Monday , October 14, 2019 |   08:28:24 IST
INTL TAXATION INTL MISC TP LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
Carbon taxes to help generate more revenue: IMF chief (See 'Brief') TP - TPO should adopt portfolio approach to take both prices that are favourable as well as adverse, in case there is fluctuation in price of same product: ITAT (See 'Breaking News') TP - Disposal of objections by passing of speaking order is indispensable, before passing re assessment order: HC (See 'Breaking News') TP - Investment advisory company should not be compared to merchant banker for purposes of benchmarking: ITAT (See 'Breaking News') I-T - Managerial fees paid overseas without making available any technical knowhow to recipient, does not amount to 'FTS/Royalty' and hence does not attract withholding tax liability: ITAT (See 'Breaking News') EU officially removes Switzerland from blacklist of tax havens Indian GST - Flaw in Design - 'Hurricane Katrina' in the making! (See 'The Cob(Web)' in TIOL) TP - ALP of support services can be determined at NIL, if cost allocation between AEs was on 'Per user' basis without any mark up: ITAT (See 'Breaking News') TP - LIBOR rates should be adopted to benchmark receipt of interest from overseas AEs on advances made to them: ITAT (See 'Breaking News') TP - 'Quantum of expenditure' & 'bright line test' are no basis to conclude 'AMP expenditure' within meaning of 'international transaction' u/s 92B: ITAT (See 'Breaking News') I-T - Revenue once having accepted that non-resident service providers did not receive any income in view of respective DTAA, the occasion to deduct tax at source would not arise: ITAT (See 'Breaking News') TP - Mere fact that taxpayer entity had included an entity in list of comparables, would not bar them from contending otherwise before TPO: HC (See 'Breaking News') TP - Adoption of comparables without any proper reasoning and cryptic order, calls for re-adjudication: ITAT (See 'Breaking News') TP - No penalty u/s 271G is imposable, if peculiar nature of product & constant mixing of diamonds obtained from AEs & non-AEs, renders it difficult to determine segmental profitability to work out internal TNMM: ITAT (See 'Breaking News')
 
TII SEARCH
 
 
   
Home >> News Brief
 

OECD Group asks Japan to tighten anti-bribery noose
By TII News Service
Jul 04, 2019 , Pairs

    

 

THE OECD Working Group on Bribery has recommended that Japan must step up enforcement of its foreign bribery laws and strengthen the capacities of its law enforcement agencies to proactively detect, investigate and prosecute the foreign bribery offence.

According to the Working Group, which is composed of 44 member countries, Japan continues to demonstrate a particularly low level of anti-bribery enforcement. Since 1999, it has only prosecuted 5 foreign bribery cases and sanctioned 12 individuals and 2 companies. Japan’s enforcement rate is not commensurate with the size and export-oriented nature of its economy or the high-risk regions and sectors in which its companies operate.

The Working Group has just completed its Phase 4 evaluation of Japan's implementation of the Convention on Combating Bribery of Foreign Public Officials and related instruments. The Phase 4 evaluation report reiterates concerns already identified in previous evaluation phases of Japan.

In order to improve Japan’s implementation of the Convention, the Working Group has recommended that Japan take certain measures, including that it should:

++ Improve key elements of its legislative framework, in particular to increase the level of sanctions and the limitation period for foreign bribery;

++ Broaden its framework for establishing nationality jurisdiction over legal persons;

++ Encourage its agencies with potential for detecting foreign bribery to become more proactive in this respect;

++ Ensure that the Ministry of Justice’s role in transmitting and clarifying certain allegations does not create unnecessary delays in opening investigations;

++ Ensure that the prosecution’s role in conducting investigations and prosecutions is exercised independently of the executive, and in particular the Ministry of Justice and the Ministry of Economy, Trade and Industry; and

++ Ensure that both the police and the prosecution are more proactive and coordinated when investigating foreign bribery, including by reducing the reliance on voluntary measures and confession.

At the same time, the Working Group notes a number of positive developments since its previous evaluations. Most notably, Japan’s 2017 amendment of its Act on Punishment of Organised Crimes and Control of Crime Proceeds (AOCL) introduced the possibility to confiscate the proceeds of foreign bribery and criminalised the laundering of the proceeds of foreign bribery, thus closing a significant loophole in Japan’s implementation of the Convention. Japan also introduced a new Agreement Procedure in June 2018, which could potentially enable Japan to more effectively investigate and conclude foreign bribery cases. Finally, Japan’s ODA agency (JICA) has developed and enforced a rigorous debarment policy for companies implicated in foreign bribery offences, which constitutes a potentially powerful tool in the sanctioning of the foreign bribery offence.

 
 
INTL TAXATION INTL MISC TP LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Portion of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • Black Money Act
  • PMLA Notification
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Book Review
  • Limitation Act
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Agreements
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2019 Taxindiainternational.com Pvt.Ltd. All rights reserved.