by Kathryn Gordon and Brooks Hickman

The liability of legal persons for foreign bribery and related economic offenses is a key feature of the emerging legal infrastructure for the global economy.  Without it, governments face a losing battle in the fight against the bribery of foreign public officials and other complex economic crimes.

In recognition of the essential role that the liability of legal persons plays in combating foreign bribery, Articles 2 and 3 of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) (PDF: 598 KB) require “[e]ach Party … to establish the liability of legal persons for foreign bribery” and to apply “effective, proportionate and dissuasive” penalties to legal persons for foreign bribery. Continue reading →