Implementing the OECD Anti-Bribery Convention Phase 4 Two-Year Follow-Up Report: Italy

Implementing the OECD Anti-Bribery Convention Phase 4 Two-Year Follow-Up Report: Italy

Summary of Findings

1. Implementation Status: Italy submitted its Phase 4 written follow-up report in October 2024, detailing its progress in implementing 48 recommendations from the Phase 4 evaluation conducted in October 2022. Italy has fully implemented 18 recommendations, partially implemented 7, and not implemented 23.

2. Efforts to Implement Recommendations:

   • Workshops and Seminars: Italy held a series of seminars, courses, and conferences in April to June 2024, covering topics such as the Anti-Bribery Convention, foreign bribery, and related matters.
   • Legislative Framework: In March 2023, Italy enacted an enhanced legislative framework to protect whistleblowers, though some private sector whistleblowers remain excluded.
   • Monitoring Mechanisms: A new section in the Ministry of Justice now monitors the press daily for allegations of foreign bribery.

3. Concerns:

   • Key Recommendations Not Addressed: Despite several recommendations dating back to Phase 3 in 2011, Italy has not addressed several key issues. These include:
     • Proof of Foreign Law: Italy has not ensured that proof of foreign law is required for the foreign bribery offense.
     • Fines for Natural Persons: Fines remain unavailable against natural persons for foreign bribery, and a proposed legislative amendment would only result in fines up to EUR 30,000.
     • Fines for Legal Persons: The maximum fines for foreign bribery remain insufficient, even if proposed legislative amendments are enacted. The statute of limitations for legal persons also remains too short.
   • Declining Enforcement: Since the Phase 4 report, Italy's foreign bribery enforcement has significantly declined. From 2011 to 2022, there were 90 investigations, 72 proceedings, and 22 convictions. In the two years following the Phase 4 report, only 1 new investigation, 0 new proceedings, and 4 convictions occurred. Convictions largely result from patteggiamento (non-trial resolutions), and the number of acquittals remains disproportionately high.

4. Prevention and Awareness:

   • Not Implemented: Italy still lacks a comprehensive national strategy to combat foreign bribery, despite acknowledging the need for one. The Ministry of Justice has initiated the process of formalizing a national strategy.
   • Fully Implemented: Italy has raised awareness among public officials through various activities, including seminars, courses, and conferences.
   • Partially Implemented: Efforts to engage the private sector are ongoing but lack specific measures addressing foreign bribery. Confindustria presented its "Zero Corruption Manifesto" but it is a general, aspirational statement without specific focus on foreign bribery.

Conclusions of the Working Group on Bribery

The Working Group on Bribery commends Italy for certain efforts but highlights significant concerns regarding the implementation of key recommendations and the decline in foreign bribery enforcement. Italy is encouraged to address these issues comprehensively and to ensure sustained efforts in preventing and combating foreign bribery.