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The Impact of Corporate Liability on Corruption in Latin America

  • Guillermo Jorge (a1)

Extract

Most Latin American countries are in the process of implementing international anticorruption standards, including standards for combating corporate corruption. Primarily based on the U.S. experience with the Foreign Corrupt Practices Act (FCPA), these international standards for combating corporate corruption are coalescing into a standardized paradigm, which requires states to establish corporate liability regimes that incentivize companies to prevent, self-police, and cooperate with law enforcement authorities in exchange for more lenient sanctions.

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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1 Organisation for Economic Co-operation and Development Convention on Combatting the Bribery of Foreign Public Officials in International Business Transactions arts. 2, 8, Dec. 17, 1997, 37 I.L.M. 1, 4 (1998) [hereinafter OECD Convention]; UN Convention Against Corruption art. 26, opened for signature Dec. 9, 2003, 2349 UNTS 41 (entered into force Dec. 14, 2005) [hereinafter UNCAC].

2 OECD Convention, supra note 1, art. 3; UNCAC, supra note 1, art. 12.

3 OECD Convention, supra note 1, art. 3; UNCAC, supra note 1, art. 26.

4 Org. for. Econ. Co-Operation & Dev., Recommendation of the Council for Development Co-operation Actors on Managing the Risk of Corruption, at III.1–6 (2016) [hereinafter OECD Recommendation]; UNCAC, supra note 1, art. 12.

5 UNCAC, supra note 1, art. 37.

6 OECD Recommendation, supra note 4, at III.7; UNCAC, supra note 1, art. 32.

7 OECD Convention, supra note 1, art. 9; UNCAC, supra note 1, art. 43.

8 UNCAC, supra note 1, art. 30.

9 Jennifer Arlen & Marcel Kahan, Corporate Governance Regulation Through Nonprosecution, 84 U. Chi. L. Rev. 323 (2016).

13 Id.

The Impact of Corporate Liability on Corruption in Latin America

  • Guillermo Jorge (a1)

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