International Anti-Corruption Resources

International organizations routinely incorporate anti-corruption efforts into their good governance programs. An OECD treaty outlaws the bribery of foreign public officials, and the United Nations has promulgated a broad-based anti-corruption treaty. The arbitral system for international dispute resolution increasingly confronts allegations of corruption. Scholars are beginning to document the costs of corruption for the citizens of developing countries and for the integrity of international business dealings. The editors, Susan Rose-Ackerman and Paul D. Carrington bring together a diverse group of authors to evaluate these ongoing anti-corruption efforts and to consider whether new directions are warranted.

Corruption is an increasingly widespread global problem which affects many people, governments, industry sectors and jurisdictions. In recent years, many countries, international organisations, multilateral banks and social, entrepreneurial and legal organisations have sought to create an improved legal environment in which to tackle corruption, by creating rules that restrict discretional powers, limit wrongful practices and sanction guilty parties. The result is the development of an assortment of international and local laws and regulations, best practices and many other tools that are being implemented with differing results. Some countries have achieved outstanding results, while others continue to fight a long and difficult battle against corruption.

As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis.

The current theory of corporate social responsibility (CSR) is developing along three interwoven lines - oral, social, and environmental. Although everybody recognizes that although CSR is of growing concern in a globalized economy, it being at the top of the board of director's agenda and also good for business, there is no sign of consensus on its rules, structures, or procedures. Now, this collection of essays by leading jurists, businesspeople, and academics takes a giant step toward a more cohesive and durable set of principles that can contribute to a cleaner environment and a better society while respecting and protecting the interests of all stakeholders.

The increasing importance of corporate social responsibility (CSR) means that companies must consider multi-stakeholder interests as well as the social, political, economic, environmental and developmental impact of their actions. However, the pursuit of profits by multinational corporations has led to a series of questionable corporate actions and the consequences of such practices are particularly evident in developing countries.

In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights.

Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.

Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus.The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes.

New anti-corruption laws and intensified law enforcement - in particular, in Organization for Economic Co-operations and Development (OECD) Member States - are motivating companies to implement sound anti-corruption compliance programs. This will help reduce risk and may also serve as a business tool. Yet, companies are increasingly voicing the need for a harmonized approach to compliance. The OECD Guidance, enacted in 2010, may well serve as a template for such a standard, since it has been adopted by the Member States of the OECD by unanimity. This book gives an introduction to anti-corruption compliance and the OECD standards in particular. It will help managers and other corporate practitioners identify the needs for their company and know what to ask for.

The International Chamber of Commerce's Ethics and Compliance Training Handbook, prepared by members of the ICC Commission on Corporate Responsibility and Anti-corruption outlines the challenges that large, medium-sized and smaller companies face as they construct and execute their corporate compliance program. This volume is a training tool and a practical guide providing hands-on guidance from field experts. Each chapter addresses a key compliance topic.

A companion volume to the International Handbook on the Economics of Corruption published in 2006, the specially commissioned papers in Volume Two present some of the best policy-oriented research in the field. They stress the institutional roots of corruption and include new research on topics ranging from corruption in regulation and procurement to vote buying and private firm payoffs. Understanding the consequences of corrupt transactions requires one to know what is being bought with a bribe and how the behavior of public and private actors has been affected. The contributors therefore emphasize how the economic analysis of corruption must take account of the broader context within which bribery and self-dealing operate.

It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption which represent the international legal framework against corruption. This study begins by tracing the emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects.

The OECD Convention on Bribery established an international standard for compliance with anti-corruption rules, and has subsequently been adopted by the thirty-four OECD members and six non-member countries. As a result of the Convention and national implementation laws, companies and managers now risk tough sanctions if they are caught bribing foreign officials. The UK Bribery Act 2010 is only one example of this development. The second edition of this, the only commentary on the Convention, provides law practitioners, company lawyers and academic researchers with comprehensive guidance on the OECD standards. It includes case examples as well as the FCPA Resource Guide 2012 and the 2009 OECD Recommendation for Further Combating Bribery of Foreign Public Officials with Annexes I and II.

Despite significant developments in anti-corruption law and policy over the last 20 years, corruption still remains a deep and pressing problem. The profoundly negative consequences of corruption in a global world make the need for effective mechanisms to combat it particularly urgent. This book presents private remedies as a necessary next step in the fight against corruption. It examines how the public role of the state and private actions by individuals intersect and complement each other in the fight against corruption.

This book explores the breadth and limitations of diplomatic immunity in the fight against corruption. It discusses the juxtaposition between anti-corruption initiatives and the principles of public international law in respect to diplomatic immunity. Today, where a very large number of nations look to richer States for economic aid, it is inevitable that the former status quo of non-interference in internal matters will be reconsidered.

Over millennia, corruption has defiantly juxtaposed itself against the mores of justice, democracy, and human rights. A close look at the relationship between corruption and human rights demonstrates how corruption violates human rights both directly and indirectly. Even so, existing governmental and inter-governmental conventions do not fully consider this relationship between human rights and corruption. In fact, focusing on guaranteeing human rights can actually be a useful preventative tool for corruption, especially through mechanisms such as ensuring non-discrimination and participation in human rights in general. Therefore, an integral approach is needed.

What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements.

This treatise highlights substantial forms of risk, trends in high-risk industries, and legal trends in significant jurisdictions to help legal and compliance professionals worldwide navigate the complex and ever-changing anti-corruption landscape. Written by reputable anti-corruption and compliance experts, the book reviews the origins, meaning, and application of U.S. anti-corruption laws, focusing on the Foreign Corrupt Practices Act (FCPA), as well as the comparative laws and practices of several other countries.

A perfect companion to Bribery Abroad, this book continues the story of the U.S. Foreign Corrupt Practices Act (FCPA)--America's far-reaching law against overseas bribery. It talks about notable cases, shows how the FCPA works, and tells what companies and individuals must do to comply with the law. Written in a style and language suitable for anyone who wants a better understanding of the Foreign Corrupt Practices Act, Bribery Everywhere brings its subject to life.

a former assistant U.S. attorney discusses all aspects of bribery in international commerce. This treatise provides especially useful guidance on proper corporate governance and bribery detection and prevention programs. It examines the definition of the crime under the Foreign Corrupt Practices Act (FCPA); persons subject to the act; available defenses; potential liability for related white collar crimes (e.g., tax evasion, wire fraud, RICO violations, etc.); international agreements, conventions, and standards concerning bribery in international commerce; and the Dodd-Frank Consumer Protection Act's effect on FCPA violation reporting responsibilities. The text also includes several citations to, and explanations of, unpublished settlement decisions with the SEC, DOJ, and other enforcement agencies.

Doing business overseas means learning new ways of negotiating. It also means understanding when an accepted and even expected "gift" to the other party will be considered a bribe under the U.S. Foreign Corrupt Practices Act (FCPA).The new second edition of Doing Business Under the Foreign Corrupt Practices Act gives you that vital legal and procedural information.

In this book, the authors explore the relationship between federal procurement and the FCA. The chapters describe the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts. They also describe the complex process for initiating, litigating, and resolving FCA actions, and how those processes interact with the complexities of performing and closing out government contracts. In addition, they describe the substantive requirements and evolving evidentiary challenges of litigating a FCA case in a government contracts context. Finally, they describe possible modifications to the FCA that have the potential to improve compliance and reduce costs, as well as additional areas of likely FCA enforcement outside of the traditional realms of government contracts and government-funded healthcare.

Accompanied by supporting guidance, an easy-to-follow series of detailed bullet points provides a checklist as to the various factors that need to be considered and the steps that need to be taken in implementing an effective compliance program. Compact and tightly written, this book is designed to be distributed among management and staff of companies, organizations, and other entities engaged internationally. In addition to providing an excellent primer on the key aspects of the FCPA and the UK Bribery Act and on implementing an effective compliance program, as its title implies, this timely publication provides a handy and ready reference when questions arise.

In 2010, the Dodd-Frank Act created a new Securities and Exchange Commission Whistleblower Program, imposed a three-year statute of limitations on FCA retaliation actions, and expanded protections for whistleblowers. Federal False Claims Act and Qui Tam Litigation is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or "relator," this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases--the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.

Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement covers all aspects of the FCPA. It methodically explains its stringent accounting and record keeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects. The authors, expert practitioners specializing in FCPA cases, reveal numerous hidden pitfalls and provide helpful guidance for attorneys dealing with almost any FCPA-related eventuality.

With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners. Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You'll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.

This book provides an in-depth analysis of the FCPA and significantly expands upon the first with critical updates reflecting the latest developments of the Act; a broader and more expansive analysis of the FCPA, including those aspects that relate directly to Sarbanes-Oxley; and a detailed analysis of the debarment practices associated with the anti-corruption policies of the World Bank Group.

Provides commentary and materials relating to the Foreign Corrupt Practices Act including the statute itself, its legislative history, and amendments. This set includes SEC documents on accounting aspects of FCPA; Department of Justice FCPA review/opinion procedure releases; important decisions relating to FCPA; information on the OECD Antibribery Convention and issues relating to other transnational bribery laws; and suggestions for drafting foreign agency contracts and for specific compliance programs, including sample language.

This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues. In The Foreign Corrupt Practices Act in a New Era, Professor Koehler dissects the FCPA's new era and confronts the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions. Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the 'world's most ethical FCPA violators,' 'the façade of enforcement' the 'three buckets' of FCPA financial exposure, 'FCPA Inc. and the business of bribery,' and the 'offensive use' of the FCPA.