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Law and Regulation

Monitoring for Results: The next big step in managing corruption?!

Francesca Recanatini's picture

Courts must expeditiously, but fairly, adjudicate corruption cases, and the penalties imposed on those convicted must be sufficient to dissuade others from similar acts.  To ensure that anti-corruption laws are indeed being effectively enforced, governments need to monitor the enforcement process. 

Doing so can provide performance measures to inform and guide policy design and implementation.  These performance measures also serve as indicators of corruption.  In the short run, policy makers may not be able to do much to change these indicators, but  measures, focused on performance, can provide a country something more concrete to act upon, helping policy-makers to prioritize.

For example, if the number of completed corruption investigations in a particular country is low because of difficulty in obtaining evidence, it can identify changes in policy and procedures which expand or strengthen investigators powers and tools such as providing it with subpeona powers or access to financial records.

Stepping up prosecution of transnational bribery

The OECD Antibribery Convention requires parties to make promising, offering, or giving a bribe to an official of another government a crime. Although 38 countries have ratified the convention, Transparency International reports that as of the end of 2009 only seven are actively enforcing this provision. Another nine are making some effort to enforce it and have taken few if any steps to enforce the convention.

How can we compensate the victims of bribery?

Jean Pierre Brun's picture

In early 2009, the U.S.-based multinational Halliburton paid $579 million to the U.S. government to settle charges it had bribed Nigerian officials to win a contract.  In late 2008 the German telecommunications giant Siemens paid $1.6 billion in fines, penalties and disgorgement of profits to the German and American governments for bribing officials. 

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