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Measure

2.4.4.1.12. Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Ratification of the Agreement (via an Exchange of Letters) on Ukraine’s Accession to the OECD Working Group on Combating Bribery in International Business Transactions

Measure status:

Partially implemented

Actual execution date:

16.12.2023

The measure is aimed at achieving ESR:

2.4.4.1. Legislation has been amended to introduce incentives for the private sector to improve business integrity

Problem solving:

2.4.4. A high level of tolerance of corruption in the private sector of the economy

Deadlines:

01.03.2023 - 31.10.2023

Responsible implementors (authorities):

The main implementer: Ministry of Foreign Affairs of Ukraine
co-implementors:
Ministry of Finance of Ukraine

Sources of funding:

state budget

Volumes of financing (thousand UAH):

within the established budget allocations for the relevant year

Performance indicator:

The draft law has been submitted to the Parliament of Ukraine.

Implementing status

Progress/Result of implementation:

According to the Ministry of Foreign Affairs of Ukraine: “By letter of the Ministry of Foreign Affairs of Ukraine No. 51/13-077-104494, dated September 1, 2023, the Cabinet of Ministers of Ukraine submitted for consideration:

– a draft resolution of the Cabinet of Ministers of Ukraine “On Submission for Ratification by the Verkhovna Rada of Ukraine the Agreement (in the form of letter exchange) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development”;

– a draft Law of Ukraine “On Ratification of the Agreement (in the form of letter exchange) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development” (hereinafter referred to as the draft law);

– a draft resolution of the Verkhovna Rada of Ukraine “On Adoption as a Basis of the Draft Law of Ukraine “On Ratification of the Agreement (in the form of an exchange of letters) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development”;

– other necessary materials.

In a letter No. 51/13-077-107234, dated September 8, 2023, the Ministry of Foreign Affairs of Ukraine sent to the Cabinet of Ministers of Ukraine a Ukrainian translation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions to be included in the draft law. Additionally, in a letter No. 51/13-077-111060, dated September 18, 2023, the Ministry of Foreign Affairs of Ukraine sent the official Ukrainian translation of the aforementioned Convention to the Cabinet of Ministers of Ukraine.

On September 19, 2023, during a government meeting, the Cabinet of Ministers of Ukraine adopted Resolution No. 826-р “On Submitting for Ratification by the Verkhovna Rada of Ukraine the Agreement (in the form of letter exchange) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development.”

On September 20, 2023, the Draft Law on the Ratification of the Agreement (in the form of a letter exchange) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development (Reg. No. 0227, dated September 20, 2023) was received by the Verkhovna Rada of Ukraine.

On November 16, 2023, the Draft Law of Ukraine was returned for revision to the initiating entity.

Following the instruction of Prime Minister Denys Shmyhal, No. 34988/1/1-23, dated November 9, 2023, the Ministry of Foreign Affairs of Ukraine sent an additional request to the Secretariat of the Organization for Economic Co-operation and Development to receive official confirmation of the fact and date when the Agreement (in the form of an exchange of letters) between the Government of Ukraine and the Organization for Economic Co-operation and Development on Joining the Working Group on Combating Bribery in International Business Transactions of the Organization for Economic Co-operation and Development (OECD) came into force.

In response, the OECD Secretariat confirmed in a letter dated November 28, 2023, that Ukraine has been a participant in this Working Group since the date it agreed to such status, as confirmed by a letter signed by the Prime Minister of Ukraine on February 28, 2023.

Considering the above and the sixth paragraph of the Agreement, the Ministry of Foreign Affairs informed the Cabinet of Ministers of Ukraine by letter No. 51/13-075/6-157284, dated December 27, 2023, that the Agreement (in the form of a letter exchange) is considered to be in effect and does not require ratification to come into force.”

Monitoring results (quarterly):

13.05.2024:
The measure was implemented on time, but partially
16.02.2024:
The measure was implemented on time, but partially
15.11.2023:
The measure was implemented on time and in full
16.08.2023:
Implementation of the measure has started on time

Key sources of assessment:

2. Ministry of Foreign Affairs of Ukraine: Draft Law No. 0227 of September 20, 2023

Additional sources of information: