Anti-Corruption 2025

AUSTRIA Law and Practice Contributed by: Michael Rohregger, Rohregger Rechtsanwälte

1. Legal Framework 1.1 International Conventions Austria has signed and ratified the following con - ventions. • The Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (ratified by Federal Law Gazette III 176/1999). Active bribery of foreign public officials as stated in Article 1 (1) of the OECD Anti-Bribery Con - vention has been transposed into law (at least in part) by way of Section 307 of the Austrian Criminal Code ( Strafgesetzbuch , StGB) in the version as published in Federal Law Gazette I 153/1998; see also the definition of a “pub - lic official” in Section 74 (1) clause 4a of the Austrian Criminal Code. • The United Nations Convention against Cor - ruption (UNCAC) dated 31 October 2003 (ratified by Federal Law Gazette III 2006/47, transposed into law by way of Federal Law Gazette I 109/2007). • The Council of Europe’s Civil Law Conven - tion on Corruption 1999 (ratified on 30 August 2006). • The Council of Europe’s Criminal Law Con - vention on Corruption dated 27 January 1999 (ratified on 25 September 2013). • The Convention on the fight against corrup - tion involving officials of the European Com - munities or officials of Member States of the European Union dated 26 May 1997 (ratified by Federal Law Gazette III 2000/38, trans - posed into law in particular by way of Section 74 (1) clause 4a (Section 304/307 (1) clause 1) of the Austrian Criminal Code). • The Convention on the protection of the Euro - pean Communities’ financial interests dated 26 July 1995; Protocol to the Convention on

the protection of the European Communities’ financial interests; Protocol on the interpre - tation, by way of preliminary rulings, by the Court of Justice of the European Communi - ties of the Convention on the protection of the European Communities’ financial interests (ratified by Federal Law Gazette III 267/2002). Since 1 December 2006, Austria has been a member of the Council of Europe’s Group of States against Corruption (GRECO). 1.2 National Legislation The main provisions of criminal law relating to corruption are contained in segment 22 of the Austrian Criminal Code (criminal offences relat - ing to public officials, corruption and other related criminal offences). Individual offences contained in segment 6 of the Austrian Crimi - nal Code (criminal offences against third-party assets) also represent an attempt to counter cor - ruption, particularly in the private sector. In addition, the constituent elements of criminal offences as contained in the Austrian Financial Crime Act ( Finanzstrafgesetz ), in the Austri - an Foreign Trade and Payments Act ( Außen- wirtschaftsgesetz ) and in the Austrian Federal Act against Unfair Competition ( Bundesgesetz gegen den unlauteren Wettbewerb ) also serve to combat corruption. The Austrian Corporate Liability Act ( Verbandsverantwortlichkeitsgesetz ) governs the responsibility of legal entities and registered partnerships. Any disciplinary conse - quences for public officials are set out in other legal provisions. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation In theory, there are no guidelines on interpreta - tion. However, in practice, the courts adhere to the case law of the supreme courts.

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