US embassy cable - 03ANKARA2664

UNCLAS SECTION 01 OF 02 ANKARA 002664 
 
SIPDIS 
 
 
THOMAS BARLOW, DOC, CODE 4121 
STATE, EB/IFD/OIA-MARTHA KELLEY AND KATHRYN STEVENS, AND 
L/LEI-TOM HEINEMANN 
 
 
E.O. 12958: N/A 
TAGS: ETRD, PGOV, BR, AR, SI, CI, BU 
SUBJECT: TURKISH IMPLEMENTATION OF OECD BRIBERY CONVENTION 
 
 
REF: STATE 79413 
 
 
1. (U) SUMMARY:  The GOT Parliament ratified the OECD Bribery 
Convention in 2000, but did not ratify the implementing 
legislation until January 2, 2003.  This makes Turkey the 
last of the 35 signatories to the Convention to ratify laws 
that make it a crime to bribe foreign officials in 
international business transactions.  In line with the 
provisions of the Convention, Parliament has amended the 
Turkish penal code and expanded the scope of laws that 
previously dealt with bribery of domestic officials. END 
SUMMARY. 
 
 
Enforcement of Convention 
------------------------- 
 
 
2. (U) GOT officials claim that there has not been enough 
time to assess enforcement of the law (see below for 
specifics of new law), as this law has yet to apply to any 
cases at the prosecution stage. 
 
 
3. (U) The GOT's resources for enforcement include the 
Justice Ministry, which has responsibility for investigating 
and prosecuting bribery cases (Justice will work with MASAK 
in cases of bribery of foreign officials - see below).  The 
Turkish National Police (TNP) and Jandarma, which both fall 
under the Interior Ministry, investigate bribery cases under 
the guidance of prosecutors in the Ministry of Justice.  In 
addition, the Prime Ministry Inspection Board (PMIB) 
investigates domestic corruption cases, and is currently 
advising a new Parliamentary committee.  Bulent Tarhan, of 
the  PMIB, is one of several experts who are advising the 
recently established Corruption Investigations Committee, 
which has two primary functions:  investigating corruption 
cases through public hearings and also studying the 
underlying reasons behind corruption, based on analysis of 
PMIB and other authorities' investigations over the past five 
years. 
 
 
Implementing Legislation 
------------------------ 
 
 
4. (U) Law number 4782, passed January 2, 2003, effectively 
ratified the necessary implementation required of the GOT 
under the OECD Bribery Convention, which the GOT became party 
to in 2000.  This law provides several amendments/additions 
to the Turkish Penal Code.  Specifically, amendments were 
made to the Law on Prevention of Money Laundering, the Law on 
Controlling Narcotics Substances, the Civil Service Law and 
the decree with the force of law on the Organizational 
Structure and Duties of the Finance Ministry.  The following 
amendments/additions were made: 
 
 
-There is a bribery case if there is an attempt or a 
commitment to provide benefits to the individuals appointed 
as legislative, administrative or judicial government 
authorities in a foreign country or to officials conducting 
international duties in a host country to provide certain 
services or to prevent provision of services. 
 
 
-If the representatives of a corporate body are involved in 
bribery, both the representatives and the corporate body 
itself will be required to pay a cash penalty, as high as two 
to threefold of the benefit received.  Individuals repeatedly 
conducting anti-bribery crimes will be discharged from their 
duties and cannot work as GOT contractors. 
 
 
-The GOT can file a new bribery lawsuit against an individual 
upon the Justice Ministry's order, even if there is an 
existing court verdict regarding bribery of this individual 
in a foreign country.  The GOT will not file a new lawsuit 
against an individual if there is a former verdict regarding 
this person's involvement in crimes related to counterfeiting 
foreign currency. 
 
 
-With the amendment to the Law on Prevention of Money 
Laundering, bribery of foreign officials in host country or 
bribery of foreign officials in a foreign country were 
defined as predicate offenses for money laundering. 
 
 
5. (U) These amendments expand the authority of MASAK 
(Financial Crimes Investigation Board), the GOT's financial 
intelligence unit (FIU) that has primary responsibility for 
crimes associated with money laundering.  "This legislation 
gives the ability to create the necessary framework for 
cooperation between FIUs for all cooperation more broadly," 
said Oya Karakas, of MFA's General Directorate of 
Multilateral Economic Affairs. 
 
 
Promoting Public Awareness 
-------------------------- 
 
 
6. (U) The GOT has yet to promote public awareness of the new 
legislation, although plans are in the works.  Karakas said 
the MFA plans to set up an international workshop of OECD 
members, and representatives from Central Asian countries, to 
promote anti-corruption measures that have been taken. 
Karakas said a date has not been set yet, but the location 
will be the OECD Regional Center in Istanbul.  In addition, 
Karakas says the MFA plans to take advantage of a library 
that is physically located between and shared by the OECD 
Regional Center and the Istanbul Chamber of Commerce.  She 
said the OECD is working to establish an e-library that can 
be used for research of anti-corruption activities undertaken 
by OECD members. 
 
 
Related Anti-Corruption Activities 
---------------------------------- 
7. (U) Representatives from local NGOs had little comment on 
the GOT measures related to the new law.  However, 
representatives from the Turkish chapter of Transparency 
International remain concerned about GOT attempts to amend 
the Public Procurement Law, which established a board to 
oversee public tenders (an important condition in the 
IMF-supported reform program).  Earlier this year, the GOT 
proposed two articles to a new draft law designed to revise 
the tax forgiveness law, and give substantial savings to 
companies close to the new government.  This GOT effort has 
been defeated, at least for the time being, by pressure from 
the IMF, World Bank, USG, and NGOs such as Transparency 
International. 
PEARSON