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

Investment Rating - The report indicates that Portugal has fully implemented 5 recommendations, partially implemented 20 recommendations, and not implemented 20 recommendations regarding the OECD Anti-Bribery Convention [6]. Core Insights - Portugal has made progress in implementing several Phase 4 recommendations, particularly in increasing resources and expertise for law enforcement authorities, which has led to indictments in ongoing foreign bribery cases [7]. - However, significant concerns remain regarding the legal framework and enforcement actions, with no convictions or sanctions imposed for foreign bribery since the adoption of the Phase 4 report [9]. Summary of Findings - Portugal's efforts include the effective implementation of the National Anti-Corruption Mechanism and improved feedback from the Financial Intelligence Unit regarding suspicious transaction reports [7]. - Despite these efforts, Portugal has not adequately addressed recommendations related to whistleblower protection and maintaining detailed statistics on foreign bribery cases [7]. - Longstanding legal framework concerns persist, particularly regarding the lack of sanctions for natural persons and the absence of amendments to ensure effective corporate liability for foreign bribery [7][9]. Recommendations Regarding Prevention and Detection of Foreign Bribery - Portugal has partially implemented measures to raise awareness of corruption among public officials, but specific training on foreign bribery remains insufficient [10]. - The country has taken limited steps to clarify whistleblower protections and broaden the definition of retaliation [11]. - There are ongoing efforts to enhance training for law enforcement and public officials regarding money laundering and foreign bribery, but further action is needed [12]. Recommendations Regarding Enforcement of Foreign Bribery and Related Offences - Portugal has not implemented key recommendations regarding the imposition of fines as sanctions for foreign bribery, which raises concerns about the effectiveness of penalties [15]. - While some training sessions for judges and prosecutors have been organized, there is a need for broader dissemination of good practices related to sanctions [15]. - The country has made progress in confiscation measures related to foreign bribery cases, but further training and awareness are necessary [15]. Recommendations Regarding Liability of, and Engagement with, Legal Persons - Portugal has not taken steps to ensure that the liability of legal persons for foreign bribery is not contingent on the conviction of associated natural persons [20]. - Concerns remain regarding the vague definition of the defense of acting against express orders, which could allow companies to evade liability for foreign bribery [20].