Multilateral agreements

The energy charter treaty (ECA) is a multilateral agreement on investment protection agreements signed by spain to protect domestic investment in the energy sector in many countries and foreign investments in Spain.

Maintains the standard features of an agreement on the protection of Investments.

Furthermore, the OECD Convention to combat Corruption committed to the signatory states to introduce the legal modifications needed in order to punish acts of bribery of foreign public officials made by their nationals, in order to obtain a benefit irregular in the implementation of international economic activities. It also sets out recommendations for companies to prevent the concealment of some expenditure in the accounting records and money-laundering.

The energy charter

For further information, please consult theThe treaty for the energy charter

OECD convention against corruption

The oecd countries adopted in 1997 the Fight against corruption of Foreign Public Officials in international commercial transactions (also known as “ Anticohecho Convention ”), together with the revised recommendation 2009 to strengthen the fight against corruption of foreign public officials in international commercial transactions and its Annexed (good practice guides) and the recommendation of 2009 on fiscal measures to strengthen the fight against corruption of foreign public officials in international commercial transactions, are the oecd instruments that oblige the member states to combat corruption of foreign public officials, tipificándose both money-laundering as a crime linked to corruption (these texts are available on the leaflet contained at the end of this page).

The convention aims to ensure free competition, not flawed by corrupt practices. This objective has been translated into the commitment undertaken by signatory states, to introduce the legal modifications needed in order to punish acts of bribery of foreign public officials made by their nationals, in order to obtain or retain a contract or other irregular benefit in the implementation of international economic activities.

This Convention, has been signed to date by 41 countries: the 34 members of oecd (Germany, Australia, Austria, belgium, canada, Chile, Korea, denmark, slovenia, spain, united states, Estonia, finland, france, greece, hungary, ireland, Israel, iceland, italy, japan, luxembourg, mexico, netherlands, new zealand, Netherlands, poland, Portugal, united kingdom, czech republic, slovakia, Sweden, switzerland and turkey), Argentina, brazil, Bulgaria, Colombia, latvia, russia and south africa.

The convention stipulates obligations for countries on four aspects:

  • In criminal matters.The convention establishes the obligation to define and punish the corruption made to benefit from any international agreement. This instrument also punishes complicity.
  • AccountingSets out recommendations for companies to prevent the concealment of some expenditure in the accounting records. Penalizes omissions, changes, fraud and counterfeiting of records, accounts, accounts and books for the purpose of concealing bribery.
  • Money laundering:The payment of detecting illegal bribery related to international transactions is enough to trigger the application of legislation against money-laundering to which such payments may be confiscated.
  • Mutual legal assistance:If international financial channels used to hide or conduct international bribery, the convention obliges signatory countries to provide timely legal support, in addition to establishing provisions relating to extradition.

For further information, please consult the following information booklet, co-edited by the ministry of economy and competitiveness and the ministry of justice, and entitledThe OECD convention to combat Corruption – information for spanish companies with activities abroad [PDF]”.

They can also learn both on theThe conventionas on the allegations of acts or practices of corruption in international commercial transactions in the website of theMinistry of justiceas well as in its sectionOECD - Fight against corruption.