The OECD Convention on Bribery

"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"--

Auteur

Mark Pieth is Professor of Criminal Law at Basel University and Chairman of the OECD Working Group on Bribery in International Business Transactions. He serves as a Member of the Integrity Advisory Board of The World Bank Group (IAB) and is the founder and Chairman of the Board of the Basel Institute on Governance (BIG). Lucinda A. Low is a partner in the Washington, DC office of Steptoe and Johnson LLP, where she heads the firm's anti-corruption practice. Her practice includes advice and counsel to companies in preventing and mitigating risks of corruption in international business transactions and operations, conducting internal corporate investigations, and representation of companies in government and World Bank and other IFI investigations and enforcement actions. Nicola Bonucci is the OECD Director for Legal Affairs and the coordinator for accession. He focuses on general public international law issues, participating in the negotiation of international agreements, interpreting the basic texts of the Organisation, and providing legal opinions. Since 1997 he has been closely involved in the monitoring and follow-up of the OECD Anti-Bribery Convention.

Texte du rabat

This book provides an in-depth analysis of how states have stepped up their anti-bribery enforcement efforts in the recent past.

Résumé
This article-by-article commentary on the 1997 OECD Convention (which introduced criminal liability for individuals and companies who bribe foreign officials to win business) uses OECD evaluation reports to provide a comparative analysis of bribery legislation in forty countries. The editors and authors include practitioners and criminal law academics.

Contenu

1. Introduction Mark Pieth; 2. Article 1: the offence of bribery of foreign public officials Ingeborg Zerbes; 3. Article 2: the responsibility of legal persons Mark Pieth; 4. Article 3: sanctions Peter J. Cullen; 5. Article 3(3): seizure and confiscation Mark Pieth; 6. Article 4: jurisdiction Mark Pieth; 7. Article 5: enforcement Peter J. Cullen and Mark Pieth; 8. Article 6: statute of limitations Peter J. Cullen; 9. Article 7: money laundering Mark Pieth; 10. Article 8: accounting Gregory S. Bruch and Akita N. Adkins; 11. Articles 9-11: international co-operation Maurice Harari and Delphine Jobin; 12. Article 12: monitoring and follow-up Nicola Bonucci; 13. Articles 13-17: final provisions Nicola Bonucci; 14. The FCPA and the World Bank sanctions system: perspective of a corporate defence counsel Lucinda A. Low; 15. A resource guide to the US Foreign Corrupt Practices Act - the US government's perspective on enforcing the FCPA Philip Urofsky and Hee Won (Marina) Moon.