The G20 Anti-Corruption Working Group recently issued proposed recommendations for G20 countries on measures they can take to fight foreign bribery and corruption.

The working group stressed that the level of enforcement among G20 countries is uneven. In order to make the joint efforts of G20 countries against foreign bribery successful, "their enforcement has to reach a tipping point," in which countries with over half of the world's exports have active enforcement, the working group stated.

According to the working group, several challenges still impede G20 countries from achieving full and effective enforcement. Among them:

Flawed data collection systems hinder planning and evaluating the performance and effectiveness of their law enforcement in tackling foreign bribery.

Out-of-court settlements are not always seen as dissuasive, fair or credible, even though a substantial number of foreign bribery cases are now settled through negotiations between prosecutors and the accused companies and individuals.

In numerous countries, sanctions are inadequate to be effective deterrents for companies engaging in corrupt acts.

Resources for effective investigation and prosecution are often lacking.

In its proposal, the working group recommended that the G20 countries “improve statistical data collection and access to that information.” They should also “review their data collection and publication systems accordingly, and introduce improvements."

G20 members should further “make all settlements subject to court approval, publish their terms, and abstain from inhibiting prosecution in other jurisdictions.” Additionally, the G20 should work with the OECD Working Group to conduct and publish a systematic review of sentencing practices, identifying where they are not “effective, proportionate, and dissuasive.”

Next Steps

The working group should “collect and share best practices in data collection and publication systems, possibly in collaboration with the OECD Working Group on Foreign Bribery. Each G20 country should then draw up country assessments against those best practices and look to achieve demonstrable progress.”

Additionally, the G20 should mandate an independent body, such as the OECD, to conduct a review of sentencing practices, and draw up a set of recommendations for publication with a view to G20 leaders pledging to meet these guidelines at the 2016 Summit.

Topics