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"UN: Convention against Corruption, 2003" [2005] ELECD 333; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 110

Section Title: UN: Convention against Corruption, 2003

Number of pages: 11

Extract:

110. UN: Convention against Corruption, 2003

Commentary: Several prominent instances of bribery between US corporations
and foreign government officials occurred in the 1970s. This led to criminalising illicit
payments under US law: Foreign Corrupt Practices Act 1977 (US) 17 ILM 214 (1978)
& 28 ILM 455 (1989). Bilateral intergovernmental agreements facilitated information
exchange with a view to prosecuting corporations: for example, Japan­US (1976),
Agreement on Procedures for Mutual Assistance in Administration of Justice in the
Lockheed Matter, 15 ILM 278 & 1010. Corruption also began to be addressed at the
international level: UNGA Resolution 3514 (1975). An Ad hoc Intergovernmental
Working Group within ECOSOC formulated a draft Convention: ECOSOC (1977),
`Report on the Problem of Corrupt Practices in International Commercial
Transactions, Part A, Provisions relevant to the Elaboration of an International
Agreement to Eliminate and Prevent Illicit Payments in whatever form, in connection
with International Commercial Transactions by Transnational and Other
Corporations, their Intermediaries and Others Involved', UN Doc E/6006; ECOSOC
Resolution 2041 (1976) on Corrupt Practices and Illicit Payments in International
Commercial Transactions. See further, UNCTC (1991), Report on efforts by the UN
to address the issue of corrupt practices, UN Doc E/1991/31/Add.1. The UNGA
called upon companies and financial institutions to implement its resolutions, observe
national law and pursue ethical practices: UNGA Resolution 51/59 (1996) on Action
Against Corruption, paragraph 10 & International Code of Conduct for Public
Officials; UNGA Resolution 51/191 (1996), paragraph 6 and UN Declaration against
Corruption and Bribery in ...