Extraterritorial Effects Of Oecd Based Anti Bribery Laws In Theory And Practice

Author : Branislav Hock
Publisher : Routledge
Page : 262 pages
File Size : 41,7 Mb
Release : 2019-09-11
Category : Business & Economics
ISBN : 9780429662768

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Extraterritoriality and International Bribery by Branislav Hock Pdf

The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.

Author : OECD
Publisher : OECD Publishing
Page : 128 pages
File Size : 42,7 Mb
Release : 2016-12-09
Category : Electronic
ISBN : 9789264940963

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The Liability of Legal Persons for Foreign Bribery A Stocktaking Report by OECD Pdf

This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.

Author : Gerry Ferguson
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:981111616

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Global Corruption by Gerry Ferguson Pdf

Author : OECD
Publisher : OECD Publishing
Page : 221 pages
File Size : 51,7 Mb
Release : 2019-03-10
Category : Electronic
ISBN : 9789264677852

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Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention by OECD Pdf

Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.

Author : OECD
Publisher : OECD Publishing
Page : 160 pages
File Size : 42,7 Mb
Release : 2017-12-12
Category : Electronic
ISBN : 9789264368149

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The Detection of Foreign Bribery by OECD Pdf

The OECD Anti-Bribery Convention focuses on enforcement through the criminalisation of foreign bribery but it is multidisciplinary and includes key requirements to combat money laundering, accounting fraud, and tax evasion connected to foreign bribery. The first step, however, in enforcing foreign bribery and related offences is effective detection. This study looks at the primary sources of detection for the foreign bribery offence and the role that certain public agencies and private sector actors can play in uncovering this crime. It examines the practices developed in different sectors and countries which have led to the successful detection of foreign bribery with a view to sharing good practices and improving countries’ capacity to detect and ultimately step-up efforts against transnational bribery. The study covers a wide range of potential sources for detecting foreign bribery: self-reporting; whistleblowers and whistleblower protection; confidential informants and cooperating witnesses; media and investigative journalism; tax authorities; financial intelligence units; other government agencies; criminal and other legal proceedings; international co-operation and professional advisers.

Author : Kevin E. Davis
Publisher : Oxford University Press
Page : 304 pages
File Size : 41,7 Mb
Release : 2019-07-31
Category : Law
ISBN : 9780190070823

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Between Impunity and Imperialism by Kevin E. Davis Pdf

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

Author : Homer E Moyer Jr
Publisher : Law Business Research Ltd.
Page : 216 pages
File Size : 55,6 Mb
Release : 2017-03-28
Category : Electronic
ISBN : 9781912377565

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Anti-Corruption Regulation by Homer E Moyer Jr Pdf

Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 54,8 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Author : OECD
Publisher : OECD Publishing
Page : 128 pages
File Size : 47,6 Mb
Release : 2014-04-23
Category : Electronic
ISBN : 9789264203501

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Illicit Financial Flows from Developing Countries Measuring OECD Responses by OECD Pdf

This publication identifies the main areas of weakness and potential areas for action to combat money-laundering, tax evasion, foreign bribery, and to identify, freeze and return stolen assets.

Author : Cedric Ryngaert
Publisher : OUP Oxford
Page : 300 pages
File Size : 55,7 Mb
Release : 2015-04-16
Category : Law
ISBN : 9780191002212

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Jurisdiction in International Law by Cedric Ryngaert Pdf

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Author : Prof. S.C. Bleker-van Eyk,R.A.M. Houben
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 53,9 Mb
Release : 2017-08-25
Category : Law
ISBN : 9789041188199

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Handbook of Compliance & Integrity Management by Prof. S.C. Bleker-van Eyk,R.A.M. Houben Pdf

This handbook is the first resource to provide a scientific analysis of the nature of compliance. It examines the subject from such crucial and varied perspectives as ethics, behavioral science, risk management, accounting, and European and international law. Much more than a critical approach to the existing practice of supervision, it provides a wealth of information, guidance, and valuable insights for the day-to-day work of compliance officers. With chapters contributed by lecturers of VU University Amsterdam’s flourishing post-doctoral Executive Master Program in Compliance and Integrity Management – which fosters alternatives such as greater trust in self-regulation and market discipline – the book explores such aspects of compliance and integrity management as the following: • monitoring risk compliance and integrity; • stakeholder and reputation management; • conflicts of interest; • anti-bribery; • export controls; • extraterritorial jurisdiction of U.S. legislation; • fraud; • duty of care; • market abuse; • privacy; and • competition. The analysis throughout is supported by a comprehensive study of the literature concerning the raison d'être of supervision and regulation. Meeting the need for an in-depth analysis of the expanding field of compliance and integrity management, this book is a milestone in a field that is rapidly growing in importance across a wide spectrum of business and professional activity. It will prove an essential practical resource for company or institutional officers worldwide in setting up a compliance function in their organization. Well known as a consultant in compliance-related matters, Sylvie C. Bleker-van Eyk is currently Senior Director at PricewaterhouseCoopers Forensic Services, Chair of the Supervisory Committee on Monitoring Anti–Money Laundering Policy at WODC, the Research and Documentation Centre of the Netherlands Ministry of Security and Justice, and Professor and Program Director of Postgraduate Education in Compliance and Integrity Management at VU University Amsterdam. Raf A. M. Houben is Head of Compliance and Security at HDI Global SE–The Netherlands in Rotterdam, and program coordinator and lecturer at the same Postgraduate Education in Amsterdam.

Author : Régis Bismuth,Jan Dunin-Wasowicz,Philip M. Nichols
Publisher : Taylor & Francis
Page : 585 pages
File Size : 54,9 Mb
Release : 2021-05-27
Category : Law
ISBN : 9781000389821

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The Transnationalization of Anti-Corruption Law by Régis Bismuth,Jan Dunin-Wasowicz,Philip M. Nichols Pdf

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Author : Ms Sharon Eicher
Publisher : Gower Publishing, Ltd.
Page : 262 pages
File Size : 49,5 Mb
Release : 2012-08-28
Category : Business & Economics
ISBN : 9781409459927

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Corruption in International Business by Ms Sharon Eicher Pdf

It is common practice to assume that business practices are universally similar. Business and social attitudes to corruption, however, vary according to the wide variety of cultural norms across the countries of the world. International business involves complex, ethically challenging, and sometimes threatening, dilemmas that can involve political and personal agendas. Corruption in International Business presents a broad range of perspectives on how corruption can be defined; the responsibilities of those working for publicly traded companies to their shareholders; and the positive influences that corporations can have upon combating international corruption. The authors differentiate between public and private sector corruption and explore the implications of both, as well as methods for qualifying and quantifying corruption and the challenges facing policy makers, legal systems, corporations, and NGOs, as they seek to mitigate the effects of corruption and enable cultural and social change.

Author : Rohan D. Clarke
Publisher : Taylor & Francis
Page : 228 pages
File Size : 42,9 Mb
Release : 2022-11-18
Category : Law
ISBN : 9781000785968

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Illicit Finance and the Law in the Commonwealth Caribbean by Rohan D. Clarke Pdf

This book provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposés such as the ‘Paradise’, ‘Panama’ and ‘Pandora’ Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of ‘rogue’ States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised crime networks and terrorist financiers. This book challenges conventional wisdom that Commonwealth Caribbean States are among the ‘weakest links’ within the global ecosystem to counter illicit finance. It achieves this by unmasking latent interests, and problematising coercive extraterritorial regulatory and surveillance practices, along the onshore/offshore and Global North/South axes. Interdisciplinary in its outlook, the book will appeal to policymakers, regulatory and supervisory authorities, academics and students concerned with better understanding legal and development policy issues related to risk-based regulatory governance of illicit finance. The book also provides an interesting exposition of substantive legal and policy issues arising from money laundering related to corruption and politically exposed persons, offshore finance, and offshore Internet gambling services.

Author : OECD,Asian Development Bank
Publisher : OECD Publishing
Page : 218 pages
File Size : 47,5 Mb
Release : 2009-12-03
Category : Electronic
ISBN : 9789264077010

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ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Strategies for Business, Government and Civil Society to Fight Corruption in Asia and the Pacific by OECD,Asian Development Bank Pdf

This conference proceedings explores (i) incentives for anti-corruption reform; (ii) the role of criminal law standards and corporate compliance mechanisms; (iii) private-to-private corruption; (iv) preventing and managing conflicts of interest and (v)involving development partners.