Davids, Cindy; Schubert, Grant --- "The Global Architecture of Foreign Bribery Control: Applying the OECD Bribery Convention" [2011] ELECD 1004; in Graycar, Adam; Smith, G. Russell (eds), "Handbook of Global Research and Practice in Corruption" (Edward Elgar Publishing, 2011)

Book Title: Handbook of Global Research and Practice in Corruption

Editor(s): Graycar, Adam; Smith, G. Russell

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849805018

Section: Chapter 17

Section Title: The Global Architecture of Foreign Bribery Control: Applying the OECD Bribery Convention

Author(s): Davids, Cindy; Schubert, Grant

Number of pages: 21

Extract:

17 The global architecture of foreign
bribery control: applying the OECD
Bribery Convention
Cindy Davids and Grant Schubert


INTRODUCTION

The Organisation for Economic Co-Operation and Development (OECD)
drew significant international attention to the behaviour of domestic
companies doing business overseas with the Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions
(hereafter, `the Anti-bribery Convention', OECD, 1997). Prior to the
promulgation of the Convention, although domestic bribery was gener-
ally regarded (at least formally) as a criminal offence in most countries
(Deming, 2006), the issue of bribery in international business transactions,
including those conducted entirely within the borders of another jurisdic-
tion, was rarely considered a criminal offence under respective domestic
laws. The USA was the notable exception, having introduced the Foreign
Corrupt Practices Act (FCPA) 1977, largely as a response to revelations
of domestic and foreign corrupt practices by US businesses (Santangelo
et al., 2007). At the time the US government was bitterly criticized by its
own companies who argued that the new rules disadvantaged them in the
global market (Salbu, 1997). Many observers regard the eventual develop-
ment of the OECD Convention as, at least in part, a response by pressure
from the USA to level the playing field (Baughn et al., 2010). To 2010,
38 countries have implemented domestic legislation in accord with the
Convention requirements, criminalizing the practice of pursuing commer-
cial advantage through bribery of public officials in another jurisdiction.
Building on the philosophy and impetus of the Anti-bribery ...