BNDES - Brazilian Development Bank

Combating corruption of foreign public officials

Issues such as corruption and bribery of foreign public officials in international business transactions have become, in recent decades, a matter of increased attention in the international community.

In 1997, the Member States of the Organization for Economic Cooperation and Development (OECD), in addition to Brazil, Argentina, Bulgaria, Chile and the Slovak Republic, signed the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which came into effect in 1999 (read here a brief history of the Convention).

As the BNDES holds contracts with governments from other countries, mainly through export financing for goods and services, since the advent of the Convention, the Bank has intensified internal measures to combat corruption of foreign public officials. Read about some of these measures.

Brazil and the Convention

Brazil was ratified the Convention on June 15, 2000 and promulgated it by Decreto nº 3.678Link para um novo site  of November 30, 2000. The systematic and periodical follow-up in Brazil began in 2003, when it revealed that Brazilian legislation had been adjusted to meet the terms of the document. The monitoring result was positive as Brazil, at that time, had already adjusted a large part of its legislation to the Convention.

In 2002, with the advent of Act Nº. 10,467Link para um novo site, the Brazilian Penal Code was changed to include classification of actions performed specifically against foreign public administration in international commercial transactions.

As a development of the commitments made by Brazil to the Convention, the Foreign Board of Trade issued Resolution Nº. 62 of August 17, 2010, which established that Brazils official support for exports is subject to the signing of the Exporter’s Declaration of Commitment, attached to the Resolution.

Finally, on August 1, 2013, Act Nº. 12,846Link para um novo site, was promulgated, entering into effect 180 days after publication, which rules on the administrative and civil accountability of companies for practicing acts against national and foreign public administration.

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