The Phase 4 evaluation of Belgium's implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions points out that only three foreign bribery cases have been successfully completed since the Phase 3 evaluation in 2013, resulting in the conviction of five individuals. No companies have been sanctioned in this period.
The report identifies several gaps in Belgium's policy to fight foreign bribery. A lack of financial and human resources at every stage of the enforcement process is a key obstacle to the successful conclusion of cases. Further, Belgian companies are not sufficiently incentivised to implement anti-corruption compliance programmes. Finally, the lack of measures to encourage voluntary disclosure, as well as non-publication of foreign bribery resolutions, also limit effective implementation of the Convention.
The review recognises a range of positive developments since Phase 3, notably the 2024 law that extended the statute of limitations for alleged bribery offences and provided for its interruption upon referral to the trial court. This reform should enable a greater number of foreign bribery cases to be concluded.
The Working Group also welcomed reforms ensuring that the liability of companies in Belgium is no longer conditional on the prosecution or conviction of natural persons. It found that the extension of jurisdiction over foreign bribery offences committed abroad should facilitate the prosecution of Belgian companies for acts committed by their subsidiaries abroad. The adoption of a whistleblower protection regime that reflects international standards and incorporates several recognised best practices should enhance the detection of foreign bribery.
To overcome structural obstacles, improve the effectiveness of investigations and prosecutions and strengthen the legal framework, the Working Group recommends that Belgium:
- Increase and ring-fence resources allocated to the fight against foreign bribery at every stage of the enforcement process.
- Improve the non-trial resolution mechanism for foreign bribery, including by developing and publishing clear guidelines for prosecutors and practical guides for the private sector.
- Ensure that sanctions are effective, proportionate and dissuasive.
- Publish and make accessible foreign bribery resolutions and decisions.
- Ensure that failure by a company's management to prevent an employee from committing a foreign bribery offence triggers the company's liability.
The OECD Working Group on Bribery in International Business Transactions comprises the 46 Parties to the Convention, including Belgium. The Group oversees the implementation of the Convention by its member states. Established in 1994, the Working Group is responsible for monitoring the implementation and enforcement of the OECD Anti-Bribery Convention, the 2021 Recommendation on Further Combating Bribery of Foreign Bribery in International Business Transactions and related instruments. A peer-review monitoring system is conducted in successive phases.
