The OECD Convention on Bribery: A Commentary

by Edited by Mark Pieth , Lucinda A. Low , Peter J. Cullen

• ISBN13: 9780521868174
• ISBN10: 0521868173
• Format: Hardcover
• Copyright: 2007-04-30
• Publisher: Cambridge University Press

Summary

The OECD Convention is the first major international treaty specifically to address 'supply-side bribery' by sanctioning the briber. The OECD Convention establishes an international standard for compliance with anti-corruption rules by 36 countries, including the 30 OECD members and six non-member countries, with the leading OECD exporting countries receiving particular attention. This book is an article-by-article commentary which gives particular attention to the results of the OECD monitoring process as applied to state implementation. Companies in particular are at ever greater risk of legal and 'reputational' damage resulting from failure to comply with the anti-corruption standards set inter alia, by the OECD Convention. This book provides them with comprehensive guidance on the OECD standards. The commentary also constitutes a significant work of comparative criminal law. It is written and edited by persons who include experts involved in development of the Convention standards as well as academics and legal practitioners.

Table of Contents

Notes on Contributors	p. vii
Preface	p. xi
Acknowledgements	p. xiii
List of Abbreviations	p. xv
Official Documents: Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions	p. xx
Commentaries	p. xxix
Revised Recommendation of the Council	p. xxxvi
Recommendation of the Council on the Tax Deductibility of Bribes to Foreign Public Officials	p. xliv
Introduction
Introduction	p. 3
Commentary
The Offence of Bribery of Foreign Public Officials	p. 45
The Responsibility of Legal Persons	p. 173
Sanctions	p. 207
Seizure and Confiscation	p. 253
Jurisdiction	p. 267
Enforcement	p. 289
Statute of Limitations	p. 332
Money Laundering	p. 355
Accounting	p. 377
International Co-operation	p. 406
Monitoring and Follow-up	p. 445
Final Provisions	p. 476
The Convention in Practice
The OECD Convention: A US Perspective on Combating Bribery in International Business	p. 509
Annex: Table of Applicable Sanctions in the Twenty-One Parties Reviewed in the Mid-Term Study	p. 553
Consolidated Bibliography	p. 563
Books and Articles	p. 563
Selected Documentation	p. 575
Index	p. 585
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