Bribery and Corruption Law

The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.

Modern statutes, state and federal, have four common characteristics. (1) They apply equally to receivers and givers. (2) They are comprehensive, including as officials all employees of government and those acting in a government capacity, such as jurors and legislators. More recent statutes include party officials and even party employees. (3) They treat bribery as a crime that can be committed by the briber even though the bribee is not influenced. (4) They treat bribery as a felony.

The OECD Anti-Bribery Convention establishes legally binding standards to criminalise bribery of foreign public officials in international business transactions and provides for a host of related measures that make this effective. The 30 OECD member countries and eight non-member countries - Argentina, Brazil, Bulgaria, Chile, Estonia, Israel, the Slovenia and South Africa - have adopted this Convention (Entry into force and Status of ratification).

The Office of Government Ethics (OGE), a small agency within the executive branch, was established by the Ethics in Government Act of 1978. Originally part of the Office of Personnel Management, OGE became a separate agency on October 1, 1989 as part of the Office of Government Ethics Reauthorization Act of 1988. The Office of Government Ethics exercises leadership in the executive branch to prevent conflicts of interest on the part of Government employees, and to resolve those conflicts of interest that do occur. In partnership with executive branch agencies and departments, OGE fosters high ethical standards for employees and strengthens the public's confidence that the Government's business is conducted with impartiality and integrity.

The Department of Justice is responsible for all criminal enforcement and for civil enforcement of the antibribery provisions with respect to domestic concerns and foreign companies and nationals. The SEC is responsible for civil enforcement of the antibribery provisions with respect to issuers.

The purpose of the Bill is to: Reform the criminal law to provide a new, modern and comprehensive scheme of bribery offences that will enable the courts and prosecutors to provide a more effective response to bribery in the 21st century at home and abroad.

The Council of Europe has developed a number of multifaceted legal instruments dealing with matters such as the criminalisation of corruption in the public and private sectors, liability and compensation for damage caused by corruption, conduct of public officials and the financing of political parties. These instruments are aimed at improving the capacity of States to fight corruption domestically as well as at international level. The monitoring of compliance with these standards is entrusted to the Group of States against Corruption, GRECO.

On 20 November 2008 we published our final report on bribery. Our recommendations include replacing the existing law with two general offences of bribery and one specific offence of bribing a foreign public official. We also recommend a new corporate offence of negligently failing to prevent bribery.

In recognition of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Revised Recommendation (OECD Convention), the Members of the OECD Working Party on Export Credits and Credit Guarantees (ECG) agreed in November 2000 on the Action Statement on Bribery and officially supported Export Credits (Action Statement).

Within Canada, the federal government seeks to prevent and prohibit potential domestic corruption by a combination of federal statutes, parliamentary rules and administrative provisions. The Criminal Code includes offences which prohibit bribery, frauds on the government and influence peddling, fraud or a breach of trust in connection with duties of office, municipal corruption, selling or purchasing office, influencing or negotiating appointments or dealing in offices, possession of property or proceeds obtained by crime, fraud, laundering proceeds of crime and secret commissions.

As international trade has increased, so too has the importance of complying with laws governing international business. Combating corruption has become an international priority with all governments maintaining a vigilant stance to weed out the corruption that has historically been endemic in international business practice. In the past, a company was able to shield itself from prosecution because bad actors were merely contractors or other indirect agents of the company. However, amplified enforcement of the Foreign Corrupt Practices Act makes that approach no longer viable.

In its resolution 55/61 of 4 December 2000, the General Assembly recognized No Bribes that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime (resolution 55/25, annex I) was desirable. As a result, it decided to establish an ad hoc committee for the negotiation of such an instrument in Vienna, which is where UNODC headquarters are located.

BRIBEline's purpose is to collect information about the official or quasi-official entities - governments, international organizations, security forces, state-owned enterprises, etc. - around the world that solicit bribes. BRIBEline focuses on demand-side bribery only; we do not request or collect information about those who pay, or offer to pay, bribes.

Ever since antiquity, corruption has been one of the most widespread and insidious of social evils. When it involves public officials and elected representatives, it is inimical to the administration of public affairs. Since the end of the 19th century, it has also been seen as a major threat in the private sphere, undermining the trust and confidence which are necessary for the maintenance and development of sustainable economic and social relations. It is estimated that hundreds of billions of Euros are paid in bribes every year.

The Independent Commission Against Corruption (ICAC) was created by the ICAC Act 1988. Its aims are to protect the public interest, prevent breaches of public trust and guide the conduct of public officials.

TRACE International, Inc. (TRACE) is a non-profit membership association that pools resources to provide practical and cost-effective anti-bribery compliance solutions for multinational companies and their commercial intermediaries (sales agents and representatives, consultants, distributors, suppliers, etc.).

Transparency International, the global civil society organisation leading the fight against corruption, brings people together in a powerful worldwide coalition to end the devastating impact of corruption on men, women and children around the world. TI’s mission is to create change towards a world free of corruption.

The mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. As more and more first-time investors turn to the markets to help secure their futures, pay for homes, and send children to college, our investor protection mission is more compelling than ever. As our nation's securities exchanges mature into global for-profit competitors, there is even greater need for sound market regulation.

Several questions arise in connection with the increased interest in action against corruption at both the national and international levels. In such interest due to the higher occurrence of corrupt practices, higher detection rates or lower levels of (public, official and business) tolerance? The available evidence suggests that the answer may lie in a combination of these explanations. If each of them is examined separately, it will be easier to understand not only the eruption of scandals, but also the explosion of anti-corruption sentiments and how the two can be mutually reinforcing.

An essential element of corporate social responsibility is honest and transparent trading. Bribery and corruption create a disincentive to trade as well as uneven trading conditions that can damage economic systems and the individuals within them.

The Independent Commission Against Corruption publishes investigation reports and corruption prevention resource materials on a variety of topics. ICAC publications and other resource materials are available on this site and can be downloaded free of charge. For information on the outcome of ICAC investigations, including recommendations relating to prosecution, disciplinary action and corruption prevention, go to Investigation outcomes.

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