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Law and Regulation

If money is the root of evil, are developed countries doing enough about the problem of bribes paid in the developing world?

It is a fact that many of the countries which suffer the most from corruption are the countries which have the fewest resources to combat the problem.  Poor countries may be faced with a dilemma of using resources to prosecute the corruption which degrades the quality and quantity of public goods that reach their citizens, or using resources to provide those basic goods, such as food aid and roads.

At the same time, larger bribes are not infrequently paid by outsiders, such as foreign corporations.  Casual observation shows that funds must be coming from outside some of the poorest countries.  In short, the bribe money is flowing from the developed world into the developing world.  

Timely information to meet enforcement deadlines: How can we meet the standards?

Simon Robertson's picture

I would like to follow up on Paul’s interesting comments on information sharing and the need in particular for timeliness.  He raises a number of issues on when to share information and this is where I would like to come in.  My background relies on information sharing across disciplines, be they units in the Bank or wider afield to other agencies such as Multi Lateral Development Banks (MDB) with their own integrity/investigations function or to law enforcement.  And herein lies the difference between information managed by law enforcement when compared to that of the development community.  In our search for timeliness – often a crucial issue for law enforcement it is not so for the development community, and in some ways this is essential as it allows us to first evaluate the reliability of the source of the information and then question the validity of the information.  One may ask why we should do this, and the simple answer is – we must be able to satisfy ourselves that we have undertaken our own due diligence and are confident that the information we are providing will add value to the enforcement entity with whom we share the information.  For instance we may find that after questioning the source of the data we ascertain that the information is not known directly to the source it is in fact a regurgitation of information relayed to him/her by someone else – and therefore while our source may be good the validity of our information could be questioned.

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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