The OECD Working Group on Bribery has expressed deep concerns over Poland’s failure to make meaningful progress in implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. At its December 2024 meeting, the Working Group urged Poland to urgently develop an action plan to address significant deficiencies, following an evaluation that found most of the recommendations made in 2022 remain unimplemented. One of the primary issues raised is Poland’s lack of progress in ensuring prosecutorial and judicial independence, a requirement under Article 5 of the Convention. While a law was passed in July 2024 to ensure the majority of the National Council of Judiciary members are elected independently of executive and legislative influence, it has yet to take effect. The delay stems from a review by the Constitutional Court, initiated by the President of the Republic. Meanwhile, the Minister of Justice continues to serve as Prosecutor General, retaining considerable control over the Prosecutor’s Office and the judiciary. No measures have been introduced to curb executive influence in appointing, disciplining, or removing prosecutors. Additionally, the Minister of Justice retains the authority to disclose information on ongoing investigations for broadly defined reasons, further undermining judicial independence. The Working Group also criticized Poland’s ineffective approach to corporate liability for foreign bribery, which requires the conviction of a natural person before corporate entities can be held accountable. This legal hurdle severely limits the application of corporate liability. Furthermore, the lack of a national strategy to combat foreign bribery and the Ministry of Foreign Affairs’ apparent disinterest in detecting or raising awareness of the issue were noted as significant shortcomings. Protections for whistleblowers under a recently enacted law were deemed inadequate, leaving those who report bribery vulnerable to retaliation without effective remedies. Despite these criticisms, the Working Group acknowledged some positive steps. The Polish financial intelligence unit has fully implemented recommendations related to money laundering predicated on foreign bribery. Additionally, the Deputy Prosecutor General has issued guidelines to improve the investigation and prosecution of foreign bribery cases. To address these concerns, the OECD Working Group has requested that Poland prepare an action plan outlining how it will implement priority recommendations. This marks an important escalation in the OECD’s monitoring process under its 4th Round of mutual evaluations. Poland’s action plan will be reviewed at the Working Group’s next plenary meeting in March 2025. The Group’s call for action reflects growing frustration with Poland’s inability to address critical issues in combating foreign bribery. Failure to act could prompt the OECD to consider additional measures to ensure Poland’s compliance with the Convention. Source: OECD