"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"--
Daugiau informacijos
This book provides an in-depth analysis of how states have stepped up their anti-bribery enforcement efforts in the recent past.
| Notes on Contributors |
|
vii | |
| Foreword |
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xi | |
| Acknowledgements |
|
xiii | |
| Abbreviations |
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xiv | |
| Part I: Introduction |
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1 | (56) |
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3 | (54) |
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| Part II: Commentary |
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57 | (552) |
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Article
1. The Offence of Bribery of Foreign Public Officials |
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59 | (153) |
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Article
2. The Responsibility of Legal Persons |
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212 | (40) |
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252 | (53) |
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Article 3(3). Seizure and Confiscation |
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305 | (17) |
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322 | (27) |
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349 | (48) |
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Article
6. Statute of Limitations |
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397 | (25) |
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Article
7. Money Laundering |
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422 | (25) |
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447 | (39) |
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Articles 9-11. International Co-operation |
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486 | (48) |
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Article
12. Monitoring and Follow-up |
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534 | (43) |
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Articles 13-17. Final Provisions |
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577 | (32) |
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| Part III: The Convention in Practice |
|
609 | (116) |
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Preventing and Defending Against Vicarious and Successor Liability under National and International Transnational Bribery Regimes |
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611 | (73) |
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A Resource Guide to the US Foreign Corrupt Practices Act: the US Government's Perspective on Enforcing the FCPA |
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684 | (41) |
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| Annex: OECD Documents |
|
725 | (58) |
| Consolidated Bibliography |
|
783 | (36) |
| Index |
|
819 | |
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.
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