Estonia's Phase 4 evaluation on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions notes that progress still needs to be made to tackle foreign bribery. Although the country's first convictions for foreign bribery in 2018 marked an important milestone, Estonia has not detected, investigated or prosecuted any other foreign bribery case since the Phase 3 evaluation in 2014.
The OECD Working Group on Bribery finds that Estonia's poor enforcement record is not commensurate with the foreign bribery risks faced by Estonian businesses, which results from insufficient awareness and inadequate prioritisation by the authorities. Estonia has not yet comprehensively assessed these risks, and a widespread perception of high integrity in Estonia may contribute to their being downplayed.
While Estonia prioritises combatting corruption, foreign bribery does not receive specific attention. As a result, Estonia does not proactively exploit potential detection sources. In particular, relevant public officials are insufficiently equipped to detect and report foreign bribery allegations, and recently-introduced whistleblower protections do not clearly apply to foreign bribery.
On a positive note, the Working Group welcomes the further specialisation of Estonian authorities in corruption and economic crimes, and the priority given to reinforcing its capacity to confiscate criminal assets. Efficient interagency co-operation and active engagement in international co-operation are other positive features of Estonia's law enforcement mechanisms.
The Working Group also acknowledges Estonia's progress since Phase 3 towards bringing its legislative framework into closer alignment with the Convention. The definition of the foreign bribery offence is clearer. The recently revised criminal corporate liability framework potentially introduces important improvements. Sanctions available against legal persons have been significantly increased. However, some key elements of the offence and the corporate liability regime require further clarification, and sanctions may remain insufficient in practice. In addition, issues identified in Phase 3 regarding the rules on the statute of limitations and non-trial resolutions remain unaddressed.
The Working Group's recommendations include the following:
- Carrying out a systematic assessment of Estonia's foreign bribery risk profile;
- Proactively gathering information from diverse sources to increase detection of foreign bribery;
- Clarifying legal provisions pertaining to the foreign bribery offence and the new criminal corporate liability framework; and
- Clarifying the availability of whistleblower protections to the reporting of foreign bribery.
Established in 1994, the OECD Working Group on Bribery is responsible for overseeing the implementation and enforcement of the OECD Anti-Bribery Convention, the 2021 Anti-Bribery Recommendation, and associated instruments, using a robust peer-review monitoring mechanism.
