✍ Scribed by Fritz Heimann, Mark Pieth
No coin nor oath required. For personal study only.
Corruption undermines nearly all key legal and developmental priorities today, including the effective functioning of democratic institutions and honest elections; environmental protection; human rights and human security; international development programs; and fair competition for global
trade and investment. This book chronicles the global anticorruption steps taken since the movement advanced after the end of the Cold War. It provides a realistic assessment of the present state of affairs by critically evaluating what existing anticorruption programs and treaties have accomplished
and documenting their shortcomings, while developing an action agenda for the next decade.
The authors argue that reformative action is imperative, and the forces of globalization and digital communication will level the playing field and erode the secrecy corruption requires. They define corruption, document its effects, discuss the initiatives that changed public perception, analyze
the lessons learned, and then evaluate how to move forward with existing initiatives charting a new path with new, differentiated strategies.
Cover
Confronting Corruption
Copyright
Contents
Foreword by President Jimmy Carter
Acknowledgments
Abbreviations
Part One Setting the Scene
1. Introduction
1. FIFA, a Criminal Organization?
2. The Malaysian Wealth Fund “1MDB”
3. Odebrecht, Petrobras, Lula da Silva, and Michel Temer
4. Panama Papers
2. Why the Growing Concern About Corruption?
1. Present at the Creation
2. Putting Corruption on the International Agenda
3. Need for Action
4. Reasons for Continuing Resistance
5. Growth of Anticorruption Capability
6. Expansion of Global Economy
7. Digital Communications
3. The Politics of Anticorruption
1. Transparency International and Its Politics
2. International Organizations
a. OECD
b. UNODC
c. G20
d. World Bank
e. International Chamber of Commerce (ICC)
f. FIFA
3. Governments
a. United States
b. UK
c. Nordic Countries
d. China
e. Bangladesh
4. Role of Media
5. Growth of Anticorruption Movement
6. Government Departments
7. Private Industry
8. NGOs
9. Professional Organizations
10. Universities
11. Illicit Activities
12. Major Political Influences
a. Tone at the Top
b. Power of the Legal Establishment
c. Role of Civil Society
d. People Power
e. Counteractions
4. What Is Corruption?
1. A “Cancer” to Be Rooted out?
2. Giving and Taking
3. Legal Definitions
4. Corruption Comes in Different Forms
5. A Systemic Perspective
6. What Is the Common Denominator?
7. Are We Sure That Corruption Is Harmful?
8. How Big Is the Problem?
9. Why Have We Chosen to Fight Corruption Now?
10. Are We Making a Difference?
Part Two Drivers of Change
5. Evolution of Transparency International
1. Peter Eigen and the World Bank
2. The Genesis of TI
3. Organizing TI
a. Meeting with Amnesty International
b. Organization Meeting at Dutch Foreign Ministry
c. Berlin Launch Conference
d. Ecuador Meeting
e. Jeremy Pope Becomes Managing Director
f. Growth of National Chapter Network
g. Publication of TI Index
Bribe Payers Index
Rapprochement with the World Bank
4. Conventions Advocacy
a. OECD Convention
b. TI Progress Reports on Enforcement
c. United Nations Convention against Corruption
d. Evolution of TI Management
e. The 2005 Election
6. The United States: Foreign Corrupt Practices Act and Campaign Financing
1. Colonial Heritage
2. Constitutional Debates
3. Yazoo Controversy
4. Construction of the Panama Canal
5. Watergate
6. Foreign Corrupt Practices Act
7. Citizens United Case
7. Bribing Foreign Officials: The OECD Anticorruption Instruments
1. Is Bribery a Necessary Evil?
2. The US Foreign Corrupt Practices Act
3. The Initiative and First Steps in the OECD
4. The 1994 Recommendation and the Follow-Up
5. Implementing the Convention
6. The Crisis
7. Overcoming the Crisis: The UK Bribery Act 2010
8. Uneven Application
9. Further Challenges
10. A New Step Forward: The 2009 Recommendation
11. A Final Positive Experience
12. Conclusion
8. The UN Convention Against Corruption
1. Global Significance
2. The Politics of UNCAC
3. The United Nations Convention against Corruption: Anticorruption’s Expanding Frontier
a. Overview of the United Nations Convention against Corruption
b. Provisions Directly Affecting International Business
c. Strengthening National Integrity Systems
d. The Implementation Review Mechanism
Part Three Pervasive Trouble Spots
9. Finance and the “Shadow Economy”
1. Grand Corruption and Money Flows
2. A New Topic Altogether
3. Expansion
4. Current Status of Rules against Corruption-Money Laundering
5. Asset Recovery
6. Is Asset Recovery Working?
7. The Overarching Theme: Overcoming the “Shadow Economy”
8. Conclusion
10. Extractive Industries
1. The “Resource Curse”
2. Publish What You Pay
3. The Extractive Industries Transparency Initiative
4. The Struggle for Regulation
a. United States: Section 1504 of the Dodd-Frank Act
b. EU: Revision of Its Transparency and Bookkeeping Directives
5. Regulating Trading?
6. Collective Action as a Way Forward?
11. Infrastructure and Construction
1. The Risks
2. What Needs to Be Done?
12. Aeronautics and Defense
1. What Are the Particular Risks in Defense Procurement?
2. The Key Role of Defense Offsets
3. Specific Corruption Risk Related to Offsets
4. How to Prevent Corruption in the Defense Industries?
13. The Art Market
1. Challenges
2. Self-Regulation?
3. International Law?
14. The Pharmaceutical Industry
1. Challenges
2. What Needs to Be Done?
15. Sports Governing Bodies: The FIFA Experience
1. Emotions and Big Business
2. Multinational Enterprises and Quasi-intergovernmental Organizations
3. Old Boys Suddenly Becoming Rich
4. FIFA: A Company in Trouble or a Criminal Organization?
5. The Responsibility of the Host Country
6. What’s Wrong with Self-Regulation?
7. Example FIFA
8. International Regulation
9. What Is on the Current Reform List?
16. Development Assistance
1. Its Logic
2. Is Development Assistance Effective?
3. Donor Interest
4. Tolerating Embezzlement?
5. Is There a Way out of the Dilemma?
6. Oil-for-Food
a. The Official Programme
b. Planned Distribution of Oil Proceeds
c. What Went Wrong?
d. Oil Surcharges—Flow of Funds
e. Humanitarian Contract Kickbacks—Flow of Funds
f. Illicit Income Received by Iraq under the Programme
7. The Contribution of the IFIs
Part Four Criminal Law and other Forms of Regulation
17. Strengths and Limitations of Criminal Law
1. Is Criminal Law Really That Essential to Combating Bribery?
2. Who Is a “Foreign Public Official”?
3. What about the Perpetual “Facilitation Payments”?
4. Individuals versus Corporate Liability
5. Watch Your Agents!
6. The Proof Is in the Pudding
7. Are Prosecutors and Courts out of Their Depths?
8. Do We Need a Supranational Criminal Court for Large-Scale Corruption?
18. Beyond Criminal Law: Administrative Sanctions and Preventive Measures
1. Regulatory Sanctions
2. Debarment by MDBs
3. Automatic Debarment?
4. Is Debarment Always the Best Solution?
5. Dealing with Corruption in Arbitration Procedures
6. Prevention
Part Five Private Sector Responses
19. Private Sector Response to Corruption
1. Major Trends
2. Evolution of Compliance
a. Role of NGOs
b. UN Global Compact
c. Industry Sector Initiatives: Wolfsberg
d. Other Industry Sector Initiatives
Extractive Industries Transparency Initiative (EITI)
Construction Sector Transparency (CoST)
Aerospace and Defense (IFBEC)
3. Common Problem Areas
a. Gifts, Entertainment, and Travel Expenses
b. Lobbyists and Sales Representatives
c. Political Contributions
d. Avoiding Extortion
e. Private-to-Private Bribery
f. Facilitation Payments
g. Foreign Subsidiaries and Joint Ventures
4. Psychology of Corrupt Conduct
a. Type A
b. Type B
c. Type C
5. Factors Needed to Influence Corporate Culture
a. Tone at the Top Is Important
b. Transparent Rules
c. Leadership Selection
6. Moving Anticorruption to the Next Level
20. Collective Action
1. Why Collective Action?
2. From an Academic Think Piece to a Practical Solution
3. What Is Collective Action?
4. Is Collective Action Really Necessary?
Part Six Moving Forward
21. What Have We Achieved?
1. Achievements and Challenges
2. Accomplishments
3. Challenges
22. Globalization and Digital Revolution
1. Globalization
a. Globalization of Corruption
b. Impact of Globalization on Law Enforcement
2. Digital Revolution
a. Cyber Forensics
b. Digital Initiatives
c. The Political Impact
d. Awareness Raising
23. Different Strategies for Different Countries
1. Countries with Strong Democratic Institutions
2. Countries with Weaker Democratic Institutions
3. Countries with Autocratic Governments
a. Working with China
b. Working with Russia
c. The Arab Spring and Its Implications for the Middle East and North Africa
4. Failed States
5. Long-Term Strategy Perspective
Bibliography
Index
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