Business Ethics and Anti- Bribery Polices in Selceted Middle East and North African Countries
<TABLE OF CONTENTS>
BUSINESS ETHICS AND ANTI-BRIBERY POLICIES
IN SELECTED MIDDLE EAST AND NORTH
AFRICAN COUNTRIES 0
FOREWORD 3
INTRODUCTION 10
A. PREVENTING BRIBERY OF PUBLIC OFFICIALS IN THE CONDUCT OF BUSINESS 10
1. Public measures designed to prevent and deter the occurrence of bribery of public officials in
the conduct of business 10
a) MENA regulations of actions of intermediation and other agency activities in connection with
government procurement and other public decision-making 10
b) Other measures to prevent the occurrence of bribery: non-tax deductibility of bribes and
corporate accounting and auditing requirements 13
c) MENA measures to prevent the use of financial channels for the giving of bribes and the
laundering of the proceeds of bribery 16
2. The insertion of business ethics in MENA business sector 17
a) Fostering ethical business: Measures undertaken by MENA governments 18
b) Fostering ethical business: Measures undertaken by MENA corporate sector 19
c) The role of the media, the academia and of civil society in promoting both public sector and
corporate ethics 19
B. MENA COUNTRIES REGIME TO PROHIBIT AND SANCTION BRIBERY OF PUBLIC
OFFICIALS IN BUSINESS TRANSACTIONS 21
1. The legal framework 21
a) MENA countries’ anti-bribery laws 21
b) Measures against trading in influence 22
c) Other measures for combating bribery of public officials 23
2. Main features of the anti-bribery laws 23
a) The elements of the offence 24
b) Applicable sanctions 25
3. Specific measures for disqualifying and excluding corporations from government procurement
contracts 29
a) Disqualification from government procurement contracts 30
b) Suspension from new competition for public contracts enterprises determined to have
committed bribery 30
C. INVESTIGATION, PROSECUTION AND SANCTIONING OF BRIBERY OF PUBLIC
OFFICIALS 31
1. The conduct of criminal proceedings 31
a) The instigation of public proceedings: actors and the underlying principles 31
b) Disclosure to investigative agencies and prosecuting authorities 32
c) Jurisdiction over the offence of bribery 34
2. Gathering evidence 35
a) Investigative techniques and supporting mechanisms 35
b) Judicial co-operation: Mutual legal assistance, extradition and enforcement cooperation 36
3. Punishment of the offence of bribery of public officials 37
a) Persons found guilty of the bribery offence 37
b) Sentences handed down by the courts. 38
CONCLUSION 39