BNDES - Brazilian Development Bank

Combating corruption of foreign public officials


Issues such as corruption and bribery of foreign public officials in international business transactions, in recent decades, have become 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 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 ratified the convention on June 15, 2000 and promulgated it by Decree Nº 3.678 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 at that time Brazil had already adjusted a large part of its legislation to the convention.

In 2002, with the advent of Act Nº. 10,467, 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 Brazil's 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. 12,846 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 administrations.

Recent News  Recent News
BNDES boosts privatizations, announces new lines for green economy, and expands profit by 29% in the third quarter
Total portfolio includes 163 privatization projects, totaling BRL 287 billion. Gain from disposals of shareholdings and debentures impacted the accumulated result. Green economy and social development represent more than half of the loan portfolio
BNDES creates matchfunding to invest up to BRL 500 million in forest recovery with support from partners
The following companies have already confirmed participation in the Living Forest Initiative: Petrobras, Coopercitrus, Heineken Group, Itaipu Binacional — in partnership with the Government of Mato Grosso do Sul — Philip Morris Brasil and Vale, through the Vale Fund The Bank will participate with up to 50% of the resources applied in the initiative The reforestation of 16,000 to 33,000 hectares with native species and biodiversity is expected