Foreign bribery investigation and prosecution

This Background Paper on the current practice of foreign bribery prosecutions and investigations, focuses specifically on non-trial resolutions (NTRs) that have emerged as the predominant mode of anti foreign bribery enforcement today. The central argument made in this paper is that NTRs are more supportive of the development agenda and should be promoted and leveraged by the FACTI Panel. NTRs have shifted the focus of anti-foreign bribery enforcement from punishment ex post, to corruption prevention ex ante. This has fundamentally changed the way corporations do business. It also addresses the impunity of the pre-NTR era. To this end, understanding how NTRs promote corruption prevention is important. So too, is an awareness of the criticisms and development gaps in the existing NTR framework. In addition, to link what has been, up till now, essentially a supply-side Western country anti-corruption enforcement tool, to demand-side anti-corruption enforcement efforts, this paper humbly provides a very preliminary proposal on how supply-side NTRs can be leveraged to develop a demand-side NTR process.

Lees verder:

• Foreign bribery investigation and prosecution, FACTI Panel Background Paper