Project Roll Out
The International Bar Association anticipates that the Working Group on Bribery of the OECD will soon publish guidelines for member countries to follow in non-trial resolutions of foreign bribery cases.
While the Working Group on Bribery rarely includes outside experts in its work, in this case it has expressed an interest in what members of the IBA think about these issues, giving us the opportunity to be heard.
To do so, the IBA has asked its members to participate through contacts at the OECD and through contact with national members of the Working Group on Bribery with the aim of:
- 1. Influencing the content of the guidelines as they are being drafted
- 2. Participating in the national implementation of the guidelines
Those interested in participating in Project Roll Out should contact Peter Solmssen, Chair of the Non-trial Resolutions of Bribery Cases Subcommittee on email@example.com
While once fairly rare, now over 80% of foreign bribery cases are resolved through negotiated settlements or non-trial resolutions. That percentage is growing as more and more countries accept, formally or informally, the desirability of resolving complex and costly foreign bribery investigations through non-trial resolutions.
There are, however, difficult issues that need to be resolved, and international guidelines are necessary and desirable.
The growing phenomenon of non-trial resolution of foreign bribery offences motivated the IBA Anti-Corruption Committee to set up the Structured Criminal Settlements Subcommittee (SCSS) in 2016. The IBA Report, ‘Structured Settlements for Corruption Offences: Towards Global Standards?’ is the result of a two-year project to map regulations and best practices regarding settlements in foreign bribery cases across the globe. With contributions from 66 countries, the IBA Report provides an up-to-date and comparative overview of salient issues relating to structured settlements for corruption offences from diverse national viewpoints.
In the process of investigating national practices for resolving foreign bribery cases without full trials, the subcommittee learned that the term 'non-trial resolution' was a more appropriate term than 'negotiated settlement', and accordingly changed its name.
To ensure that these aims are met and that IBA policies are pursued consistently, the IBA has organised Project Roll Out under the leadership of the Non-Trial Resolutions Subcommittee of the Anti-Corruption Committee of the LPD.
Find out more
- The OECD study on non-trial resolutions: OECD (2019), Resolving Foreign Bribery Cases with Non-Trial Resolutions: Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention
- The draft guidelines prepared by the Recommendation 6 Network