to the convention and have made the bribery of foreign officials a criminal offence. In addition, the countries have agreed to put in place measures reinforcing their efforts to prevent, detect, and investigate foreign bribery. China is not currently a member party to the OECD Anti-Bribery Convention. PROPOSAL To reduce the probability of recurrence of this type of problem, we propose the following: Clarify the FCPA’s definition of official”; “foreign Enlarge and enhance OECD engagement in the fight against foreign bribery and; Raise global awareness of foreign bribery. The FCPA Definition of Official” “Foreign We believe a large part of why international bribery occurs is due to uncertainty regarding the FCPA definition of official”. In the Longenecker describes Journal of Business Ethics, “foreign FCPA provisions as vague that business executives, fearing its sanctions, have become “so unnecessarily cautious in their international operations.” The Institute for Reform published a paper, titled Restoring Balance: Proposed by Andrew Weissmann and Alixandra Smith. Amendments to the Foreign Corrupt Practices Act, According to the publication, clarifying the definition of official” will improve the “foreign FCPA. The statute defines a official” as: “foreign officer or employee of a foreign government or any department, agency, or “any instrumentality thereof, or of a public international organization, or any person acting in
to the convention and have made the bribery of foreign officials a criminal offence. In addition, the countries have agreed to put in place measures reinforcing their efforts to prevent, detect, and investigate foreign bribery. China is not currently a member party to the OECD Anti-Bribery Convention. PROPOSAL To reduce the probability of recurrence of this type of problem, we propose the following: Clarify the FCPA’s definition of “foreign official”; Enlarge and enhance OECD engagement in the fight against foreign bribery and; Raise global awareness of foreign bribery. The FCPA Definition of “Foreign Official” We believe a large part of why international bribery occurs is due to uncertainty regarding the FCPA definition of “foreign official”. In the Journal of Business Ethics, Longenecker describes FCPA provisions as “so vague that business executives, fearing its sanctions, have become unnecessarily cautious in their international operations.” The Institute for Reform published a paper, titled Restoring Balance: Proposed Amendments to the Foreign Corrupt Practices Act, by Andrew Weissmann and Alixandra Smith. According to the publication, clarifying the definition of “foreign official” will improve the FCPA. The statute defines a “foreign official” as: “any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in
avon_products_bribery_scandal_in_china.docx