Serious Concerns Remain over Japan’s Enforcement of Foreign Bribery Law, Despite Some Positive Developments

The OECD Working Group on Bribery has just completed its report on Japan’s application of the Convention of Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments. To date, the OECD’s second-largest economy has concluded two cases since Japan’s foreign bribery offence entered into force in 1999. Recommendations made by the Working Group include that Japan: (i) step up efforts to detect, investigate and prosecute foreign bribery cases; (ii) urgently establish a legal basis for confiscating the proceeds of bribing foreign public officials; (iii) amend legislation so that it is a crime to launder the proceeds of foreign bribery; (iv) ensure that the Ministry of Economy, Trade and Industry - which has responsibility for Japan’s foreign bribery offence - takes a stronger role in ensuring the effective implementation of the Anti-Bribery Convention by Japan; and (v) review its whistleblower protection legislation.

Originally Published: 
12/01/2012