Author: Stuart H. Deming
Publisher: Oxford University Press
Release Date: 2014-06-17
Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.
Author: Jacinta Anyango Oduor
Publisher: World Bank Publications
Release Date: 2013-12-11
Genre: Business & Economics
Over the past decade, countries have increasingly used settlements that is, any procedure short of a full trial to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions notably through the lens of recovery of stolen assets. Left out of the Bargain, a study by the Stolen Asset Recovery Initiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery. Using the United Nations Convention against Corruption (UNCAC) as its point of reference, the study addresses concerns voiced by the international community: What happens to the money associated with the settlements, and is it being returned to those most directly harmed by the corrupt practices? And what can be done to assist those countries harmed by foreign bribery? Left out of the Bargain has found that 395 settlement cases took place between 1999 and mid-2012, resulting in a total of US$6.9 billion in monetary sanctions imposed against companies and individuals. Of this amount, nearly US$6 billion came from settlements that took place in a country different from that of the allegedly bribed foreign public officials. But only about US$197 million, or 3 percent, has been returned or ordered returned to the countries whose officials were accused of accepting bribes. Left out of the Bargain urges countries whose officials were allegedly bribed to intensify their efforts to investigate and prosecute the providers and recipients of foreign bribes, hence improving these countries' prospects for recovery of assets lost through corruption. The study also calls for more proactive international cooperation and coordination to ensure that all affected countries are afforded the opportunity to seek redress for harms suffered and for the recovery of assets thus fulfilling the principles set out in UNCAC.
Author: Mark Pieth
Publisher: Cambridge University Press
Release Date: 2013-12-19
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.
Author: Ministry of Justice
Publisher: The Stationery Office
Release Date: 2009-03-01
Genre: Political Science
The current statutory criminal law of bribery is functional and cases are prosecuted successfully, but it is old and anachronistic, has never been consolidated and there are inconsistencies of language and concepts between the various provisions and a small number of potentially significant gaps in the law. The result is a bribery law which is difficult to understand for the public and difficult to apply for prosecutors and the courts. This draft legislation follows the Law Commission's consultation paper (no 185, ISBN 9780118404457) and final report ("Reforming bribery", Law Com. 313, ISBN 9780102958164). The purpose of the draft Bill is to reform the criminal law of bribery to provide for a new consolidated scheme of bribery offences to cover bribery both in this country and abroad. The Bill replaces the offences at common law and under the Prevention of Corruption Acts 1889 to 1916 with two general offences covering the offer, promise and giving of an advantage or the request, agreeing to receive or acceptance of an advantage. The Bill also creates a discrete offence of bribery of a foreign public official and a new offence of negligent failure of commercial organisations to prevent bribery. The other main provisions of the Bill include: extra-territorial jurisdiction to prosecute bribery committed abroad by persons ordinarily resident in the UK as well as UK nationals, and UK corporate bodies; replacing the existing requirement for the Attorney General's consent to prosecute a bribery offence; a maximum penalty of 10 years imprisonment for all new offences, save the corporate offence, which will carry an unlimited fine.
Author: Colin Alfred Arthur Nicholls
Publisher: Oxford University Press
Release Date: 2011-09-29
This book provides a comprehensive and detailed analysis of the law relating to corruption and misuse of public office, including specialist issues such as whistleblowing. This new edition covers major developments in the area since the publication of the first edition, and includes full coverage of the Bribery Act 2010.
Author: Organisation for Economic Co-operation and Development. Working Group on Bribery in International Business Transactions
Release Date: 2007-08
Genre: Business & Economics
Under the OECD Anti-Bribery Convention, "The Convention against Bribery of Foreign Public Officials in International Business Transactions", each of the 30 OECD Members and 5 associate members commits to outlaw bribery of foreign public officials and submits to a rigorous review of its legal provisions and enforcement efforts. The Convention entered into force in 1999. Country reviews are carried out by the OECD Working Group on Bribery in International Business Transactions whereby all Parties to the Convention are represented. Each country report examines how national laws and rules implement the OECD Anti-Bribery Convention, how enforcement is assured and how related civil law aspects are applied in practice. Reports in this series present Phase II findings including what works well in countries as well as shortcomings in the effective prevention, detection and prosecution of foreign bribery cases. Key national legal provisions are also included.--Publisher's description.
Author: Stefano Manacorda
Publisher: Springer Science & Business
Release Date: 2014-04-28
Genre: Social Science
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Release Date: 1876
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author: Mark Pieth
Publisher: Springer Science & Business Media
Release Date: 2011-04-20
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.