The “Fight Song” of International Anti-Bribery Norms and Enforcement : The OECD Convention Implementation’s Recent Triumphs and Tragedies

This Article identifies the drastic differences in implementation and enforcement of the OECD Anti-Bribery Convention norms. Since its adoption and entry into force in 1999, the international community and parties to the Convention still struggle with combatting foreign bribery. The United States is a leader in implementation through the Foreign Corrupt Practices Act, but other nations do not have similar domestic statutes and rigor in enforcement or adequate administrative structures for mutual legal assistance or penalties. This Article provides an introduction to the United States and International efforts to curb acts of bribery, provides an overview of the norms and mechanisms for enforcement under the OECD Anti-Bribery Convention, and then analyzes the actual progress of selected G20 nations by examining the most recent Phase 3 peer-review reports and any follow-up recommendations. This data indicates that there are countries with high enforcement, moderate enforcement, and little or no enforcement. To better discourage foreign bribery in the future, OECD countries should provide more uniform and longer domestic statute of limitations, clear implementing legislation like the FCPA in the United States, national procedures for investigating bribery and coordinating administrative bodies, whistleblower protection, and more severe national penalties and confiscation of bribery funds. This will capture the spirit of the Convention and pave the way for more uniformity in deterring foreign bribery