Sunday , July 21, 2019 |   13:56:49 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Instant Updates Newsletters
 
NEWS FLASH
 
Former 3-time Delhi CM Sheila Dikshit passes away at 81 TP - If notice issued u/s 271(1)(c) did not specify in which limb of Section 271(1)(c) penalty proceedings had been initiated, then no penalty is leviable: ITAT (See 'Breaking News') TP - Substantial differences on account of turnover filter, renders an entity unfit for purposes of comparison: ITAT (See 'Breaking News') TP - Arm's length rate of interest is rate prevalent in the country where loan is received/consumed and not the country whose enterprise advances loans to its AEs: ITAT (See 'Breaking News') Protocol amending India-China DTAA comes into force from June 5, 2019; Articles 5, 7, 11, 23, 26 & 27 substituted GST - Fake Invoices - Mega Hole in Treasury; Time for Punitive Legislative Measures! (See 'THE COB(WEB)' in TIOL) TP - ALP adjustment is warranted in respect of intra-group services, if there is no evidence to establish rendition of services & fees paid is not commensurate with such services: ITAT (See 'Breaking News') TP - ALP adjustment is warranted to provide margins of comparables in terms of Rule 10B(1)(e)(iii), in case of differences in level of capacity utilization of taxpayer entity to that of comparables: ITAT (See 'Breaking News') I-T - It is fit case for remand if duty is demanded in respect of royalty paid to non-residents whilst records reveal an employee secondment agreement for which due taxes stands paid by Indian entity: ITAT (See 'Breaking News') TP - Substantial margin/variation in turnover of two entities renders them uncomparable for purposes of benchmarking international transaction: ITAT (See 'Breaking News') TP - An otherwise functionally similar company can be deemed to be non-comparable merely because of differences pertaining to their financial years: ITAT (See 'Breaking News') TP - Delay in uploading of Form 3CEB due to electronic glitches at time of uploading, does not go in defiance of Sec 92E and hence no basis to invoke penalty u/s 271BA: ITAT (See 'Breaking News') TP - If no risk is involved in issuing performance guarantee on behalf of AE, then taxpayer entity is not bound to charge any commission for mitigating risk: ITAT (See 'Breaking News') Joblessness in OECD area goes up 68.7% in Q1 (See 'TII Brief') TP - Appellate Revenue Authority should not refrain from discussing case on merits and reach right conclusion, simply because there is no representation on behalf of taxpayer: ITAT (See 'Breaking News') DTAA - Art 13(4) of Indo UAE Treaty cannot be applied in case of sale of mutual fund by NRI, if units of mutual funds transferred by him does not qualify as shares for purpose of Tax Treaty: 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 FDI LIBRARY VISA BIPA NRI TII
  • DTAAs
  • TIEAs
  • Limited Treaties
  • Other Treaties
  • Notifications
  • Circulars
  • Circulars (I-T Act, 1922)
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • Relevant Portion of I-T Act,1922
  • Relevant Portion of I-T Rules,1962
  • GAAR
  • Equalisation Levy
  • Draft Guidelines
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • DTC Bill
  • UN Model
  • Miscellaneous
  • OECD Conventions
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • Draft Notifications
  • Circulars
  • Instructions
  • Notifications
  • Relevant Sections of Act
  • TP Rules
  • Forms
  • Miscellaneous
  • APA Annual Report
  • APA Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • RBI Circulars
  • FDI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • Black Money Act
  • PMLA Notification
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • SEBI
  • Multimodal Transportation
  • Vienna Convention
  • NBFC Reports
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • Intellectual Property
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • CBR Act, 1963
  • MCA Circular
  • Book Review
  • Limitation Act
  • SSAs
  • EPFO
  • FAQs
  • Acts
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Types of Visa
  • Agreements
  • Arbitration
  • Model Text
  • Relevant Portion of I-T Act
  • Circulars
  • I-T Rules, 1962
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2019 Taxindiainternational.com Pvt.Ltd. All rights reserved.