In this article, we describe three main reasons why foreign corrupt practices are considered one of the most serious risks to globally-operating corporations. First, many countries, especially the 38 countries which ratified the OECD Anti-Bribery Convention, have begun to share information to combat this problem. Particularly noteworthy is that the US Department of Justice (DOJ) started to apply its Foreign Corrupt Practices Act (FCPA) extraterritorially far more actively than ever. Second, countries such as the USA and EU countries began to impose severe sanctions against offenders who broke laws that prohibit corporations from providing illicit money to foreign politicians and officials. Over the past several years, the amount of penalties levied upon corporate offenders has risen exponentially. The maximum amount one corporation has paid already reached 1.6 billion US dollars. Third, the DOJ (as well as the SEC) has acquired very effective measures and tools (e. g., discretionary power to determine final penalties, plea agreements, deferred prosecution agreements, and the establishment of the FCPA Reporting Center), which make it much easier to collect and accumulate criminal information and to bring charges against FCPA offenders. For the purpose of understanding the third reason, we examine how the DOJ has tracked down the criminals (both corporations and individuals) at the Nigerian Bribery Scandal.
グローバル・リスクとしての海外腐敗行為 ―ナイジェリア贈賄事件を巡って―
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麗澤経済研究20-2_①高巌
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