Project Roll Out
On 26 November 2021, the OECD issued a Recommendation of the Council for OECD Legal Instruments Further Combating Bribery of Foreign Public Officials in International Business Transactions. The Recommendation contains, among other things, guidance on the use of non-trial resolutions . This recommendation will have a significant effect on the investigation, prosecution, and resolution of international bribery cases.
Project Roll Out is an effort by the International Bar Association to participate in the conception and implementation of these new rules.
Those interested in participating in Project Roll Out should contact Peter Solmssen, Chair of the Non-trial Resolutions of Bribery Cases Subcommittee on firstname.lastname@example.org
For a short summary of the IBA's position,click here
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 the new 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 provided 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.
After a kickoff in New York where Drago Kos, Chairman of the OECD Working Group on Bribery, announced the adoption of the new guidelines on non-trial resolutions, Project Roll Out started. Lawyers are encouraged to evaluate the guidelines for the effect they will have on practice in their countries. The IBA will be organising conferences on the many facets of the new guidelines, such as mutual assistance, data protection laws and non bis idem.
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