국제거래와 부패방지의 법리
Anti-corruption Laws in International Business Transactions
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Abstract
Our Businesses had to compete in international markets against foreign businesses that were unconstrained by laws proscribing bribery. U.S. enacted the Foreign Corrupt Practices Act("Act") in 1977 to criminalize illicit payments to foreign public officials by U.S. businesses and individuals. International anti-corruption efforts resulted in the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed in December 1997. The Act amendments broadened of the reach of potential Act violations by expanding of the scope of persons covered by the Act. Moreover the 1998 amendments extended the Act's jurisdiction beyond the borders of the U.S. to allow greater enforcement efforts by U.S. prosecutors. Along with increasing SEC and DOJ enforcement of the Act, the 1998 amendments indicate a step forward in the battle against corruption in foreign business practices. One of the more recognized developments in the international anti-corruption movement is the growth and influence of civil society in efforts to combat corruption and bribery. The U.S. Agency for International Development fosters transparency and accountability through its financial support and professional consulting for organizations able to raise public awareness about corruption. The most influential actor in civil society with regard to anti-corruption efforts may be Transparency International. It is the only oranization solely devoted to diminishing corruption in the international commercial area, where it promotes the principles of decentralization, participation, diversity, accountabilty, and transparency in an efforrt to foster preventive measures against corruption. The success of global anti-corruption efforts is defendant on the ability to foster a multi-layered approach to corruption through international legislative mechanisms.
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