THE United
States (US) has stepped up the enforcement of laws under the Foreign Corrupt
Practices Act (FCPA) quite significantly in the past few years. Since
2002, 71
individuals and 88 enterprises have been held accountable, criminally and
civilly, for transnational bribery. The U.S. has also achieved record penalties
for FCPA violations during this period, including, in one case, USD 800 million
against a single company.
The
OECD latest review report has praised the US authorities for enforcement of the
Convention on Combating Bribery of Foreign Public Officials in International
Business Transactions and related instruments. The Working Group has commended
the United States for its engagement with the private sector, substantial
enforcement, and commitment from the highest levels of the U.S. Government. In
addition to the recommendation on facilitation payments, it also made
recommendations that include the following on ways to improve U.S.
enforcement:
++ Consolidating publicly available information on the application of
the FCPA, including the affirmative defence for reasonable and bona fide
expenses;
++ To increase transparency, making public, where appropriate,
more information on the use of Non-Prosecution Agreements (NPAs) and Deferred
Prosecution Agreements (DPAs) in specific cases; and
++ Ensure that the
overall limitation period applicable to the foreign bribery offence is
sufficient to allow adequate investigation and
prosecution.
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