How Doral Anti-Corruption Laws Apply To Other Countries

can other countries go to doral anti-corruption laws

The United States is one of the two countries that actively enforce anti-bribery laws, according to Transparency International. The US Foreign Corrupt Practices Act (FCPA) makes it illegal for a US individual or company to offer, pay, or promise to pay money or anything of value to any foreign official to obtain or retain business. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) are authorized to prosecute domestic bribery. The US has also played a significant role in promoting anti-corruption reforms globally, such as the United Nations Convention against Corruption (UNCAC), which has been ratified by over 189 countries. Through international treaties, the US helps establish clear benchmarks to hold countries accountable and promote integrity and accountability.

lawshun

Anti-corruption laws in Middle Eastern countries

Most Middle Eastern countries do not have dedicated anti-corruption codes, and the region as a whole fares poorly on Transparency International's Corruption Perception Index. However, in recent decades, there has been an increased interest in addressing bribery and corrupt practices. Many countries have created national anti-corruption strategies, and there has been a significant broadening of the legislative reach of anti-bribery legislation across several Middle Eastern jurisdictions.

Egypt is one such country that has included anti-corruption provisions in several of its laws. For instance, bribery as a criminal act is covered by articles 103 through 111 of Law No. 58 of 1937, the Penal Code of Egypt as amended, in the section on "Crimes against the Internal Security of the State". However, despite increasing by three points on the CPI, there are few improvements on the ground, and Egypt continues to face serious corruption issues. Civil society organisations are still subject to travel bans, and activists are regularly arrested.

Morocco has also taken steps to address corruption, with punishments for bribery outlined in the "Corruption and Exercise of Influence" section of the Criminal Code of Morocco, Ordinance No. 1-59-413 of 1962. Notably, Article 251 mentions violence and threats within the overall meaning of bribery. Morocco's efforts have enabled it to join the Open Government Partnership (OGP), a multilateral network committed to fighting corruption.

Saudi Arabia's anti-corruption program emphasises the benefits of cooperation with international bodies dedicated to combating corruption. In 2020, the country's Oversight and Anti-Corruption Authority (Nazaha) signed a $10 million funding agreement with the UN Office on Drugs and Crime (UNODC) to establish a global network of anti-corruption law enforcement authorities based in Vienna. Saudi Arabia's anti-bribery legislation, the Royal Decree for Combating Bribery, Decree No. 15 of 1962, is based on bribery-related articles of the Egyptian Criminal Code. The Decree targets both public servants and private individuals who attempt to bribe government officials.

Kuwait has also demonstrated its commitment to fighting corruption by establishing the Kuwait Anti-Corruption Authority, which has collaborated with the UN Development Program and the UNODC to develop a comprehensive strategy tailored to the country's legal and institutional systems. Additionally, Kuwait has introduced provisions for the disclosure of assets and liabilities of public officials, with penalties for bribery offences outlined in Law No. 2 of 2016.

While these countries have made notable progress in combating corruption, the Middle East as a whole continues to face significant challenges. War-torn countries like Syria, Yemen, Iraq, Libya, and Sudan are perceived to be especially corrupt. Additionally, the lack of strong political will to combat corruption in the public sector and the absence of sufficient checks and balances have hindered anti-corruption efforts in many countries across the region.

lawshun

The US's role in fighting foreign bribery

The United States has long been recognised as a global leader in combating foreign bribery and transnational corruption. This is achieved through the enforcement of foreign bribery laws and aiding the global fight against corruption. The US's commitment to fighting bribery is demonstrated by its encouragement of all governments, particularly Working Group members, to take additional action to combat foreign bribery.

Furthermore, the FCPA was amended in 1998 to enhance the United States' commitment to combating global corruption. This amendment, known as the International Anti-Bribery Act, aimed to implement the OECD Anti-Bribery Convention's provisions to create a unified international approach to fighting bribery in international business transactions. The FCPA also clarifies that certain bona fide payments or gifts that are reasonable and lawful under the laws of the foreign country do not constitute an offence.

The US's dedication to fighting foreign bribery is also demonstrated by the involvement of various government departments, such as the State, Justice, and Commerce Departments, as well as the Securities and Exchange Commission. These departments play a crucial role in investigating and prosecuting foreign bribery cases and deploying resources and expertise to combat this issue effectively. Overall, the US has shown a sustained and outstanding commitment to enforcing its foreign bribery laws and contributing to the global effort to eradicate corruption.

Canada's Queen: Law Veto Powers?

You may want to see also

lawshun

Corruption in Eastern Europe and Central Asia

The 2023 Corruption Perceptions Index (CPI) reveals that Eastern Europe and Central Asia is the second-lowest performing region, with an average score of 35 out of 100. This indicates that the region is struggling with dysfunctional rule of law, rising authoritarianism, and systemic corruption. The CPI also highlights that highly corrupt countries often exhibit fragile democratic institutions and that their citizens have weaker political and civil rights. This is evident in Eastern Europe and Central Asia, where many democratic institutions and norms are under threat from authoritarian rule.

One significant challenge in the region is state capture, where powerful individuals or groups seize control of national decision-making processes and exploit corrupt means to avoid justice. This has had detrimental effects on institutions, as seen in Montenegro, which previously experienced three decades of single-party rule. While the country has taken steps to address past corruption, the progress has been slow, and the justice system remains debilitated.

Another factor contributing to corruption in the region is the lack of effective checks and balances. Governments have failed to uphold these foundational democratic principles, enabling corruption to flourish. This has resulted in citizens feeling unable to speak out or engage in activism without fearing repercussions. Additionally, the COVID-19 pandemic has provided political leaders with an opportunity to impose further restrictions on rights and accountability, exacerbating the corruption issues.

Despite the overall grim picture, there are some positive signs. Five countries in the region have significantly improved their CPI scores over the last decade, demonstrating that change is possible even amid substantial challenges. Georgia leads the region with a CPI score of 58, followed by Montenegro (45-46) and Belarus (44). Macedonia has also shown progress, increasing its score by two points since last year, although it still faces challenges in addressing corruption following the government's fall in 2017.

lawshun

Corruption in the UK

The United Kingdom has numerous laws that punish civil servants for bribery and other forms of corruption, with the Bribery Act 2010 being the most relevant. The UK also has a United Kingdom Anti-Corruption Strategy 2017-2022, which acknowledges that corruption threatens national security and prosperity.

Despite the above, corruption in the UK is a growing concern. Transparency International's 2024 Corruption Perceptions Index scored the UK 71 out of 100, a significant drop from its 2021 score of 78. The UK ranked 20th out of 180 countries in the 2024 index, falling from 11th place in 2021. The drop in the UK's score has been attributed to increasing concerns about the government's approach to corruption, with the UK's Anti-Corruption Champion and Independent Advisor on Ministerial Interests resigning in 2023. The UK's score of 71 is also lower than the average score of 64 for Western European and European Union countries.

The UK's fall in the CPI ranking has led to criticism from Transparency International UK, which has called on the government to take urgent action to restore confidence in the integrity of political and public life. They have recommended that the government raise and enforce standards in governance, put a stop to the influence of big money in politics, and show leadership and a genuine commitment to transparency and accountability.

The World Bank has also argued that corruption disproportionately impacts the poor, increasing costs and reducing access to services, and eroding trust in the government. Anti-corruption experts have pointed to several recent scandals, including the COVID-19 inquiry into the government's procurement processes for PPE, which have led to a worsening perception of corruption in the UK.

Judiciary Power: Can Courts Repeal Laws?

You may want to see also

lawshun

Anti-corruption laws in OPIC countries

While many countries have created national anti-corruption strategies, most Middle Eastern countries do not have dedicated anti-corruption codes. However, there has been an increasing interest in addressing bribery and corrupt practices in recent decades.

OPIC, or the Overseas Private Investment Corporation, has compiled anti-bribery and extortion laws in several countries. These include:

  • Argentina
  • Bolivia
  • Brazil
  • Chile
  • China
  • Colombia
  • Costa Rica
  • Ecuador
  • Egypt
  • El Salvador
  • Ethiopia
  • Ghana
  • Greece
  • Guatemala
  • Haiti
  • Honduras
  • India
  • Indonesia
  • Iran
  • Israel
  • Jordan
  • Korea
  • Malaysia
  • Morocco
  • Nicaragua
  • Nigeria
  • Pakistan
  • Panama
  • Paraguay
  • Philippines
  • Romania
  • Saudi Arabia
  • Senegal
  • Singapore
  • Tanzania
  • Thailand
  • Tunisia
  • Turkey
  • Venezuela
  • Yemen
  • Yugoslavia
  • Zaire
  • Zambia

Specific Country Examples

  • Egypt: Anti-corruption provisions are included in several Egyptian laws. Bribery as a criminal act is covered by articles 103 through 111 of Law No. 58 of 1937, the Penal Code of Egypt, in the section on Crimes against the Internal Security of the State.
  • Morocco: Punishments for bribery are outlined in the Corruption and Exercise of Influence section of the Criminal Code of Morocco, Ordinance No. 1-59-413 of 1962. Notably, Article 251 includes violence and threats within the overall meaning of bribery.
  • Saudi Arabia: Saudi Arabia's anti-bribery legislation, the Royal Decree for Combating Bribery, Decree No. 15 of 1962, is based on the bribery-related articles of the Egyptian Criminal Code. The decree targets both public servants and private persons who attempt to bribe government officials.
  • Jordan: Bribery provisions are included in the Jordanian Criminal Code, Law No. 16 of 1960, under Crimes against Official Duties. Article 170 prescribes a relatively light sentence for public officials who accept bribes, ranging from six months to two years of imprisonment.
  • Iran: Iran's first anti-corruption law was enacted in 1925. In 1936, the Law on Exerting Undue Influence was passed, which carries a punishment of six months to two years of imprisonment and the return of acquired profit.

Frequently asked questions

The Foreign Corrupt Practices Act (FCPA) is a US law enacted in 1977 that deals with bribery and corruption. It is one of the key laws that the US uses to fight foreign bribery and corruption.

As of February 2025, the US Attorney General has paused FCPA enforcement for a period of 180 days. During this time, the Attorney General will review and update the guidelines and policies governing FCPA investigations and enforcement actions.

In 2016, Honduras created the Mission against Corruption and Impunity in Honduras (MACCIH) to address a case of embezzlement of an estimated $300 million in public funds. Northern Triangle countries, including Honduras, have also committed to creating independent anti-corruption auditing mechanisms and professionalizing public service.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment