The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Nicola Bonucci. Currently a partner in the Paris office of Paul Hastings LLP, Bonucci previously served as the Director for Legal Affairs for the Organization for Economic Cooperation and Development (OECD). The in-depth podcast focuses on the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention“).
During the podcast, Bonucci responds to questions regarding the following issues:
(i) the false narrative that the FCPA (post 1998 amendments) “conforms” to the OECD Convention; (ii) whether the OECD Convention or its commentaries has any form of “legislative history”; (iii) the narrative often heard by the OECD (and others) that it is too difficult in certain jurisdictions to convict a business organization of a bribery related crime; (iv) whether the OECD prioritizes quantity of enforcement over quality of enforcement; (v) why anyone should care what non-U.S. experts think about the U.S. FCPA, U.S. law enforcement policies and practices, and U.S. jurisprudence; (vi) Article 4 of the OECD Convention which states in part “when more than one Party has jurisdiction over an alleged offence …, the Parties involved shall, at the request of one of them, consult with a view to determining the most appropriate jurisdiction for prosecution”; and (vii) Article 5 of the OECD Convention which states “investigation and prosecution of the bribery of a foreign public official shall be subject to the applicable rules and principles of each Party … [and] shall not be influenced by considerations of national economic interest, the potential effect upon relations with another State or the identity of the natural or legal persons involved.”
FCPA Flash is sponsored by Kreller Group.
For the past 30 years, Kreller has distinguished itself as a best-in-class enhanced due diligence provider. It’s investigative network leverages the talent and integrity of some of the best law-enforcement, military specialists, business correspondents, and government contacts worldwide. With firsthand knowledge of the language, laws, regulations, political and economic climates and data availability in each country, Kreller provides reliable, compliant, and accurate information. A licensed private investigations firm, Kreller’s competitive advantage is experience, quality, commitment, and customer service.
The post FCPA Flash Podcast – A Conversation With Nicola Bonucci Regarding The OECD Convention appeared first on FCPA Professor.