Proskauer Rose International Practice Guide Proskauer Rose LLP |
      Proskauer on International Litigation and Arbitration:
       Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes
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E. Increasing International Assistance in FCPA Enforcement

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  1. The international community has increased its efforts to combat corruption in international business transactions.

(a) Increased law enforcement efforts by non-US countries.

(i) There are more and more cases being brought - not just by the US authorities - but also by non-US authorities, as we have seen with respect to cases involving Siemens, Pacific Consultants International, and Statoil.21

(ii) Acting Assistant Attorney General Friedrich recently stated that other nations have "significantly step[ped] up their anti-corruption efforts" through instruments such as the OECD convention and the UN convention against corruption, and that she expects that this trend will continue. 22

(b) Increased cooperation and assistance from foreign countries.

(i) The US has been increasingly effective in gathering evidence overseas through treaties as well as informal arrangements with law enforcement in other countries. 23

(ii) The recent success by the US authorities in the Siemens matter was attributed to the very extensive coordination between US and German authorities.  The extensiveness of their cooperation was to a degree never previously achieved. 24 

(c) Assistance by Non-Governmental Organizations ("NGOs"):  Another significant trend in the international anti-corruption movement is the continued growth and influence of NGOs in efforts to combat corruption and bribery. 25

21  Siemens Press Conf., supra note 1; see also CCR, supra note 3.

22  Siemens Press Conf., supra note 1.

23  Ned Sebelius, Foreign Corrupt Practices Act, 45 Am. Crim. L. Rev. 579, 606 (Spring 2008); CCR, supra note 3.

24  Siemens Press Conf., supra note 1.

25  See Sebelius, supra note 23 at 605.

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