The legal framework for the treatment of proceeds of active bribery

The OECD Convention Article 3 requires that “bribery of a foreign public official shall be punishable by effective, proportionate and dissuasive criminal penalties.” Each Party must also “take such measures as may be necessary to provide that the bribe and the proceeds of the bribery of a foreign public official, or property the value of which corresponds to that of such proceeds, are subject to seizure and confiscation or that monetary sanctions of comparable effect are applicable.” Under commentary 21 of the Anti-Bribery Convention, proceeds of bribery are defined as “the profits or other benefits derived by the briber from the transaction or other improper advantage obtained or retained through bribery.”