as the demands against Wärtsilä Finland Oy. In February 2010, the public prosecutor fi led an appeal with the Vaasa Court of Appeals, and in September 2010 that court referred the case back to the District Court for reasons of procedural law. In November 2010, the former senior manager and Wärtsilä Finland Oy submitted a petition for leave to appeal the Court of Appeals’ decision to the Supreme Court. 122 PATRIA VAMMAS OY Five former employees of the defence company Patria Vammas Oy (which in 2005 was renamed Patria Weapon Systems Oy, and in 2008 merged into Patria Land & Armament Oy) and a citizen of Egypt are the defendants in an on-going major criminal case, including charges of aggravated bribery and accounting offences in 1999-2007. 123 The charges concern a technology transfer agreement entered into between Patria Vammas Oy and a company affi liated with the Egyptian Ministry of Military Production in 1999 for production in Egypt of certain artillery developed in Finland. The prosecutor general claims there is probable cause to suspect that representatives of Patria gave signifi cant bribes to Egyptian offi cials, that an Egyptian agency was used in the alleged bribery and that the bribes were disguised in the fi rm’s accounting by means of fake invoices. 124 The penalties sought are a corporate fi ne of D100,000 (US $140,000) for Patria Land and Armament Oy and imprisonment for the former employees. 125 The case was expected to proceed in March 2011. However, according to the prosecutor general, the Egyptian prosecutor general denied a Finnish request for mutual legal assistance. 126 Two further investigations of Patria have been reported, in relation to sales contracts in Slovenia and Croatia. The Slovenian investigation concerns alleged bribes to politicians, including a former prime minister, in a D280 million (US $400 million) deal in 2006 to supply armoured vehicles to the Slovenian army. 127 The former prime minister, now a member of Parliament, was indicted in Slovenia in September 2010 and his Parliamentary immunity was lifted by the Slovenian Parliament in October 2010. In January 2011, Finnish police were reported to have said that they were expanding their investigation into Patria group’s arms sales in Croatia. 128 The National Bureau of Investigation said the investigation concerned money that was allegedly handed out to Croatian offi cials in 2007 in connection with sales of armoured vehicles then valued at D112 million (US $160 million). The Croatian Interior Ministry reportedly said it was also conducting an investigation. 129 123 124 125 126 127 128 129 120 Wärtsilä Annual Report 2010, http://www.annualreport2010.wartsila.com/en/sustainability/personnel-and-social-performance/preventing-corruption-and-bribery 121 Wärtsilä Press Release, 18 December 2009; Wärtsilä Press Release, 22 September 2010. 122 Wärtsilä Annual Report 2010, http://www.annualreport2010.wartsila.com/en/sustainability/personnel-and-social-performance/preventing-corruption-and-bribery 123 OECD Working Group on Bribery, Phase 3 Report on Finland, October 2010, http://www.oecd.org/dataoecd/59/30/46212643.pdf 124 Announcement of the Prosecutor General, 23 June 2010, http://www.vksv.oikeus.fi /Etusivu/Ajankohtaista/Tiedotteet/1274105704144/pagename/Page/Tiedote 125 Ibid. 126 Ibid. 127 Novice Dnevnik, 16 December 2009, “Afera Patria: Obtožni predlog zoper Erjavca in Gutmana zaradi nevestnega dela”, http://www.dnevnik.si/tiskane_izdaje/dnevnik/1042323677 128 The Wall Street Journal Blogs, 4 January 2011, Finland Expands Patria Bribery Investigation into Croatia Sales, http://blogs.wsj.com/corruption-currents/2011/01/04/fi nland-expands-patria-bribery-investigation-into-croatia-sales/ 129 Ibid. Progress Report 2011: Enforcement of the OECD Anti-Bribery Convention 31
Page 1: www.transparency.org
Page 4 and 5: FOREWORD The key fi nding of TI’s
Page 6 and 7: II. ORGANISATION AND METHODOLOGY Th
Page 8 and 9: COUNTRY-SPECIFIC FINDINGS US and Ge
Page 10 and 11: TABLE A: FOREIGN BRIBERY ENFORCEMEN
Page 12 and 13: IV. FINDINGS ON SPECIFIC ISSUES Thi
Page 14 and 15: LEGAL FRAMEWORK AND ENFORCEMENT SYS
Page 16 and 17: V. REPORTS ON ENFORCEMENT IN OECD C
Page 18 and 19: Legal framework and enforcement sys
Page 20 and 21: deal. 25 The Anti-Corruption Prosec
Page 22 and 23: to win EU framework contracts to as
Page 24 and 25: A local newspaper reported in Octob
Page 26 and 27: gift or another undue advantage, bu
Page 28 and 29: Recommendations: Adopt nationality
Page 30 and 31: offi ce were present during the que
Page 34 and 35: Another case, which has reportedly
Page 36 and 37: in the water and power sector earli
Page 38 and 39: A former executive of German truck
Page 40 and 41: the bill lapsed. In terms of whistl
Page 42 and 43: Telekom. 197 Additionally, a Wikile
Page 44 and 45: public international organisations
Page 46 and 47: Recommendations: Require public com
Page 48 and 49: Recommendations: Introduce criminal
Page 50 and 51: Inadequacies in legal framework: Sa
Page 52 and 53: of the administrative, fi nancial a
Page 54 and 55: NEW ZEALAND LITTLE OR NO ENFORCEMEN
Page 56 and 57: POLAND LITTLE OR NO ENFORCEMENT: No
Page 58 and 59: are not treated as a suffi ciently
Page 60 and 61: Domestic bribery by foreign compani
Page 62 and 63: Inadequacies in legal framework: Th
Page 64 and 65: dropped due to lack of evidence and
Page 66 and 67: that the American-Swiss electrical
Page 68 and 69: Recommendations: Public prosecutors
Page 70 and 71: lawyers is reportedly seeking to re
Page 72 and 73: and SEC, Technip agreed to pay US $
Page 74 and 75: Inadequacies in enforcement system:
Page 76 and 77: prosecution agreement with the DOJ,
Page 78 and 79: 3. CUSTOMS PROCESSING FOR OIL AND G
Page 80 and 81: ledger accounts or “internal thir
Page 82 and 83:
APPENDIX A 2011 OECD PROGRESS REPOR
Page 84 and 85:
APPENDIX B 2011 QUESTIONNAIRE FOR N
Page 86 and 87:
2 CONCLUDED CASES For each conclude
Page 88 and 89:
III. LEGAL FRAMEWORK AND ENFORCEMEN
Page 90:
Our work is made possible by the ge
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