The Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery has called on Colombia to urgently improve its framework for combating foreign bribery. The findings are part of the Phase 4 Report, which highlights serious deficiencies in the country’s approach to tackling this issue.
Colombia has made progress by imposing its second administrative sanction on a legal entity for foreign bribery, but the report raises significant concerns about the absence of prosecutions against individuals. The Working Group reports that detection levels remain low, indicating a lack of effective enforcement. Furthermore, mutual legal assistance mechanisms are described as uncoordinated and underutilized, leaving substantial gaps in the investigation and prosecution process.
Concerns About Whistleblower Protection and Agency Coordination
The report emphasizes the longstanding absence of protections for whistleblowers, a critical factor in encouraging reporting of bribery cases. Additionally, it points out that the various agencies responsible for detecting, investigating, and prosecuting foreign bribery operate in silos, which hampers effective collaboration and response.
The OECD Working Group, which includes representatives from 46 countries, completed its evaluation of Colombia’s implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The report outlines areas where Colombia can enhance its effectiveness in preventing and enforcing laws against foreign bribery.
While the report identifies urgent challenges, it also acknowledges some positive developments. Notably, Bancóldex has successfully implemented all outstanding recommendations from previous evaluations. Colombia has also established a system of anti-money laundering compliance checks and sanctions that apply to private sector entities. These measures are expected to improve the likelihood of reporting suspicious activities, thereby enhancing the detection of foreign bribery.
Future Commitments and Monitoring
The OECD Working Group’s monitoring process is ongoing, with Colombia expected to report back in two years, specifically in December 2027, regarding its implementation of recommendations and enforcement efforts. An interim report is scheduled for December 2026, which will detail an action plan addressing five high-priority recommendations.
Established in 1994, the OECD Working Group on Bribery plays a crucial role in overseeing the implementation and enforcement of the OECD Anti-Bribery Convention and associated instruments. The group employs a robust peer-review mechanism to ensure that member countries adhere to their commitments in combating foreign bribery.
Colombia’s commitment to addressing these issues will be vital in enhancing its international standing and ensuring compliance with global anti-bribery standards. As the country moves forward, the effectiveness of its actions will be closely monitored by the OECD and the international community.
