1887

Identification and Quantification of the Proceeds of Bribery

Revised edition, February 2012

image of Identification and Quantification of the Proceeds of Bribery

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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The legal framework for the treatment of proceeds of active bribery

The OECD Convention Article 3 requires that “bribery of a foreign public official shall be punishable by effective, proportionate and dissuasive criminal penalties.” Each Party must also “take such measures as may be necessary to provide that the bribe and the proceeds of the bribery of a foreign public official, or property the value of which corresponds to that of such proceeds, are subject to seizure and confiscation or that monetary sanctions of comparable effect are applicable.” Under commentary 21 of the Anti-Bribery Convention, proceeds of bribery are defined as “the profits or other benefits derived by the briber from the transaction or other improper advantage obtained or retained through bribery.”

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