Download or read book A New Strategy for Preventing Bribery and Extortion in International Business Transactions written by Bruce W. Klaw and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty-five years, governments worldwide have been engaged in an important and laudable battle against bribery in international business transactions. The core of the U.S. anti bribery strategy is the Foreign Corrupt Practices Act, a federal law that imposes criminal penalties on those -- and only those -- who give bribes to foreign officials and that largely relies on voluntary disclosure to detect such corruption. This supply-side criminalization strategy, however, is ineffective, incomplete, inefficient, and inequitable. It punishes many extorted persons who do not deserve it and largely fails to punish the corrupt foreign officials who do. By punishing companies that voluntarily disclose their payments and denying them opportunities to recover their losses from extortion, it also establishes a perverse incentive structure that virtually ensures bribery will remain secret in most cases. The focus of the U.S. strategy should be shifted to prevention, not punishment. To this end, Congress should decriminalize the giving of bribes, replacing it with a robust mandatory disclosure regime that will enable foreign countries and business competitors to take action against willing bribe givers and allow victims of extortion to shield themselves from needless litigation, while obtaining meaningful restitution for the losses they have incurred. The U.S. government should then use the mandatory reports of unwilling payments to criminally prosecute the corrupt foreign officials who demand such payments, if foreign governments are unwilling or unable to do so.
Download or read book Resolving Foreign Bribery Cases with Non Trial Resolutions Settlements and Non Trial Agreements by Parties to the Anti Bribery Convention written by OECD and published by OECD Publishing. This book was released on 2019-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Prime Bank Instrument Frauds written by International Chamber of Commerce. Commercial Crime Bureau and published by . This book was released on 1994 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corruption in International Business written by Ms Sharon Eicher and published by Gower Publishing, Ltd.. This book was released on 2012-08-28 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Liability of Legal Persons for Foreign Bribery A Stocktaking Report written by OECD and published by OECD Publishing. This book was released on 2016-12-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bribery and Extortion written by Alexandra Addison Wrage and published by Bloomsbury Publishing USA. This book was released on 2007-09-30 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. At corporate headquarters in the United States, it can be easy to dismiss modest bribes in distant countries as an unfortunate cost of doing business. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid around the globe. Bribery and Extortion presents a clear picture of the world of bribery and the havoc it can wreak on whole populations. Wrage covers commercial bribery, administrative and service-based bribery, and extortion. She considers bribery and extortion at both high levels of government and lower levels on the street. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. The book concludes with practical suggestions and an assessment of current efforts to stem the tide of bribery and restore transparency to everyday transactions in all realms.
Download or read book The Detection of Foreign Bribery written by OECD and published by OECD Publishing. This book was released on 2017-12-12 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Download or read book OECD Public Integrity Handbook written by OECD and published by OECD Publishing. This book was released on 2020-05-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Public Integrity Handbook provides guidance to government, business and civil society on implementing the OECD Recommendation on Public Integrity. The Handbook clarifies what the Recommendation’s thirteen principles mean in practice and identifies challenges in implementing them.
Download or read book Integrity in Public Procurement Good Practice from A to Z written by OECD and published by OECD Publishing. This book was released on 2007-05-31 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides, for the first time, a comparative overview of practices from A to Z. It maps out practices to enhance integrity throughout the whole procurement cycle, from needs assessment to contract management. It also takes a global stance by including practices from non-OECD countries.
Download or read book Corruption and the Global Economy written by Kimberly Ann Elliott and published by Columbia University Press. This book was released on 1997-06-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recently-adopted OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption. The financial crisis in East Asia is an indication of how much remains to be done. Corruption is by no means a new issue but it has only recently emerged as a global issue. With the end of the Cold War, the pace and breadth of the trends toward democratization and international economic integration accelerated and expanded globally. Yet corruption could slow or even reverse these trends, potentially threatening economic development and political stability in some countries. As the global implications of corruption have grown, so has the impetus for international action to combat it. In addition to efforts in the OECD, the Organization of American States, the World Trade Organization, and the United Nations General Assembly, the World Bank and the International Monetary Fund have both begun to emphasize corruption as an impediment to economic development. This book includes a chapter by the Chairman of the OECD Working Group on Bribery discussing the evolution of the OECD convention and what is needed to make it effective. Other chapters address the causes and consequences of corruption, including the impact on investment and growth and the role of multinational corporations in discouraging bribery. The final chapter summarizes and also discusses some of the other anticorruption initiatives that either have been or should be adopted by governments, multilateral development banks, and other international organizations.
Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
Download or read book International Commercial Agreements and Electronic Commerce written by William F. Fox and published by Kluwer Law International B.V.. This book was released on 2018-03-26 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.
Download or read book The OECD Convention on Bribery written by Mark Pieth and published by Cambridge University Press. This book was released on 2007-03-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Convention is the first major international treaty specifically to address 'supply-side bribery' by sanctioning the briber. The OECD Convention establishes an international standard for compliance with anti-corruption rules by 36 countries, including the 30 OECD members and six non-member countries, with the leading OECD exporting countries receiving particular attention. This book is an article-by-article commentary which gives particular attention to the results of the OECD monitoring process as applied to state implementation. Companies in particular are at ever greater risk of legal and 'reputational' damage resulting from failure to comply with the anti-corruption standards set inter alia, by the OECD Convention. This book provides them with comprehensive guidance on the OECD standards. The commentary also constitutes a significant work of comparative criminal law. It is written and edited by persons who include experts involved in development of the Convention standards as well as academics and legal practitioners.
Download or read book Finance Development March 1998 written by International Monetary Fund. External Relations Dept. and published by International Monetary Fund. This book was released on 1998-01-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the latest thinking about the international financial system, monetary policy, economic development, poverty reduction, and other critical issues, subscribe to Finance & Development (F&D). This lively quarterly magazine brings you in-depth analyses of these and other subjects by the IMF’s own staff as well as by prominent international experts. Articles are written for lay readers who want to enrich their understanding of the workings of the global economy and the policies and activities of the IMF.
