Confronting Corruption

Foreword
Acknowledgments
Abbreviations

Part I: Setting the Scene

CHAPTER 1: INTRODUCTION
1 FIFA, a criminal organization?
2 The Malaysian Wealth Fund '1MDB'
3 Panama Papers

CHAPTER 2: WHY THE GROWING CONCERN ABOUT CORRUPTION?
1 Present at the Creation
2 Putting Corruption on the International Agenda
3 Need for Action
4 Reasons for Continuing Resistance
5 Growth of Anti-corruption Capability
6 Expansion of Global Economy
7 Digital Communications

CHAPTER 3: THE POLITICS OF ANTI-CORRUPTION
1 Transparency International and Its Politics
2 International Organizations
a OECD
b UNODC
c G20
d World Bank
e International Chamber of Commerce
f FIFA
3 Governments
a United States
b UK
c Nordic Countries
d China
e Bangladesh
4 Role of Media
5 Growth of Anticorruption Movement
6 Government Departments
7 Private Industry
8 NGOs
9 Professional Organizations
10 Universities
11 Illicit Activities
12 Major Political Influences
a Tone at the Top
b Power of the Legal Establishment
c Role of Civil Society
d People Power
e Counter Actions

CHAPTER 4: WHAT IS CORRUPTION?
1 A 'cancer' to be rooted out?
2 Giving and taking
3 Legal definitions
4 Corruption comes in different forms
5 A systemic perspective
6 What is the common denominator?
7 Are we sure that corruption is harmful?
8 How big is the problem?
9 Why have we chosen to fight corruption now?
10 Are we making a difference?

Part II: Drivers of Change

CHAPTER 5: EVOLUTION OF TRANSPARENCY INTERNATIONAL
1 Peter Eigen and the World Bank
2 The Genesis of TI
3 Organizing TI
a Meeting with Amnesty International
b Organization Meeting at Dutch Foreign Ministry
c Berlin Launch Conference
d Ecuador Meeting
e Jeremy Pope becomes Managing Director
f Growth of National Chapter Network
g Publication of TI Index
4 Conventions Advocacy
a OECD Convention
b TI Progress Reports on Enforcement
c United Nations Convention against Corruption
d Evolution of TI Management
e The 2005 Election

CHAPTER 6: THE UNITED STATES: FOREIGN CORRUPT PRACTICES ACT AND CAMPAIGN FINANCING
1 Colonial Heritage
2 Constitutional Debates
3 Yazoo Controversy
4 Passage of 14th Amendment
5 Construction of Panama Canal
6 Watergate
7 Foreign Corrupt Practices Act
8 Citizens United Case

CHAPTER 7: BRIBING FOREIGN OFFICIALS: THE OECD ANTI-CORRUPTION INSTRUMENTS
1 Is bribery a necessary evil?
2 The US Foreign Corrupt Practices Act
3 The initiative and first steps in the OECD
4 The 1994 Recommendation and the Follow-up
5 Implementing the Convention
6 The crisis
7 Overcoming the crisis: the UK Bribery Act 2010
8 Uneven application
9 Further challenges
10 A new step forward: the 2009 Recommendation
11 A final positive experience
12 Conclusion

CHAPTER 8: THE UN CONVENTION AGAINST CORRUPTION
1 Global Significance
2 The Politics of UNCAC
3 The United Nations Convention against Corruption: anti-corruption's expanding frontier
a Overview of the United Nations Convention Against Corruption
b Provisions directly affecting international business
c Strengthening national integrity systems
d The implementation review mechanism

Part III: Pervasive Trouble Spots

CHAPTER 9: BANKING AND FINANCE
1 Grand corruption and money flows
2 A new topic altogether
3 Expansion
4 Current status of rules against corruption-money laundering
5 Asset Recovery
6 Is Asset Recovery working?
7 Conclusion

CHAPTER 10: EXTRACTIVE INDUSTRIES
1 The 'resource curse'
2 Publish what you pay
3 The Extractive Industries Transparency Initiative
4 The struggle for regulation
a United States: Section 1504 of the Dodd-Frank Act
b EU: revision of its Transparency and Bookkeeping Directives
5 Regulating trading?
6 Collective action as a way forward?

CHAPTER 11: INFRASTRUCTURE AND CONSTRUCTION
1 The risks
2 What needs to be done?

CHAPTER 12: AERONAUTICS AND DEFENSE
1 What are the particular risks in defense procurement?
2 The key role of defense offsets
3 Specific corruption risk related to offsets
4 How to prevent corruption in the defense industries?

CHAPTER 13: THE ART MARKET
1 Challenges
2 Self-regulation?
3 International law?

CHAPTER 14: THE PHARMACEUTICAL INDUSTRY
1 Challenges
2 What needs to be done?

CHAPTER 15: SPORTS GOVERNING BODIES: THE FIFA EXPERIENCE
1 Emotions and big business
2 Multinational enterprises and quasi-intergovernmental organizations
3 Old Boys suddenly becoming rich
4 FIFA a company in trouble or a criminal organization?
5 The responsibility of the host country
6 What's wrong with self-regulation?
7 Example FIFA
8 International regulation
9 What is on the current reform list?

CHAPTER 16: DEVELOPMENT ASSISTANCE
1 Its logic
2 Is development assistance effective?
3 Donor interest
4 Tolerating embezzlement?
5 Is there a way out of the dilemma?
6 Oil-for-Food
a The official Programme
b Planned Distribution of Oil Proceeds
c What went wrong?
d Oil Surcharges - Flow of Funds
e Humanitarian Contract Kickbacks - Flow of Funds
f Illicit Income Received by Iraq under the Programme
7 The Contribution of the IFIs

Part IV: Criminal Law and other Forms of Regulation

CHAPTER 17: STRENGTHS AND LIMITATIONS OF CRIMINAL LAW
1 Is criminal law really that essential to combating bribery?
2 Who is a 'foreign public official'?
3 What about the eternal 'facilitation payments'?
4 Individuals versus corporate liability
5 Watch your agents!
6 The proof is in the pudding
7 Are prosecutors and courts out of their depths?
8 Do we need a Supranational Criminal Court for large scale corruption?

CHAPTER 18: BEYOND CRIMINAL LAW: ADMINISTRATIVE SANCTIONS AND PREVENTIVE MEASURES
1 Regulatory sanctions
2 Debarment by MDBs
3 Automatic debarment?
4 Is debarment always the best solution?
5 Dealing with corruption in arbitration procedures
6 Prevention

Part V: Private Sector Responses

CHAPTER 19: PRIVATE SECTOR RESPONSE TO CORRUPTION
1 Major Trends
2 Evolution of Compliance
a Role of NGOs
b UN Global Compact
c Industry Sector Initiatives: Wolfsberg
d Other Industry Sector Initiatives
Extractive Industries Transparency Initiative (EITI)
Construction Sector Transparency (CoST)
Aerospace and Defense (IFBEC)
3 Common Problem Areas
a Gifts, Entertainment and Travel Expenses
b Lobbyists and Sales Representatives
c Political Contributions
d Avoiding Extortion
e Private-to-Private Bribery
f Facilitation Payments
g Foreign Subsidiaries and Joint Ventures
4 Psychology of Corrupt Conduct
a Type A
b Type B
c Type C
5 Factors Needed to Influence Corporate Culture
a Tone at the top is important
b Transparent Rules
c Leadership selection
6 Moving Anti-corruption to the Next Level

CHAPTER 20: COLLECTIVE ACTION
1 Why collective action?
2 From an academic think piece to a practical solution
3 What is collective action?
4 Is collective action really necessary?

Part VI: Moving Forward

CHAPTER 21: WHAT HAVE WE ACHIEVED?
1 Achievements and challenges
2 Accomplishments
3 Challenges

CHAPTER 22: GLOBALIZATION AND DIGITAL REVOLUTION
1 Globalization
a Globalization of Corruption
b Impact of Globalization on Law Enforcement
2 Digital Revolution
a Cyber Forensics
b Digital Initiatives
c The Political Impact
d Awareness Raising

CHAPTER 23: DIFFERENT STRATEGIES FOR DIFFERENT COUNTRIES
1 Countries with Strong Democratic Institutions
2 Countries with Weaker Democratic Institutions
3 Countries with Autocratic Governments
a Working with China
b Working with Russia
c The Arab Spring and its Implications for the Middle East and North Africa
4 Failed States
5 Long-Term Strategy Perspective

Bibliography
Index