The government has set up a comprehensive legal anti-corruption framework and the government generally implemented the relevant laws effectively (HRR 2017). Nonetheless, there have been some reports of government officials engaging in corruption with impunity (BTI 2018; HRR 2017). The OECD noted in its latest report on the implementation of the OECD Anti-Bribery Convention in Colombia that the country has made significant progress in implementing its anti-corruption framework (OECD 2018).
Colombia’s Penal Code and the Anti-Corruption Act criminalize abuse of office, active and passive bribery, the bribery of foreign officials, promising or offering gifts or an undue advantage, facilitation payments, extortion, trading in influence and money laundering. Bribery offenses by individuals may be punished with between three and ten years of imprisonment and fines ranging between 10 and 1000 months of salary (CMS 2018). There is no exception for facilitation payments under Colombian law, but ‘irrelevant’ small payments will generally not be prosecuted (CMS 2018). There is no corporate criminal liability in Colombia, but corporations may nevertheless face administrative fines (CMS 2018). Colombia passed the Transnational Corruption Act (TCA) (in Spanish) making bribery of foreign officials illegal in the country; enforcement of the law has been ramping up as of mid-2018 (FCPAméricas, Jul. 2018). Under the TCA, corporations can be hit with large administrative fines of up to USD 45 million and individuals can be imprisoned for up to 15 years (FCPAméricas, Apr. 2016). Having a compliance program in place is considered a mitigating factor for punishment under the law (FCPAméricas, Apr. 2016). Public officials must file annual financial disclosure forms with tax authorities, however, this information is not made public (HRR 2017). There is no formal whistleblower law in place, but draft legislation was being discussed as of mid-2018.
Colombia is party to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Colombia has also signed and ratified the Inter-American Convention Against Corruption and the United Nations Convention Against Corruption (UNCAC).