News

USIS Washington File

08 December 1999

Text: Aaron says Battle Against Corruption Depends on Enforcement

(U.S. mounting monitoring and enforcement efforts) (2120)

U.S. Under Secretary of Commerce David Aaron says the success of the
Organization for Economic Cooperation and Development's (OECD)
Anti-Bribery Convention depends on how effectively it is monitored and
enforced.

The United States is approaching the task in three critical ways,
Ambassador Aaron said December 8 in remarks to the Seventh Annual
Conference on the Foreign Corrupt Practices Act (FCPA).

First, the Commerce Department's Trade Compliance Center (TCC) is an
active participant of the U.S. delegation to the OECD Working Group on
Bribery, he said. The group is conducting reviews of the implementing
legislation of those countries that have ratified the convention. The
group will then send capital examiners to each of those countries to
review the actual implementation and enforcement of the laws, he said.

To date, 34 countries have signed the OECD convention on anti-bribery,
and 18 have ratified it, he said.

"Second, the U.S. government has been monitoring other countries'
legislation independently," he said.

And finally, the TCC has developed the ability to receive bribery
complaints over the Internet that can be turned over to the Justice
Department for evaluation of possible violations of the U.S. Foreign
Corrupt Practices Act (FCPA), he said.

Aaron said it is troubling that several key OECD exporting countries
-- among them France, Italy, the Netherlands, Spain and Switzerland --
have not ratified the OECD anti-bribery convention. "These countries
represent over 20 percent of OECD countries' exports," he said. "It is
only with their full participation that the benefits of the convention
can truly play out."

France's reluctance to ratify the convention is especially troubling
since "we negotiated a convention largely at their insistence," Aaron
said.

The Foreign Corrupt Practices Act (FCPA) is a U.S. law that covers all
U.S. and foreign persons who commit an act of bribery of public
officials on U.S. territory. The FCPA, Aaron said, has been amended to
bring it in to full compliance with the OECD convention, which aims to
curb graft internationally.

Following are terms and acronyms used in the text:

-- billion: 1,000 million.

-- OECD: Organization for Economic Cooperation and Development.

-- OSCE: Organization for Security and Cooperation in Europe.

-- OAS: Organization of American States.

-- WTO: World Trade Organization.

Following is the text of Aaron's remarks as prepared for delivery:

(begin text)

[U.S. Department of Commerce
Washington, D.C.
December 8, 1999]

REMARKS OF AMBASSADOR DAVID L. AARON
UNDER SECRETARY FOR INTERNATIONAL TRADE
U.S. DEPARTMENT OF COMMERCE

AN UPDATE ON INTERNATIONAL ANTI-CORRUPTION INITIATIVES
BEFORE THE
7TH ANNUAL CONFERENCE ON THE FOREIGN CORRUPT PRACTICES ACT

Good afternoon. Thank you for that kind introduction and the
opportunity to be here today to address this important conference on
anti-corruption initiatives.

The presence of corruption -- most simply defined as the abuse of
power for private benefit -- is by no means a new phenomenon.

In his treatise Bribes, Judge John T. Noonan traces corruption and
concern for its practice from ancient India, to biblical times, and
then as a common theme in the classic plays of William Shakespeare.

In our own country apprehension over corruption dates back to our very
foundations -- the Constitution made bribery one of explicitly
mentioned crimes which could lead to the impeachment of a U.S.
President.

At the close of the 20th century, freer media and more democratic
governments have no doubt played a role in exposing corruption and in
making us more aware of its costs. We now realize more than ever how
corruption undermines political processes, leads to the unfair
allocation of resources, and generally hinders private and public
sector development.

At the same time, we are in a better position to work together to root
it out.

Today I would like to provide a brief update on three very important
efforts aimed at curbing corruption internationally: First, the OECD
Anti-Bribery Convention, Second, the Inter-American Convention Against
Corruption, otherwise known as the OAS convention and Third, the WTO
convention on transparency in government procurement.

I would also like to touch briefly on Southeast Europe. I recently
urged all the countries of the region to adopt an anti-corruption
program and was very pleased with the outcome of the recent OSCE
summit.

OECD CONVENTION

At the Commerce Department we have been hearing from exporters for
years what an obstacle foreign bribery is in competing for
international contracts. As we reported to Congress this past July,
from 1994-1998 the outcome of approximately 240 contracts valued at
$108 billion may have been affected by bribery involving foreign
firms. From May 1998 through April 1999, additional allegations of
bribery were made involving 55 contracts worth approximately $37
billion.

This is why we have worked diligently to eliminate bribes and
corruption in international business transactions. This has been a top
priority for Secretary Daley and myself since we joined the
Administration.

The Foreign Corrupt Practices Act (FCPA) has been the foundation of
the Administration's efforts. As many of you know, the FCPA, until
just recently, covered only U.S. legal and physical persons, and
foreign persons only in limited circumstances.

Now the FCPA covers all foreign persons who commit an act of bribery
on U.S. territory. The FCPA's jurisdiction has now been expanded to
cover U.S. nationals, whether physical or legal persons, who bribe
irrespective of whether there is a territorial nexus to the U.S.

We have made these changes in the FCPA to implement the most important
effort to curb graft internationally -- the OECD Anti-bribery
convention.

The OECD convention is an initiative that I have worked on for many
years. I was U.S. Ambassador to the OECD during the convention's
negotiations. So I can attest first hand to its thoroughness in
monitoring and limiting corruption.

It was a personally gratifying triumph for Secretary Daley, myself,
and the whole Administration when the OECD convention was finally
signed by 34 countries in December 1997, and entered into force this
past February with eighteen countries having ratified it.

But, this does not mean that our work is done. Several key exporting
countries -- among them France, Italy, the Netherlands, Spain and
Switzerland -- have not yet ratified the convention. These countries
represent over 20 percent of OECD countries' exports. We need to
continue to urge them to ratify the Convention as soon as possible. It
is only with their full participation that the benefits of the
Convention can truly play out. France is particularly a point of
concern. We negotiated a convention largely at their insistence. Their
failure to ratify, therefore, is hard to understand.

Another important element to the Convention's success is to ensure
that it is properly monitored and enforced. At the Commerce Department
we have decided to play a major role in this effort.

Let me tell you what we are doing:

First, Our Trade Compliance Center (TCC), along with attorneys from
our General Counsel's office, participate as members of the U.S.
delegation to the OECD Working Group on Bribery.

So far, in what is termed "Phase I" of the monitoring process, the
Working Group has reviewed the implementing legislation of thirteen
countries, including the United States, Germany, and Japan.

Next week, the Working Group will review the implementing legislation
of Australia, the United Kingdom, and Austria.

The goal is to have reviewed all of the signatories' implementing
legislation by the end of the year 2000. Then, in "Phase II" of the
monitoring process, the Working Group will send examiners to capitals
to review the implementation of the laws and how they are being
enforced.

Second, the U.S. Government has been monitoring other countries'
legislation independently. Last July, we and the State Department
submitted reports to Congress on the implementation of the OECD
convention, in which we analyzed the implementing legislation of the
eleven countries that had become parties to the convention at the
time.

And finally, the Commerce Department's Trade Compliance Center is now
equipped to receive bribery complaints over the Internet. Depending on
the nature of the complaint, we will work with our colleagues at other
agencies to refer possible FCPA violations to the Justice Department
and to determine whether there has been a violation of one of our
trading partner's laws implementing the OECD convention. Information
on the hotline and on our Congressional report can be obtained by
calling 1-800-USA-TRADE.

Another area that we are watching very closely is whether countries
are disallowing the tax deductibility of bribes. Under the 1997
Recommendation on Combating the Bribery of Foreign Public Officials in
International Business Transactions, OECD convention signatories
committed to disallowing deductions of bribes to foreign public
officials.

Incredibly, some countries still have laws on the books allowing for
such deductions, such as Australia, New Zealand, and Switzerland.
Other countries, such as France, have passed legislation restricting
the practice, but will still allow some forms of tax deductions for
bribes.

We are working very closely with our colleagues at the Treasury
Department to remind these countries that this practice must stop, and
that bribes should not be tax deductible under any circumstances.

OAS CONVENTION

An important regional anti-corruption initiative that I would also
like to discuss is the OAS convention. In addition to bribery of
foreign officials, the OAS Convention also addresses corruption more
generally.

For example, the OAS Convention requires state parties to criminalize
both domestic and foreign bribery. The domestic anti-bribery
provisions are aimed at both the bribe offeror and the recipient,
whereas the international anti-bribery provisions address only the
offeror.

The OAS Convention also lists other acts of corruption that the state
parties agree to consider criminalizing under their domestic laws,
such as the improper use of information or property by government
officials; the attempt by any person to obtain illicit benefits; and
the diversion of state property.

Furthermore, under the OAS Convention, state parties agreed to
consider enacting additional so called "softer" anti-corruption
initiatives in their domestic laws, such as measures concerning
transparency and accountability in government, ethical standards for
government officials, and measures applicable to private concerns.

So far, twenty-six countries in our Hemisphere have signed the OAS
convention, and it has been ratified by seventeen of those countries.

The United States signed the OAS Convention in June 1996 and the
President sent it to the U.S. Senate in April 1998 for approval.
Unfortunately, the U.S. Senate has not yet ratified it.

The Administration's position on this is simple: we should ratify the
OAS convention as soon as possible and set an example for our Latin
American friends.

Secretary Daley and I will be working with you -- the private sector
-- and our colleagues in the Senate in an effort to promote a better
understanding of this important agreement, and enabling our country to
ratify the OAS Convention.

(TRANSPARENCY AND GOVERNMENT PROCUREMENT WTO)

Finally, during my recent trip to Kosovo, I proposed a six point
anti-corruption and good governance program aimed at stimulating the
economic development of Southeast Europe. Bribery and corruption
create a risky and often costly investment climate. I made it clear
that there was a direct correlation between high levels of corruption
and low levels of foreign investment. And that the only way
opportunities for bribery and corruption can be minimized was through
deregulation and privatization, greater transparency, strict ethics
rules, and the reduction of the degree of discretion practiced by
officials.

I urged Southeastern European country leaders to adopt stronger, more
reliable, transparent systems that will make for a more attractive
investment climate for foreign companies.

I also want to report a major breakthrough that happened during the
November OSCE Summit in Istanbul. For the first time in its history,
the OSCE recognized corruption as a major threat to Europe's future
prosperity. We are very pleased that summit leaders have taken an
important first step in bringing to bear the prestige and weight of
the OSCE in the fight against corruption.

The November 19th Summit Declaration tasks the OSCE permanent council
to examine how best to contribute to efforts to control corruption and
calls for the results of this work to be reported to the 2000
Ministerial meeting.

As we end this century, we are poised to reach a global consensus on
corruption -- curtailing it significantly to the benefit of all
nations. Through our efforts at the OECD, in our own hemisphere with
the OAS, and in war-torn regions with our Southeast Europe initiative,
we are doing all we can to put an end to bribery, kickbacks, and
graft. I look forward to continuing to work with all of you and would
be happy to take questions.

(end text)

(Distributed by the Office of International Information Programs, U.S.
Department of State)