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The OECD ConventionThe Organisation of Economic Co-operation and Development (“OECD”) adopted theConvention on Combating Bribery of Foreign Public Officials in International BusinessTransactions (“OECD Convention”) on 17 December 1997 in Paris. Signatories to the OECDConvention include all 29 member states of the OECD including the United States–as well asfive non-members. The OECD Convention entered into effect on 15 February 1999. Turkeyratified the OECD Convention on 1 February 2000.The goal of the OECD Convention, stated in the preamble, is to combat the “widespreadphenomenon” of bribery in international business transactions. Article 1 of the OECDConvention requires the signatories to criminalise bribing foreign public officials byproviding: Each Party shall take such measures as may be necessary to establish that it is acriminal offence under its law for any person intentionally to offer, promise or give anypecuniary or other advantage, whether directly or through intermediaries, to a foreignpublic official, for that official or for a third party, in order that the official act or refrainfrom acting in relation to the performance of official duties, in order to obtain or retainbusiness or other improper advantage in the conduct of international business.According to the “Commentaries on the Convention,” which were adopted by thesignatories on 21 November 1997, the OECD Convention sets a “standard” to be met bysignatory states rather than using “precise terms,” and thus leaves the method ofimplementation to the signatory states. However, the OECD Convention states that thesanctions must consist of “effective, proportionate and dissuasive criminal penalties”comparable to those for bribery of local officials. In so doing, the OECD Convention seeks toassure a consistency between the various local legislations with respect to the crime ofbribing foreign officials. The OECD Convention makes it unlawful to offer or pay bribes, butleaves the matter of soliciting or receiving bribes to the domestic laws of the signatorystates. It envisages the criminalization of the bribery of foreign public officials regardless ofwhether the home country of the relevant official is a party to the OECD Convention.10