IBA Anti-Corruption Committee launches Project Roll Out to support new OECD anti-bribery compliance guidelines

Thursday 9 December 2021

Following the publication of the Organisation for Economic Co-operation and Development (OECD)’s guidance on compliance with anti-bribery laws, a subcommittee of the International Bar Association (IBA)’s Anti-Corruption Committee has commenced Project Roll Out. The aim of the initiative is to support broadening the understanding and implementation of the new OECD guidelines.

As part of the programme, the IBA’s Non-trial Resolutions of Bribery Cases Subcommittee will organise conferences on the many facets of the guidelines, including the framework for non-trial resolutions, incentives for compliance, mutual assistance, data protection laws and non bis idem.

Drago Kos, Chairman of the OECD Working Group on Bribery announced the adoption of the new guidance at an IBA event in New York, saying: ‘The International Bar Association brought a key perspective to our discussions, helping us write a set of guidelines that will create a new dynamic in the investigation and prevention of foreign bribery.’

A key goal of the OECD guidance, the revised Recommendation of the Council for OECD Legal Instruments Further Combating Bribery of Foreign Public Officials in International Business Transactions, is to make negotiated settlements of international bribery cases easier to accomplish and more common, and to have a significant effect on the investigation, prosecution, and resolution of international bribery cases.  Among other things, the guidance includes direction on the use of non-trial resolutions (NTRs). More than 80 per cent of foreign bribery cases are now resolved through negotiated settlements or NTRs. This percentage is growing as more countries accept, formally or informally, the desirability of resolving complex and costly investigations through these mechanisms.

Peter Solmssen, Chair of the Non-trial Resolutions of Bribery Cases Subcommittee commented: ‘This is a significant improvement in the cooperation among nations and between prosecutors and the private bar that will make a big difference in the fight against foreign bribery.’

Kara Brockmeyer, Vice-Chair of the Subcommittee added: ‘For the first time, the OECD has established a global framework for the use of NTRs. Increased harmonisation and clarity in the resolution of international bribery cases enables the private sector to engage more effectively with governments, and governments to work more effectively together.’

The new OECD guidelines follow the publication of the 2018 IBA report, Structured Settlements for Corruption Offences Towards Global Standards? – the outcome of a global two-year project with contributions from 66 countries, which mapped regulations and best practices regarding settlements in foreign bribery cases.

Parties interested in participating in Project Roll Out should contact peter.y.solmssen@gmail.com, kbrockmeyer@debevoise.com, or tombest@paulhastings.com.

ENDS