Identification and Quantification of the Proceeds of Bribery
Revised edition, February 2012
This study focuses on the identification and quantification of the proceeds of active bribery in international business transactions. Public and private organisations alike have long recognised that bribery of public officials is harmful to good governance, economic development and competitive conditions. Confiscation and recovery of the proceeds derived from foreign bribery are key elements in the international framework to fight corruption of public officials.
Chapter 1 introduces the international legal framework for the treatment of the proceeds of active bribery and catalogues the legal remedies available in various jurisdictions, and how these remedies may interact. Chapter 2 defines five principal types of proceeds of active bribery and analyzes how they may be quantified. Each system is illustrated by examples from countries using such methods, as well as commentary on some practical challenges linked to the calculation of proceeds. Chapter 3 offers a compilation of case summaries to illustrate the principles covered in the preceding chapters.
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Conclusion
As exemplified by the relatively small number of cases, limited to a handful of jurisdictions, the potential for use of measures to confiscate the proceeds of active bribery has still to be fully realised. This study has aimed to demonstrate how the technical challenges of identifying and quantifying such proceeds can be addressed, and that the process is neither too complicated nor too costly for widespread use.
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