International Guidelines for Non-trial resolutions of Foreign Bribery Cases

International Guidelines for Non-trial resolutions of Foreign Bribery Cases

Recommendation regarding Non-trial Resolutions (or Negotiated Settlements) of Cases involving Foreign Bribery.

Following the presentation of the March 2017 Report of the Recommendations of the OECD Secretary General’s High Level Advisory Group,  a group of academics, lawyers, corporate officers, NGOs and others discussed means by which Recommendation 6 of that Report might be implemented (“The Recommendation 6 Network”). 

Tina Søreide and Peter Solmssen have coordinated the effort – which started with a presentation to the OECD Working Group on Bribery on June 14, 2017.  Since then that informal group has worked collaboratively to write a set of materials that might aid the OECD Working Group in their discussions regarding the complex issue of non-trial resolutions of foreign bribery cases.

The Recommendation 6 Network members (listed in the Transmittal Memorandum) have considered a widely divergent set of viewpoints and aimed at presenting a set of proposals that represent a reasonable accommodation of all of them.  The documents are available here. 

1. Transmittal Memorandum

2. Recommendation draft

3. Annex III Principles

4. Explanatory Notes