Fight against bribery in export credits (OECD)
Czech export bank, a.s. respects at providing of state-supported export financing the duties arising for the Czech Republic from the OECD rules on Combating Bribery of Foreign Officials in International Business Transactions. Czech export bank, a.s. – as well as EGAP – proceeds from these OECD documents when formulating requirements for exporters and determining procedure at evaluation of meeting of conditions of combating bribery in particular export transactions. Also other member states of OECD are bound to proceed similarly at providing of state export support. Compliance with these obligations is controlled regularly by OECD.
Duties of the exporter (or particularly applicant)
In accordance with the above-mentioned OECD documents the exporter or particularly the applicant shall be in the application for the state-supported financing obliged among others to:
- declare that it is aware of provisions of OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions, and undertake to take any and all measures necessary for complying therewith;
- prove that it developed and applies such management control systems, which combat bribery in accordance with the Czech legal order;
- declare that it or anyone acting on its behalf as an agent has not been and will not be involved in bribery in the respective transaction;
- declare that it or anyone acting on its behalf in connection with the transaction, is not at present accused at the court or was not condemned by the court in the period of 5 years preceding the application, and was not subject of equivalent administrative measure for violating laws against bribery of foreign officials of any country;
- upon request provide identity of persons acting on its behalf in connection with the transaction and amount and purpose of commissions and fees paid or agreed to be paid to such persons.
Duties of CEB
The mentioned OECD documents bind CEB to
- verify and find out, whether the exporter or particularly applicant is not registered in the publicly available lists of excluded persons and companies, published by international financial institutions (World Bank Group, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development and Inter-American Development Bank);
- carry out due diligence, if (i) if the exported or particularly applicant appears in the generally available lists of excluded persons and companies or (ii) the bank finds out that the exporter or particularly the applicant or anyone acting on its behalf in connection with the transaction is at present accused at the court or was condemned in the period of 5 years preceding the application, or was subject of equivalent administrative measures for violating laws against bribery of foreign officials of any country or (iii) there exists a reason to assume that there might occurred bribery in the transaction;
- inform the authorities without delay, if there exists credible evidence that bribery in any period was related to obtaining or carrying out of the export contract;
- suspend approving of the application for the period of due diligence, if there exists before approval of the credit or other support credible evidence that obtaining or carrying out of the export contract was connected with bribery and refuse approval of the credit or other support, if due diligence finds out that there occurred bribery in the transaction;
- take such measures at refusal of payment or refund of the already paid amounts, if the bribery was proved after approval of the credit or other support.