Ireland still has a long way to go toward implementing and enforcing the bribery of foreign public officials involving international business transactions. That's according to the Organization for Economic Co-operation and Development Working Group's phase-three report on the implementation of the OECD's Anti-Bribery Convention in Ireland.

According to the report, Ireland has not prosecuted a foreign bribery case in the twelve years since its foreign bribery offense came into force. Ireland is currently investigating one case and assessing three.

“The Working Group is concerned that Ireland has taken few proactive investigative steps in these cases,” the report stated. “This appears to be due to inadequate resources to detect and investigate foreign bribery cases, due to their depletion by the investigation of non-bribery cases related to the financial sector.”

The Working Group recommends that Ireland:

Reorganize law enforcement resources so that credible allegations of foreign bribery will be investigated and prosecuted in a timely and effective manner;

Take proactive and concrete steps, as a matter of priority, to determine whether any link exist between Ireland in credible allegations of Irish companies and individuals bribing abroad;

Strengthen its anti-money laundering system for the purpose of detecting foreign bribery cases and supporting the investigation and prosecution of such cases; and

Enforce its offense of money laundering where the proceeds of foreign bribery are involved.

The Working Group further recommends that Ireland consolidate and harmonize its two foreign bribery statutes, which contain certain inconsistencies, including the level of sanctions. Additionally, the Working Group noted that Ireland's corporate liability for the foreign bribery offense, which was previously deemed inadequate in its phase-two report, remains unchanged.

Ireland must also raise awareness in the private sector about “the importance of adopting effective internal controls, ethics and compliance measures,” and establish procedures “to facilitate the reporting of suspicions of foreign bribery by public-sector employees.”

Ireland also needs to harmonize its current whistleblower protections, “which are confusing and exist in a plethora of statutes,” the report stated.

Positive Developments

The report wasn't all bad news; it also highlighted Ireland's positive efforts toward tackling foreign bribery. For example, the working group commended Ireland for expanding the categories of bribes covered by the foreign bribery offense in its 2010 Proceeds of Crime Act.

Specifically, Ireland expanded the definition of “agent” to cover any individuals “acting on behalf of any international organization established by an international agreement between states to which Ireland is not a party.” Furthermore, Ireland now has jurisdiction over foreign bribery offenses committed abroad by Irish companies and nationals.

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