A Commentary on the Globalization of Foreign Corrupt Practices Law

Abstract

Foreign and domestic corrupt practices are embedded in many nations of the world. The law of foreign corrupt practices owes its origins primarily to the U.S. Foreign Corrupt Practices Act of 1977 (FCPA). Two decades later, the Organization for Economic Cooperation and Development (OECD) adopted a Convention combating bribery of foreign public officials largely applicable to developed nations. In 2005, the United Nations Convention against Corruption expanded the anti-corruption campaign to much of the globe. The British Bribery Act of 2010 eclipsed these forerunners in severity and scope. The OECD and U.N. Conventions, and the British Bribery Act, alleviate the lonely U.S. position on corruption, and magnify the need for extensive compliance programs. Law and practice on foreign corrupt practices has gone global.