As one of the newest Parties to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention), Romania has already begun to demonstrate its commitment to fighting foreign bribery. Nevertheless, it should follow through on its efforts to expand the scope of its foreign bribery offence and to increase the applicable sanctions. It should also take further measures to ensure that foreign bribery is promptly reported to law enforcement for investigation and prosecution, according to a new report by the OECD Working Group on Bribery.
The 46-country OECD Working Group on Bribery has just completed its Phase 2 evaluation of Romania's implementation of the OECD Anti-Bribery Convention and recommends that Romania:
amend its foreign bribery offence to fully align it with the Convention
increase sanctions available in foreign bribery cases and ensure that proceeds can be confiscated
develop a strategy for detecting and reporting foreign bribery cases
clarify and enhance its foreign bribery whistleblowing framework
consider whether additional non-trial resolution mechanisms or incentives can be used to encourage reporting
- raise awareness about the importance of internal controls, ethics, and compliance programmes, and
- ensure that the National Anti-Corruption Directorate has sufficient resources and training for foreign bribery and that it remains insulated from the risk of improper political interference.
Even before Romania adhered to the Convention, it commenced its first ever foreign bribery prosecution. It has begun debating a draft law to address issues raised within the report, which the Working Group considers to be a welcome step. Romanian stakeholders from the public and private sectors have also demonstrated their strong interest in sharing experiences with, and learning from, their counterparts in other Working Group member countries.
The Working Group adopted its Phase 2 evaluation report on Romania on 10 October 2024. The report provides an overview of Romania's legal and institutional frameworks for fighting foreign bribery and how those frameworks are applied in practice. Based on those findings, the Working Group has made targeted recommendations on how Romania can enhance its implementation of the Convention by engaging various stakeholders from the public and private sectors. In two years (no earlier than October 2026), Romania will submit a written report to the Working Group describing its efforts to implement those recommendations as well as its foreign bribery enforcement actions.
