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Corruption risks


OECD TELLS LUXEMBOURG TO REINFORCE ANTI-BRIBERY RULES

Despite positive steps, report says whistleblower legislation and weak
enforcement of foreign bribery offences remain a concern


Luxembourg needs to better identify the foreign bribery risks to which its
companies are exposed, says the OECD report © Photo credit: Marc Wilwert
 * Duncan RobertsReporter

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20/03/2024

Luxembourg has made significant legislative and institutional reforms to combat
bribery but still needs to undertake serious steps on whistleblower legislation
and tackling its weak enforcement of foreign bribery offences, an OECD report
has stated.

The OECD Working Group on Bribery on 15 March issued its Phase 4 evaluation of
Luxembourg’s implementation of the Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions and related instruments.

Also read:


EU TAKES LUXEMBOURG TO COURT OVER WHISTLEBLOWER LAW



The team for Luxembourg’s Phase 4 evaluation was composed of lead examiners from
Italy and Switzerland, as well as members of the OECD Anti-Corruption Division.
It raised concerns regarding Luxembourg’s efforts to implement the convention
and to actively investigate and prosecute foreign bribery cases.



In a series of recommendations, the assessment has called on Luxembourg to
“better identify the foreign bribery risks to which its companies are exposed”.


STRATEGIC APPROACH

The report’s recommendations state that the Grand Duchy should develop a
strategic approach involving the Corruption Prevention Committee (Copreco) to
tackle foreign bribery. This should include understanding the risks and drawing
up an “ambitious, cross-cutting and cross-sectoral plan to raise awareness of
foreign bribery.”

Targeted training measures for both Ministry of Foreign and European Affairs
staff and raising awareness among Luxembourg companies operating abroad is one
step that the report’s authors recommend. Clear and easily accessible internal
reporting channels for foreign ministry staff should also be established.

LuxDev staff and partners, particularly those posted abroad, should also receive
awareness training and measures should be taken to ensure that public
procurement authorities enforce existing provisions more strictly to bolster the
integrity of public procurement.




WHISTLEBLOWER LAW RECOMMENDATIONS

The OECD welcomed what it called Luxembourg’s “ambitious” new whistleblower
legislation, which drew extensively from international standards and
incorporated several best practices going beyond minimum standards set by an EU
directive.

But the Working Group nevertheless had a string of recommendations to make
regarding the law. For one, it wants Luxembourg to clarify that a
whistleblower’s personal motivation is irrelevant for the application of
protection under the law. 

Also read:


LUXEMBOURG EXPANDS WHISTLEBLOWER LAW TO ALL CIVIL SERVANTS




In addition, legislation must ensure that whistleblowers are not subject to
disciplinary proceedings and liability, and also ensure that sanctions against
those who retaliate against whistleblowers are “effective, proportionate and
dissuasive”.

Awareness‑raising efforts to ensure that the law is properly applied should also
be continued and even extended, the report said.

The working group also noted that the constitutional reform, which came into
force on 1 July 2023, was aimed at strengthening and modernising the status of
judges and prosecutors. “Nevertheless, the legislative and institutional reforms
are weakened by structural resource issues affecting the entire criminal justice
system,” the OECD said in a statement.


HUMAN RESOURCES CHALLENGE

Among the challenges faced by Luxembourg is the allocation of human resources
throughout a range of services tackling bribery and at the whistleblowing
office.



The report recommends that sufficient investigative, prosecutorial and
adjudication services, as well as Copreco be staffed sufficiently with personnel
that have the “expertise in handling foreign bribery cases effectively and
within a reasonable time limit.”

A bill that would set up a multi-year recruitment programme within the judiciary
was submitted in August last year.

Also read:


TRANSPARENCY BATTLES FEATURE IN BETTEL GOVERNMENT’S FINAL YEAR



The tax authorities, too, come under scrutiny for their personnel shortfall. The
report says that they need to ensure they have the human and material resources
“commensurate with the challenges involved in checking and detecting allegations
likely to fall within the scope of foreign bribery.”



But the tax authorities also need to raise awareness among officials of the need
to detect illicit transactions linked to foreign bribery, including through
clear and dedicated guidelines.

In addition, the report wants Luxembourg to “examine the potential causes for
the tendency to use alternative offences instead of the foreign bribery
offence”. The government should consider either criminalising foreign bribery in
a sufficiently broad manner, or extending the offence of trading in influence so
that the constituent elements of the offence and the applicable sanctions
conform with the convention, the OECD said.

Luxembourg has now been invited to submit a written report on the implementation
of the recommendations in March 2026.

“The Ministry of Justice, together with members of the Copreco, will analyse the
different recommendations arising from the evaluation report and will consult on
their implementation,” a spokesperson for the ministry told Luxembourg Times.




OECDTaxEconomy


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EDITOR'S CHOICE

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READ MORE

Economic forecast


LUXEMBOURG’S ECONOMIC OUTLOOK STRONG FOR 2025 BUT REFORMS NEEDED, WARNS OECD

While falling inflation and wage indexation are set to boost household incomes,
OECD report says country’s pension system requires long-lasting changes

--------------------------------------------------------------------------------

Tax


LUXEMBOURG REMAINS KEY ENABLER OF TAX AVOIDANCE, REPORT SAYS

Grand Duchy part of a “tax evasion axis” of countries responsible for more than
third of tax losses suffered by nations worldwide, according to Tax Justice
Network

--------------------------------------------------------------------------------

Cancer risk


QUARTER OF PREMATURE DEATHS IN LUXEMBOURG LINKED TO CANCER, OECD SAYS

Luxembourg could save both lives and millions in extra expenditure with better
cancer prevention and early detection, report notes

--------------------------------------------------------------------------------

Foreign aid


LUXEMBOURG MAINTAINS DEVELOPMENT AID LEADERSHIP

Grand Duchy is only second to Norway in world ranking of international aid
donors

--------------------------------------------------------------------------------


Tax


PREMIUMGLOBAL MINIMUM TAX WILL BOOST REVENUES FOR TAX HAVENS, SAYS OECD

Corporate tax take to rise up to a third at hubs for multinationals such as
Luxembourg

--------------------------------------------------------------------------------


Economy


PREMIUMANNUAL INFLATION IN LUXEMBOURG HELD FIRM IN NOVEMBER: EUROSTAT

Grand Duchy is expected to experience a rise in inflation during the early
months of next year


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