OECD report on implementation of anti-bribery convention in the Netherlands
The OECD concluded in a report at the end of 2012 that the Netherlands should increase its efforts to enforce foreign anti-bribery laws. According to the OECD, 14 out of 22 foreign bribery allegations in the Netherlands did not trigger an investigation. The report made a number of recommendations to improve this, including:
- Foreign bribery cases concerning Dutch individuals or companies should be proactively investigated, even if other jurisdictions may be involved.
- More resources and manpower should be provided to Dutch investigation and prosecution authorities to detect and investigate foreign bribery more effectively.
- The financial sanctions for legal entities should be increased.
A bill extending existing measures to combat financial and economic crime will be submitted to the Second Chamber of parliament in early 2013. Under the bill, fines issued to a company can be linked to the company's turnover, and the maximum prison term for foreign bribery is increased from four to six years. The bill also introduces a faster procedure for situations in which police and public prosecutors seek access to information covered by legal privilege. See also the RCE Newsletter July 2012 for more information about this bill.
The Dutch public prosecution service has promised to take a more proactive approach when there are signs of foreign bribery and increase its international cooperation.
Public prosecutors reach settlement with Ballast Nedam
Ballast Nedam ("BN") reached a EUR 17.5 million settlement with the Dutch public prosecution service in an international bribery case. BN will pay a EUR 5 million fine and waive a tax refund of EUR 12.5 million. BN is alleged to have paid bribes to foreign intermediaries in the period 1996-2004. Following an internal investigation, BN brought the issue to the attention of the authorities in January 2011. This triggered an investigation by the FIOD (Fiscal Intelligence and Investigation Service).
The settlement also ends a criminal case concerning bribery of a Dutch government official. In connection with the settlement, BN has tightened its compliance policy and drawn up new compliance guidelines.
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