We are c all ing upon the Hon Chancellor Angela Merkel and the Hon Justice and Consumer Protection Minister Katarina Barley to immediately act upon the "no corruption" provision in the 2017 Memorandum of Understanding and immediately suspend the Thyssenkrupp submarine deal with Israel.
Last week, I described the scandal from the Israeli side: a law and justice system that is incompetent and/or corrupt, and unable for 20 years to deal with the corruption of senior state officials, in particular Prime Minister Netanyahu. Under such circumstances, I explained that the Thyssenkrupp submarine deal is a poison pill for the justice system and democratic institutions in Israel. [i]
This week, I would like to focus on German side - obligations to comply with the OECD anti Bribery Convention and German Federal law.
1) The 1997 OECD Convention
The Convention is described by the OECD as follows:
The OECD Anti-Bribery Convention establishes legally binding standards to criminalize bribery of foreign public officials in international business transactions... It is the first and only international anti-corruption instrument focused on the 'supply side' of the bribery transaction.
The Convention prescribes that each Party vigilantly act to investigate and hold accountable individuals and corporations, who engage in the bribery of foreign public official s .
2) The 1999 German Federal law
German law, implementing the OECD anti bribery Convention went into effect in 1999.
3) T he 2009 OECD Recommendations
U pon the 10 th anniversary of the Convention , OECD Member states adopted further Recommendations in order to reinforce the Convention.
The Recommendations are uniquely relevant to the case of Tyssenkrupp. The Recommendations say that:
i) Member countries should suspend enterprises, which are determined to have bribed foreign public officials from participating in public contracts or other public advantages, including public procurement contracts"
According to this clause, it is arguable that Thyssenkrupp should not have been allowed to enter the deal with Israel in the first place. After all, Thyssenkrupp had been involved in similar scandals with South Africa and Turkey even before the Israeli scandal...
ii) ...Member countries should require anti-corruption provisions in bilateral aid-funded procurement"
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