Abstract

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted in 1997. During the last ten years the OECD has been extremely busy monitoring the implementation of this Convention in contracting states. During this process a number of issues have emerged. This article examines some of these: (1) the role and impact of the functional equivalence approach, (2) the effect of gaps and flexibility surrounding international business transactions and corporate liability, and (3) Article 5 and the defence of necessity available to a State under customary international law in the context of the UK decision to end the BAE investigations.