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Transparency Int'l Progress Report

BY Colby A. Smith
January 29, 2013

Despite the tremendous publicity surrounding global anti-bribery enforcement efforts, including the advent of the UK's Bribery Act and additional substantial fines in the United States and other countries, Transparency International's (TI's) latest Progress Report on global enforcement of the Organization for Economic Cooperation and Development's (OECD's) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the Convention) finds that enforcement “remains inadequate.” See Transparency International, “Exporting Corruption? Country Enforcement of the OECD Anti-Bribery Convention Progress Report 2012″ at 6, www.transparency.org/whatwedo/pub/exporting_corruption_country_enforcement_of_the_oecd_anti_bribery_conventio (hereinafter TI 2012 Progress Report or Progress Report). According to the Progress Report, in most countries that subscribe to the Convention, enforcement is not even at a level that provides a “credible deterrent” to foreign bribery.

Disappointing Statistics

Only seven of the 39 countries that subscribe to the Convention engage in active enforcement, according to TI, a number that has not changed in the past three years. (The Progress Report defines “Active Enforcement” countries as those with a 2% or greater share of world exports that brought at least 10 major cases, of which at least three must have been initiated in the last three years and at least three concluded with substantial sanctions; or those countries with a less than 2% share of world exports that brought at least three major cases, including at least one concluded with substantial sanctions and at least one pending case initiated in the previous three years.) Those seven countries account for only 28% of the world's exports. Id. at 7. Only when active enforcement is taking place in countries accounting for more than half of global exports will TI view the prospects for conquering global corruption as “favorable.” Id. at 6. That, according to the Progress Report, would require an additional six to ten countries actively to enforce their legislation implementing the Convention.

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