(US$ 18,500) and 60,000 Swedish krona (US$ 9,250), while charges against a third executive were dropped.414 Two former managers of the truck manufactures Scania AB were charged in November 2012, also in connection to illicit payments relating to the Oil-for-Food Programme, with the trial due to start in 2013.415 On 17 July 2013, the Stockholm City Court issued a judgment concerning foreign bribery where two former executives of Sweco were convicted. The case concerned Sweco´s involvement in a public bidding process over a public water supply project in the Ukraine. The former executives were given conditional sentences equivalent to four and five months, respectively, in prison. The judgment has been appealed. In recent years, there have been six investigations initiated, specifically two in 2011, three in 2012 and one in 2013. One of the investigations initiated in 2011 relates to the demining equipment manufacturing company Countermine Technologies AB (put in liquidation in October 2010) in connection with alleged bribery and fraud in Libya, though part of that investigation was closed in December 2010 and there is no further information on the investigation.416 Of the investigations initiated in 2012, information is only available on one, namely TeliaSonera AB and particularly only through media reports (see details in case studies).417
Access to Information Information on both case and investigation numbers and details is readily available.
Inadequacies in Legal Framework The major deficiencies in the legal framework are inadequate provisions for holding corporations responsible for bribery and inadequate sanctions, relating to fines in particular. The maximum fine for corporations and other legal entities is only 10 million Swedish krona (US$1.5 million). This is not considered by Transparency International Sweden to be an effective deterrent. Furthermore, the Phase 3 report of June 2012 recommended that Sweden “amend its framework on ‘corporate fines’ to ensure that companies are held liable for foreign bribery, including when committed through lower-level employees, intermediaries, subsidiaries, and third-party agents who were directed or authorised to bribe by the highest level of managerial authority.”418 Sweden also lacks legislation for the protection of whistleblowers. There is still a requirement of dual criminality, meaning that Swedish courts will not accept jurisdiction if foreign bribery is not also a criminal offence in the jurisdiction in which the bribery is committed.
Inadequacies in Enforcement System The enforcement system is generally sound, with inadequate whistleblower protection being the main concern. The Phase 3 report noted that Sweden needs to more diligently investigate potential links between Swedish companies and allegations of foreign bribery committed by intermediaries; that it must significantly increase awareness amongst the general public of foreign bribery and its consequences; and that the necessary resources are made available, including in particular for the training of investigators on how to carry out investigations into foreign bribery.419 The Phase 3 report also urges Sweden to encourage companies to adopt adequate internal controls, ethics, and compliance programmes or measures.
414
Ibid. The Local, 15 November 2012, “Ex-Scania managers charged over Iraq deal”, www.thelocal.se/44434/20121115/#.UWhTzKBNKSo. 416 The OECD Working Group on Bribery Phase 3 Report on Implementing the OECD Anti-Bribery Convention in Sweden, June 2012 (Phase 3 Report on Sweden 2012), www.oecd.org/daf/anti-bribery/Swedenphase3reportEN.pdf 417 Bloomberg, 1 February 2013, “TeliaSonera Chief Nyberg Quits After Uzbek Bribery Report” www.bloomberg.com/news/2013-02-01/teliasonera-chief-nyberg-quits-before-contract-runs-out.html. 418 Phase 3 report on Sweden 2012. 419 Phase 3 report on Sweden 2012. 415
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