Download The OECD Convention on Bribery: A Commentary by Mark Pieth, Lucinda A. Low, Nicola Bonucci PDF

By Mark Pieth, Lucinda A. Low, Nicola Bonucci

The OECD conference is the 1st significant overseas treaty particularly to deal with 'supply-side bribery' by way of sanctioning the briber. The OECD conference establishes a global general for compliance with anti-corruption ideas by way of 36 international locations, together with the 30 OECD individuals and 6 non-member nations, with the top OECD exporting international locations receiving specific recognition. This e-book is an article-by-article observation which provides specific realization to the result of the OECD tracking strategy as utilized to country implementation. businesses particularly are at ever larger chance of criminal and 'reputational' harm caused by failure to conform with the anti-corruption criteria set inter alia, by way of the OECD conference. This booklet presents them with entire suggestions at the OECD criteria. The remark additionally constitutes an important paintings of comparative legal legislations. it's written and edited through people who contain specialists interested by improvement of the conference criteria in addition to teachers and felony practitioners.

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URGES the prompt implementation by Member countries of the 1996 Recommendation which reads as follows: ‘‘that those Member countries which do not disallow the deductibility of bribes to foreign public officials re-examine such treatment with the intention of denying this deductibility. ’’ Accounting Requirements, External Audit and Internal Company Controls V. RECOMMENDS that Member countries take the steps necessary so that laws, rules and practices with respect to accounting requirements, external audit and internal company controls are in line with the following principles and are fully used in order to prevent and detect bribery of foreign public officials in international business.

1. 2. 3. 4. 2. 1. 2. 3. 3. 1. 2. 3. 4. 5 Integration in national legal systems Definition of the criminal act Corporate liability Confiscation A gradual rapprochement expected Monitoring legal basis and characteristics of oecd monitoring Four monitoring mechanisms Tour de Table ‘Phase 1 monitoring’ ‘Phase 1 plus’ or ‘Phase 1bis monitoring’ ‘Phase 2 monitoring’ WGB evaluation procedures Preparatory stage Hearings and finalisation of report Publication Follow-up to ‘Phase 2 monitoring’ Ordinary follow-up Extraordinary measures A ‘Phase 3 monitoring’?

No. 100-418, 102 Stat. 1107 (1988)); Tarullo 2004, 674. 20 Bliss and Spak 1989, note 16. 21 Crutchfield George, Lacey and Birmele 1999, note 109; Hines 1995, 21; Low 2003a, 1; Tarullo 2004, 679. 22 OECD 1999, F-1005. 23 An option suggested even as late as 1997 by the US Trade Representative, M. Kantor. 18 10 The OECD Convention on Bribery: A Commentary the G-7 had just taken a similar decision in a related area À following on from the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances it had created the Financial Action Task Force on Money Laundering (FATF).

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