{"title":"Germany","authors":"Andrew S. Boutros","doi":"10.1093/oso/9780190232399.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780190232399.003.0008","url":null,"abstract":"Germany is currently ranked among the top 12 in the Transparency International Corruption Perception Index. The country achieved this ranking through substantial efforts in the last decades in legislation, in society, and in the business sector. Today, the corporate compliance management systems of many major German corporations serve as a benchmark in the corporate world. But there is still a lot of work to do. Germany does not yet have a corporate criminal code that holds legal entities criminally liable for corruption-related offenses. German authorities still do not have a uniform and standardized procedure for acknowledging adequate compliance management systems as an affirmative defense or mitigating factor to decrease administrative fines. Although repeatedly requested by the OECD, Germany also still lacks an express and explicit law that grants specific protection to whistle-blowers from retaliation in the private sector, though many German corporations have already set up highly sophisticated whistle-blower systems. This chapter provides an overview on the most important statutory provisions and draft bills with regard to anti-corruption in Germany. Further, the chapter discusses how companies in Germany can take appropriate measures in order to navigate safely through the challenges of corruption-related liability in today’s competitive business environment.","PeriodicalId":256977,"journal":{"name":"From Baksheesh to Bribery","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116773599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conclusion","authors":"","doi":"10.1093/oso/9780190232399.003.0030","DOIUrl":"https://doi.org/10.1093/oso/9780190232399.003.0030","url":null,"abstract":"As we hope the foregoing chapters have underscored, it is high time that practitioners of the compliance, regulatory, and investigative arts recognize not only that other countries have credible anti-bribery/anti-corruption regimes—including ones with extraterritorial application—but also that new anti-bribery laws are being passed frequently. And from our perspective, even more importantly, is that the long-lagging enforcement of these laws is increasingly on the minds of prosecutors, regulators, judges, and politicians. As these key stakeholders and decision-makers gain a fuller appreciation of the wider fight against corruption, we believe they will feel emboldened to act positively to root out conduct that undermines democracy and the rule of law. We also believe these same stakeholders will be motivated to take steps that ensure that they do not fall behind their geopolitical “peers.” As a consequence of today’s increasingly polycentric fight against bribery and other forms of corruption, those advising companies will be expected to understand, and more importantly ward off against, this development’s direct impacts on companies and individuals engaged in cross-border commerce, regardless of where in the world they are based or do business....","PeriodicalId":256977,"journal":{"name":"From Baksheesh to Bribery","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116841612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Australia","authors":"Andrew S. Boutros","doi":"10.1093/oso/9780190232399.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780190232399.003.0002","url":null,"abstract":"Australia’s anti-bribery and anti-corruption laws appear simple in expression but have proved illusive in securing successful prosecutions. The structure of the foreign bribery offense is complicated and requires numerous physical and mental elements to be established for each limb of the offense. Since 1999 when Australia enacted its foreign bribery laws, there have been several corporate and individual guilty pleas in foreign bribery cases but as yet no contested trials. The first case in 2011 arising out of the Securency banknote printing scandal has concluded with mixed results: several plea deals yet other prosecutions permanently stayed due to illegal conduct on the part of the investigative agencies. Other more recent cases have started but are early in the criminal justice system. The traditional approach of the Australian prosecutors is that once charges are laid, they expect a guilty plea to the offense charged or an agreed lesser offenses and then any discount is a matter for the sentencing court. Australia still lacks a structured approach to complex commercial crime including foreign bribery. While there are reforms pending before the Australian government on changes to the foreign bribery offense deferred prosecution agreements, a strict liability corporate offense of failing to prevent foreign bribery, and enhanced private sector whistle-blower laws, they are yet to be implemented. While resources at the Commonwealth level have improved over the years, they remain diffuse, underfunded, and under-resourced. Australian business is starting to adopt a more proactive response to manage offshore risk and the expected legislative reforms are pushing this along. Australian business increasingly knows it must address these issues in a global economy as its most significant trading partners are taking a similarly tough stand against bribery and corruption.","PeriodicalId":256977,"journal":{"name":"From Baksheesh to Bribery","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127072762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Increasing Accountability and Reducing Corruption: the World Bank’s Anti-Corruption System","authors":"Andrew S. Boutros","doi":"10.1093/OSO/9780190232399.003.0023","DOIUrl":"https://doi.org/10.1093/OSO/9780190232399.003.0023","url":null,"abstract":"As part of its development efforts, the World Bank has a fiduciary duty to ensure that its funds are used for their intended purposes and with due attention to economy and efficiency. In furtherance of this fiduciary duty, the Bank’s anti-corruption measures seek to incorporate processes that ensure standards of good governance and conformity with principles of the rule of law. Indeed, fraud and corruption weaken institutions and divert essential resources from those who are supposed to benefit the most: the poor. Since the mid-1990s, the World Bank has worked to develop a robust sanctions system that is efficient, effective, and fair, offering accused parties a fair process through which they can present their defense. The World Bank has also sought to work with its partners to deter and prevent misconduct from occurring in the first place. This chapter describes the history and evolution of the World Bank’s sanctions system and its efforts to combat fraud and corruption in its development activities.","PeriodicalId":256977,"journal":{"name":"From Baksheesh to Bribery","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130252054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions: Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory","authors":"Andrew S. Boutros","doi":"10.1093/OSO/9780190232399.003.0020","DOIUrl":"https://doi.org/10.1093/OSO/9780190232399.003.0020","url":null,"abstract":"The investigation of corruption, bribery, and similar transnational criminal conduct, like the discovery process for transnational civil proceedings, often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement officials from simply flying to a foreign country to conduct searches, question suspects, obtain documents, and proceed with arresting individuals for trial in the United States. In the absence of a foreign country’s agreement to cooperate in a criminal investigation, U.S. prosecutors or civil litigation counsel have limited options. There are two primary means of obtaining evidence for use in transnational criminal proceedings: a Mutual Legal Assistance Treaty (MLAT) and a letter rogatory.","PeriodicalId":256977,"journal":{"name":"From Baksheesh to Bribery","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128680615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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