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The IBA’s response to the situation in Ukraine
The Non-trial Resolutions of Bribery Cases Subcommittee is a subcommittee of the IBA Anti-Corruption Committee.
Following the presentation of the March 2017 Report of the Recommendations of the OECD Secretary General’s High Level Advisory Group, a group of academics, lawyers, corporate officers, NGOs and others discussed means by which Recommendation 6 of that Report might be implemented ('The Recommendation 6 Network').
Tina Søreide and Peter Solmssen have coordinated the effort – which started with a presentation to the OECD Working Group on Bribery on 14 June 2017. Since then that informal group has worked collaboratively to write a set of materials that might aid the OECD Working Group in their discussions regarding the complex issue of non-trial resolutions of foreign bribery cases.
The Recommendation 6 Network members (listed in the Transmittal Memorandum) have considered a widely divergent set of viewpoints and aimed at presenting a set of proposals that represent a reasonable accommodation of all of them. The documents are available here:
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.
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:
To ensure that these aims are met and that IBA policies are pursued consistently, the IBA has organized Project Roll Out under the leadership of the Non-trial Resolutions Subcommittee of the Anti-Corruption Committee of the LPD.Find out more about Project Roll Out
In 2018 the IBA published a global study showing that foreign bribery cases are usually terminated before a full trial and verdict are concluded. The practice of settling rather than trying cases to a conclusion is widespread, but varied, non-transparent and unpredictable. Lawyers and corporations have tried for years to address this. Now the OECD Working Group on Bribery, a group of justice ministry officials from 44 countries, proposes to do just that. This webinar addressed the Working Group's planned guidelines for the settlement of international bribery cases.
Senior Vice Chair
Regional Representative Europe
Regional Representative Asia Pacific
Regional Representative North America
Regional Representative Latin America