The latest evaluation from the OECD Working Group on Bribery in International Business Transactions (WGB) finds that the Slovak Republic must urgently address serious deficiencies in its framework for fighting foreign bribery, including key elements of its foreign bribery offence. While acknowledging the Slovak Republic's adoption of a whistleblower protection framework, the WGB is concerned at the recent attempt to dismantle the Whistleblower Protection Office (WPO).
The Phase 4 report underlines that recent institutional reorganisations and legislative amendments in the Slovak Republic have created challenges in the successful investigation and prosecution of foreign bribery. The report identifies further areas for improvement in the Slovak Republic's effectiveness in preventing, detecting, and enforcing the foreign bribery offence, to improve its compliance with its obligations under the Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions.
The Working Group recommendations include:
- Clarifying key elements of the foreign bribery offence, as well as the relationship between the relevant corruption offences.
- Issuing guidelines and conducting training for all competent authorities on identifying, tracing, and quantifying the proceeds of bribery, as well as effective seizure and confiscation measures.
- Ensuring that the Prosecutor's Office is immediately notified of every report of potential foreign bribery and related offences to minimise the time that such allegations remain in the pre-investigation phase.
- Removing exemptions in the Whistleblower Protection Act to ensure eligibility for protection is available to all whistleblowers.
The report also notes positive developments that may contribute to combating foreign bribery, including the adoption of new corporate liability legislation, noting that the application of this framework remains untested in the context of foreign bribery. The Working Group commends work carried out by the WPO, which provides preventive protections and reviews whistleblowing systems across the public and private sectors. The Slovak Republic reinforced its anti-corruption capacity by expanding specialised prosecutorial expertise including international judicial cooperation.
The report is part of the Working Group's fourth phase of monitoring, launched in 2016. Phase 4 looks at the evaluated country's particular challenges and positive achievements. It also explores issues such as detection, enforcement, corporate liability, and international co-operation, as well as unresolved issues from prior reports. The Slovak Republic will provide an oral report in June 2027 on progress to implement seven high-priority recommendations, and will report to the Working Group in two years (i.e. June 2028) on its implementation of all recommendations and its enforcement efforts.
Established in 1994, the OECD Working Group on Bribery is responsible for overseeing the implementation and enforcement of the OECD Anti-Bribery Convention, the Anti-Bribery Recommendation, and associated instruments, using a robust peer-review monitoring mechanism.
