U.S. Anti‑Corruption Convention Reviews Summarized in House Oversight Document

Phase 3 review of the United States, which was completed in October 2010, the Working Group commended US. efforts to fight transnational bribery and highlighted a number of best practices developed by the United States. The report also noted areas where the United States’ anti- bribery efforts could be improved, including consolidat- ing publicly available information on the application of the FCPA and enhancing awareness among small- and medium-sized companies about the prevention and detec- tion of foreign bribery. This guide is, in part, a response to these Phase 3 recommendations and is intended to help businesses and individuals better understand the FCPA.” U.N. Convention Against Corruption The United States is a state party to the United Nations Convention Against Corruption (UNCAC), which was adopted by the U.N. General Assembly on October 31, 2003, and entered into force on December 14, 2005.8 The United States ratified the UNCAC on October 30, 2006. The UNCAC requires parties to crimi- nalize a wide range of corrupt acts, including domestic and foreign bribery and related offenses such as money launder- ing and obstruction of justice. The UNCAC also estab- lishes guidelines for the creation of anti-corruption bodies, codes of conduct for public officials, transparent and objec- tive systems of procurement, and enhanced accounting and auditing standards for the private sector. A peer review mechanism assesses the implementation of the UNCAC by parties to the Convention, with a focus in the first round on criminalization and law enforcement as well as inter- national legal cooperation.” The United States has been reviewed under the Pilot Review Programme, the report of which is available on DOJ’s website. As of November 1, 2012, 163 countries were parties to the UNCAC.” Other Anti-Corruption Conventions The Inter-American Convention Against Corruption (IACAC) was the first international anti-corruption con- vention, adopted in March 1996 in Caracas, Venezuela, by members of the Organization of American States.” Introduction The IACAC requires parties (of which the United States is one) to criminalize both foreign and domestic brib- ery. A body known as the Mechanism for Follow-Up on the Implementation of the Inter-American Convention Against Corruption (MESICIC) monitors parties’ compli- ance with the IACAC. As of November 1, 2012, 31 coun- tries were parties to MESICIC. The Council of Europe established the Group of States Against Corruption (GRECO) in 1999 to monitor countries’ compliance with the Council of Europe’s anti- corruption standards, including the Council of Europe’s Criminal Law Convention on Corruption.” These stan- dards include prohibitions on the solicitation and receipt of bribes, as well as foreign bribery. As of November 1, 2012, GRECO member states, which need not be members of the Council of Europe, include more than 45 European countries and the United States.* The United States has been reviewed under both MESICIC and GRECO, and the reports generated by those reviews are available on DOJ’s website. HOUSE_OVERSIGHT_022510