| Fighting Global Corruption: Business Risk Management -Report Home Page Released by the Bureau for International Narcotics and Law Enforcement Affairs May 2001 The Emerging Global Anticorruption Environment Many international organizations have been making strides in addressing international bribery in business transactions, official public corruption, and transparency issues. In addition to the OECD, the Organization of American States (OAS), the Council of Europe (COE), the Stability Pact for South Eastern Europe, the Organization for Security and Cooperation in Europe (OSCE), the Asia Pacific Economic Cooperation (APEC) forum, the Global Coalition for Africa (GCA) and the United Nations have launched a variety of anticorruption and transparency initiatives. These initiatives represent important steps in building coalitions to combat corruption. For more than a decade, the U.S. government has worked cooperatively with the private sector and international organizations on these and other anticorruption initiatives. U.S. and international legal, business and accounting associations and non-governmental organizations (NGOs) - such as the American Bar Association (ABA), the U.S. Chamber of Commerce, the International Chamber of Commerce (ICC), the Ethics Officer Association (EOA), the Committee of Sponsoring Organizations (COSO), and Transparency International (TI) - have played key advisory roles in the development of various anticorruption initiatives. We will continue to work with these and other private sector groups to provide and receive guidance on improving the climate of governance worldwide. With respect to the emerging international anticorruption environment, the unifying concept in all of the global and regional processes is that effective action to prevent, detect, and punish corruption must be taken by each individual government. The international community can advance this process by raising the visibility and political profile of these efforts. The international business community and NGOs are working together to identify clear and objective actions of what should be expected of governments, what governments may expect of each other, and what ultimately their citizens should, through democratic processes, require of their governments. In working with other nations, the United States continues to encourage a broad range of global and regional anticorruption and transparency initiatives. Such measures strengthen the political will for cooperation on building capacities for action against corruption and for developing effective measures and practices to promote public integrity. AFRICA In February 1999, under the auspices of the Global Coalition for Africa (GCA), 11 African countries adopted 25 anticorruption principles that encourage implementation of common standards at the national level, as well as joint action between and among countries. These principles could also form the basis of more formal cooperative frameworks at the regional or subregional levels.
THE AMERICAS At the 1994 Miami Summit of the Americas, the 34 leaders of the Western Hemisphere called for negotiations of an hemispheric convention against corruption. In March 1996, under the auspices of the Organization of American States (OAS), the Inter-American Convention Against Corruption ("Inter-American Convention") was adopted. The U.S. deposited its instrument of ratification with the Secretary General of the OAS in September 2000. The Inter-American Convention covers corrupt practices on both the national and international level. Furthermore, it commits nations to reforming their criminal codes to bring domestic law into compliance with the convention. Its focus on preventive measures was unprecedented. The State Parties to the Inter-American Convention are considering an OAS-recommended monitoring mechanism, which they expect to adopt and begin implementing in 2001. ASIA-PACIFIC The Asia Pacific Economic Cooperation (APEC) forum is promoting economic reforms that enhance governance and transparency and create better investment and business climates to attract foreign direct investment. Its work builds on existing commitments of APEC Leaders (Presidents and Prime Ministers) and a broad range of programs in APEC, including in the areas of investment, customs procedures, competition policy, government procurement, corporate governance, and regional financial markets. Many programs involve the private sector as integral participants in developing, carrying out, and assessing activities aimed at increasing transparency and promoting corporate governance. EUROPE The Council of Europe (COE) is active in a number of anticorruption initiatives and has adopted several conventions, including both Criminal and Civil Law Conventions on Corruption, which were opened for signature in 1999. The U.S. signed the Criminal Law Convention on October 10, 2000. The Criminal Law Convention on Corruption is broad in scope, requiring parties to criminalize bribery (both giving and receiving) of public officials and private persons, domestic and foreign. Implementation of the Convention will be monitored by GRECO, the Group of States Against Corruption, which will also monitor compliance with the "20 Guiding Principles" adopted in 1997 by the COE's Council of Ministers. The European Union (EU), the Organization for Security Cooperation in Europe (OSCE) and the Stability Pact for South Eastern Europe also are working on various anticorruption initiatives. See Appendix B for more information. WORLD TRADE ORGANIZATION Through binding commitments to ensure transparency and due process in a wide range of government activities relating to international trade, the WTO makes an important contribution to international efforts to combat bribery and corruption. Most WTO members have endorsed efforts to conclude a multilateral agreement on transparency in government procurement, under which all 140 members would make binding international commitments to ensure transparency and predictability in their government procurement procedures. Similarly, an initiative on trade facilitation would help eliminate irregularities in WTO members' customs regimes, another area of economic activity that is frequently susceptible to corrupt practices.
UNITED NATIONS In 1999, the G-8 Koln Communiqué applauded the results of the First Global Forum on Fighting Corruption (see below) and called on the United Nations, in the context of the convention against transnational organized crime, to include an obligation to make corruption of domestic public officials a criminal offense. The United Nations Convention Against Transnational Organized Crime was completed, approved by the UN General Assembly, and opened for signature at a high-level meeting in Palermo, Italy in December 2000. Also in December 2000, the UN General Assembly approved a resolution to begin the process for negotiations of a new UN global instrument against corruption. The U.S. is consulting with other governments on these future negotiations, for example through the G-8, Global Forum II, and a UN experts group. GLOBAL FORUM ON FIGHTING CORRUPTION The First Global Forum on Fighting Corruption and Safeguarding Integrity, hosted by the United States in February 1999, has added momentum to our broader anticorruption campaign. Participants from 90 governments agreed to a final conference declaration calling on governments to adopt principles and effective practices to fight corruption, to promote transparency and good governance, and to create ways to assist each other through mutual evaluation. At the conclusion of the First Global Forum, the Netherlands agreed to host the Second Global Forum in 2001, and South Korea agreed to host the Third Global Forum in 2003. The Second Global Forum will produce a Declaration with "building blocks" to facilitate further discussion for a future UN Convention Against Corruption (see above). The U.S. Government continues to be committed to the success of this important international anticorruption initiative. The First Global Forum identified a set of 12 Guiding Principles that encompass the goals or purposes that a national anticorruption effort must address. These Guiding Principles include aspects relating to:
The most fundamental conclusion from the First Global Forum is that action against corruption must encompass all political, administrative, judicial, and civil society elements of a nation. National anticorruption actions must comprehensively respond to all aspects of these Guiding Principles if they are to succeed. See Appendix C for a copy of the "Guiding Principles for Fighting Corruption and Safeguarding Integrity Among Justice And Security Officials." Information about the Global Forum process can be found at http://www.gfcorruption.org. |
