Transnational Anti-Bribery Enforcement: A German Perspective

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Sunday, July 1, 2007
Author: 
Lothar Lieske
Volume: 
23
Issue: 
7
269
Abstract: 
Over the past few years, Germany’s anti-corruption laws and enforcement have significantly changed, as evidenced by the latest scandals in the German automobile and electronics industries. Two former Siemens managers face bribery charges in connection with a business deal with Enel, an Italian company – the first such indictment under new German laws targeting transnational bribery. Unlike the U.S. Foreign Corrupt Practices Act (FCPA), established in 1977, the new German anti-corruption statutes, Europäisches Bestechungsgesetz (EUBestG -European-Anti Corruption Act) and the Gesetz zur Bekämpfung internationaler Bestechung (IntBestG - Act against international Corruption), became effective in 1998 and 1999. The two laws are rooted in an anti-bribery convention at the Organization for Economic Cooperation and Develoment (OECD) in 1994. Prior to the new legislation, transnational bribes to foreign officials were permissible, deductible business expenses for tax purposes ... [more]