Compliance
Compliance Corner: OECD Frowns On Finland

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OECD, Finland
Finland is seen as one of the world’s cleanest countries in
terms of dirty money and bribery, but the
Organisation for Economic Co-operation and Development
begs to differ.
The Paris-based OEDC said yesterday in a statement that it will
send a “high-level” working group on bribery to Helsinki unless
“tangible progress” is reported in June 2023.
The problem is that there appears to be no action to
investigate or punish bribery cases in the country, the
organisation said.
“The working group remains seriously concerned about the lack of
foreign bribery enforcement in Finland. No foreign bribery case
has been detected, investigated or prosecuted since the adoption
of the country’s Phase 4 evaluation report in 2017,” the OECD
said.
A series of court acquittals in foreign bribery cases, between
2013 and 2016, may have discouraged law enforcement authorities
and prosecutors to continue to take all necessary steps to
detect, investigate and prosecute this offence, the organisation
continued.
The situation is ironic – the lack of investigations and
punishments is not of itself evidence of a deep-seated
problem, but without actual examples of cases being probed
and punishments made, it is hard to know how clean a country
is.
According to Transparency
International, Finland comes top out of 180 countries for
being seen as the cleanest country for bribery and
corruption.
The OECD said that in its Phase 4 evaluation report, the working
group expressed significant concerns about the court’s
interpretation of the evidence required to prove the foreign
bribery offence in the cases that resulted in
acquittals.
In 2021, Finland commissioned an independent study to review
these decisions and conduct a benchmark assessment of the
evidentiary requirements for the foreign bribery offences in
other working group members. The comprehensive study was
published in February 2022. Among other things, it recommended
that the foreign bribery offence be revised to remove significant
deficiencies that may constitute a major obstacle to Finland’s
effective enforcement efforts.
“The working group is therefore very disappointed that Finland
has not yet taken any steps to consider the conclusions of the
study, nor given any indication as to when and how these
conclusions will be taken forward by Finland,” the OECD said.
The issue is sensitive given that, in recent years, a number of
Baltic region states, notably Denmark and Estonia, were hit by
cases of laundered funds routed from Russia, back to the days of
the former Soviet Union.