The OECD Working Group on Bribery has been setting global standards for fighting foreign bribery since the adoption of the Anti-Bribery Convention in 1997. Among these standards, the Convention requires Parties to establish systems of liability of legal persons and to provide that firms found guilty of foreign bribery are subject to “effective, proportionate and dissuasive” sanctions.
Entries in OECD Working Group on Bribery (9)
It is a somewhat common refrain that while corporate executives and companies pressured into paying bribes overseas face prosecution under the FCPA, the foreign officials who solicit, demand, and even extort the bribes go scot-free. As with many refrains, however, the reality is more complex.
In the prior post I talked about enforcement efforts that lagged in the Netherlands but are now gaining more traction. This post will cover recent amendments to the Dutch Criminal Code that are helping authorities prosecute overseas bribery, and Dutch civil remedies used to fight graft.
There is still the (dangerous) myth -- especially in media and sometimes at enforcement agencies -- that compliance has failed when a company reports acts of misconduct.
Even the most ardent Francophile, as I most assuredly am, must be dismayed by France’s abysmal record of bribery prosecutions. Recent OECD Anti-Bribery Convention Working Group reports reveal France’s inexorable zero. While France has contributed significantly to the global anti-corruption regime through its part in seizing Obiang family assets as well as referring evidence in the KBR cases to the U.S., nevertheless when it comes to prosecuting its own French based multinationals, France is failing.
Today the OECD’s Working Group on Bribery issued its Statement on France’s Implementation of its Anti-Bribery Convention. While acknowledging some progress, it expresses “serious concerns for France’s limited efforts to comply with the OECD Convention….and strongly encourages France to pursue the reforms which were previously announced and remain necessary.”
Tanzania has asked for help to find out if money moving into bank accounts in Switzerland was stolen from the government through fraud and corruption.
The Resource Guide to the U.S. Foreign Corrupt Practices Act was published by the Department of Justice and the U.S. Securities and Exchange Commission in November 2012. The Guide, the merits of which have been widely debated on the FCPA Blog, is now the subject of extensive discussion in the second edition of the Cambridge University Press Commentary on the OECD Convention on Bribery.