Welcome to the Anti-Corruption Committee online. Here you will find information, updates, news and other resources relevant to your committee.
The Anti-Corruption Committee provides an international forum for private and public-sector practitioners to meet and discuss anti-corruption laws, compliance practices, enforcement trends and asset recovery issues.
It facilitates the sharing of best practice and the regular communication of legal and other developments, including new legislation, case-law, prosecution guidance and government policy, as well as developments in civil society, the private sector and international organisations. Committee members have the opportunity to assist one another in understanding transnational corruption, share domestic legal expertise and extend their professional experience internationally.
The committee’s regular conferences and newsletters allow members to stay abreast of developments in this fast-moving area and form a better understanding of the anti-corruption standards and practices in different countries.
The committee wishes in particular to assist practitioners in areas where anti-corruption laws and procedures are relatively under-developed or under-enforced.
In the first of a series hosted by the IBA Anti-Corruption Committee, Leopoldo Pagotto, Partner at FreitasLeite Advogados and Co-Chair of the IBA Anti-Corruption Committee, interviews Homero Andretta Junior, Attorney for Brazil and Director of International Affairs. Besides being one of representatives of the Brazilian government in international organisations including the Financial Action Task Force (FACTF) and the Working Group on Bribery of the Organisation for Economic Co-operation and Development (WGB/OECD), Homero has also been directly involved in the negotiation of international anti-corruption settlements, the discussion of institutional arrangements among the Brazilian anti-corruption enforcers and asset recovery.
Leopoldo Pagotto, Co-Chair, IBA Anti-Corruption Committee, and Homero Andretta Junior discuss how anti-corruption leniency agreements have evolved over the past seven years, and emphasise the difficulties and challenges faced. Moreover, they also discuss the role of the Federal Prosecutor´s Office (MPF) as well as the role of international cooperation in the fight against corruption for emerging countries like Brazil.
The Debarment and Exclusions Subcommittee of the Anti-Corruption Committee, in cooperation with the World Bank's Office of Suspension and Debarment (OSD), are pleased to introduce the Global Suspension & Debarment Directory, the first consultative resource on exclusion systems. This Directory is the product of the 2020 Global Suspension & Debarment Survey, a global survey launched in March 2020 that captured data and information on the exclusion systems of 23 different jurisdictions and institutions. This Directory is for anyone interested in learning about how these jurisdictions employ exclusion mechanisms to prevent certain suppliers from accessing public funds.
The IBA Anti-Corruption Committee has endorsed the World Economic Forum document, The role and responsibilities of gatekeepers in the fight against illicit financial flows: a unifying framework, joining forces with other organisations in the anti-corruption efforts.
The Framework consists of three principles: integrity, transparency and accountability, which are detailed in the five following practices:
Find out more about the Framework here: https://bit.ly/3zQ2jM2
IBA Anti-Corruption Committee Co-Chair, Leopoldo Pagotto, spoke during the panel Independent Professions Fighting Corruption on 2 June 2021. The event was organised by the IBA and the International Federation of Accountants (IFAC) and the focus was on ethics, independence and the role the professions play as allies in anti-corruption.
Having an appropriate risk assessment is a key step to help mitigate bribery and corruption risks before they materialise, and this risk assessment toolkit will assist SMEs, especially those that are new entrants to global supply chains, in formulating their anti-bribery and anti-corruption compliance policies appropriate for their industry sector, size and available resources. This submission focuses on the regulatory requirements and best practices adapted in key jurisdictions, namely the United Kingdom, United States, Australia, Brazil, Mexico, Panama, Colombia and Italy, which will enable SMEs to detect, monitor, counter and manage the challenges of bribery and corruption.Download the submission
Acknowledging the high price of corruption, some governments and international institutions are attempting to return stolen assets to public coffers. The UNODC-World Bank Stolen Asset Recovery Initiative (StAR) is committed to supporting such efforts.
A recently launched new book - Going for Broke, written by StAR jointly with the IBA, through the Asset Recovery Subcommittee of the Anti-Corruption Committee, outlines an underutilized way to pursue the restitution of corrupt funds: insolvency and bankruptcy proceedings. These proceedings offer a suite of alternative tools and procedures that can, in certain circumstances, cut through the red tape and return stolen assets to victims.Download the book
In 2016, the Structured Criminal Settlements Subcommittee (SCSS) of the IBA Anti-Corruption Committee commenced a two-year project entitled, ‘Towards Global Standards in Structured Settlements for Corruption Offences.’ The objective of this project was to map the evolving settlement practices for corruption cases of countries across the globe. The project hopes to add to the growing discussion on whether, and to what extent, there is a need for global standards.Download Report
This report, produced by the Drivers of Corruption Subcommittee, outlines the latest trend and debates in enforcement and compliance innovation.
It explores seven key areas at the centre of reform and debate: negotiated/structured settlements; corporate criminal liability; corruption and human rights; whistleblowing; internal investigations; collective action; and corporate compliance and behavioural regulation.Download Report
An IBA, OECD and UNODC initiative to raise awareness of international corruption among legal professionals.Download Report
A summary of IBA Anti-Corruption events so far.
Released on Aug 04, 2021
Companies have been increasingly required to establish appropriate short term governance- however, the implementation of short-term incentives to executives (or, as some scholars call it, ‘short-termism’) has generally been believed to be one of the main corporate governance-related causes of corrupt practices.
Released on Aug 04, 2021
On 1 April 2021, Brazil passed its New Public Procurement Law (Law No 14,133/2021), revoking Law No 8,666/1993 after almost 28 years in force. However, it is too early to say whether the new piece of legislation will create more or less trouble in the fight against a corrupt business environment.
Released on Aug 04, 2021
Italian legislation on corruption and bribery matters has notably developed in the last decades and, in 2019, Italian lawmakers took decisive action against corruption, implementing Law 3/2019 –known as ‘Legge Spazza Corrotti’ (‘Sweep-the-Corrupt’ law). This article discusses the various constitutionality issues raised by this piece of legislation.
Released on Aug 03, 2021
President Biden made fighting corruption a focus of his foreign policy. New enforcement tools in the form of legislation passed just before his inauguration and the US Commodity Futures Trading Commission’s recent first enforcement action of a foreign-corruption scheme promise to shape his administration’s anti-corruption enforcement priorities.
Released on Aug 03, 2021
The Anti-Corruption Committee also coordinates the activities of the following subcommittees/working groups.