Co-Chair
Leopoldo Pagotto

Co-Chair
Sophie Scemla

Anti-Corruption 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.

About the 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.

Projects, Reports and Resolutions

IBA Anti-Corruption Committee interview with Justice Richard Goldstone - April 2022 from International Bar Association on Vimeo.

In the sixth interview in the IBA Anti-Corruption Committee’s series, Leopoldo Pagotto, Senior Chair of the Committee and a partner at FreitasLeite Advogados in São Paulo, interviews Justice Richard Goldstone, Honorary President of the IBA’s Human Rights Institute, a member of the IBA Council and a member of the Board of Directors of Integrity Initiative International.

IBA Anti-Corruption Committee interview with Nick Chan - February 2022 from International Bar Association on Vimeo.

In the fifth interview in the IBA Anti-Corruption Committee’s series, Hin Han Shum, the Committee’s Young Lawyers’ Committee Liaison Officer and a senior associate at Squire Patton Boggs in Hong Kong, interviews Nick Chan, a partner at Squire Patton Boggs in Hong Kong, a HKSAR Medal of Honour recipient and a publicly elected member of the 13th National People’s Congress of the People’s Republic of China.

IBA Anti-Corruption Committee interview with Paul Massaro - January 2022 from International Bar Association on Vimeo.

In the fourth episode of a series hosted by the IBA Anti-Corruption Committee, Pascale H Dubois, an Independent International Anti-Corruption Advisor, interviews Paul Massaro, Senior Policy Advisor at the US Commission on Security and Cooperation in Europe. Pascale and Paul discuss the latest US initiatives in the field of anti-corruption.

IBA Anti-Corruption Committee interview with Daniëlle Goudriaan - October 2021 from International Bar Association on Vimeo.

In this third episode, Nicole Bonucci, who is a partner of Paul Hastings LLP and is a member of the IBA Anti-Corruption Committee Advisory board interviews Danielle Goudriaan, European Prosecutor at the European Public Prosecutor’s Office (EPPO).

IBA Anti-Corruption Committee interview with Kate Cameron Atkinson - August 2021 from International Bar Association on Vimeo.

The second in a series of interviews conducted by the IBA Anti-Corruption Committee with compliance practitioners across the globe. This time we speak to Kate Cameron Atkinson, Chair of Miller & Chevalier, Washington, DC.

IBA Anti-Corruption Committees interview with Homero Andretta Junior - July 2021 from International Bar Association on Vimeo.

Episode 1 of the IBA Anti-Corruption Interview Series - a series of 15 minute interviews with a range of anti-corruption practitioners. Our guest this time is Attorney for Brazil and Director of International Affairs, Homero Andretta Junior.

Ukraine: IBA Anti-Corruption Committee creates taskforce to aid reconstruction efforts (published 2022

The International Bar Association (IBA) has created a special task force to help Ukraine address, and avoid, the common pitfalls countries make during the reconstruction process following war or natural disasters. The Task Force will focus on anti-corruption and compliance-related matters with the aim of helping to reduce the loss of valuable international community resources to corrupt practices. It is often reported that jurisdictions trying to rebuild after devastation do not receive resources intended for them due to corruption and/or poor compliance controls. Click here to view.

The Anti-Corruption Committee’s Submission to OECD Draft Risk Assessment Toolkit for SMEs (published 2021)

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

'Going for Broke': Can insolvency proceedings help recover corrupt assets? (published 2019)

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

Structured Settlements for Corruption Offences: Towards Global Standards (published 2018)

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

Anti-Corruption Law and Practice Report 2017: Innovation in Enforcement and Compliance

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

Anti-Corruption Strategy for the Legal Profession

An IBA, OECD and UNODC initiative to raise awareness of international corruption among legal professionals.

Download Report

Resolutions

Limits to compliance officers’ criminal liability in Brazil: the role of compliance in the society of risk

Modern society is a society of risk. This phenomenon was first described by Ulrich Beck as being a consequence of the modern society. According to Beck, risk is omnipresent because society is increasingly occupied with debating, preventing, and managing risks that it has itself produced. One of the consequences of the risk society phenomenon is the development of new criminal doctrines which seek to maximise prevention in the face of new criminal threats (‘criminal law for risks’).

Released on Sep 14, 2022

Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption

Arbitrators are regularly confronted with corruption issues either because corruption has been alleged by one of the parties or because certain facts lead to a suspicion of corruption. This article aims to understand the role of arbitrators in the global fight against corruption including whether they have jurisdiction to decide on those issues and whether they can investigate those matters sua sponte.

Released on Sep 14, 2022

Q: ‘Did you conduct an internal investigation at the time?’ A: ‘By virtue of which text?’

‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.

Released on Sep 14, 2022

Brazilian government sales: how to address risks in integrity programmes

The government or public sector, is one of the most important clients, if not the major client for a significant number of companies doing business in Brazil. This means that companies are constantly exposed to the intricacies of government sales and to its risks.

Released on Sep 14, 2022

Subcommittees and other groups

The Anti-Corruption Committee also coordinates the activities of the following subcommittees/working groups.

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