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The OECD Bribery Convention as Cover for US FCPA Enforcement Abroad
by Phil Underwood
Both Rick and Matthew's posts earlier this week discussed the effectiveness of the 1997 OECD Anti-Bribery Convention in combating international corruption. Rick emphasizes the Convention's success in prosecuting supply-side bribery, noting the hundreds of convictions and settlements since the Convention came into force. But as Matthew pointed out, and as the OECD itself
has acknowledged, the impressive-sounding aggregate enforcement numbers
mask the fact that enforcement is highly unevenly distributed: the
majority of the Convention's 40 member countries still
do not enforce their anti-bribery laws effectively (if at all)--and
most of the increase in enforcement that Rick highlights comes has come
not from the countries that recently adopted extraterritorial
anti-bribery laws, but from the United States, which has had such a law –
the FCPA – on the books for more than 35 years.
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