14 Dick. J. Int'l L. 207 (1995-1996)
The United States' Foreign Corrupt Practices Act and the OECD Anti-Bribery Recommendation: When Moral Suasion Won't Work, Try the Money Argument

handle is hein.journals/psilr14 and id is 215 raw text is: The United States' Foreign Corrupt
Practices Act and the OECD Anti-
Bribery Recommendation: When
Moral Suasion Won't Work, Try the
Money Argument
Beverley Earle*
I.   Introduction
When the United States passed the Foreign Corrupt Practices
Act (FCPA) in 1977, it was the lone voice for reform in the
international arena of business transactions.1 It was an attempt to
regulate transactions by United States companies and individuals
and their agents abroad. The legislation represented efforts to
enforce a concept of morality and to level the playing field in
forbidding the use of corrupt payments offered to foreign officials
to obtain or retain business.      The anticipated rush by other
countries to follow the United States' lead never occurred.2
* Associate Professor of Law, Bentley College, Waltham, MA. B.A.,
University of Pennsylvania; J.D., Boston University School of Law. Special thanks
to Margo Reder, J.D., Research Associate, Bentley College, for her assistance in
research and editing.
1. See Foreign Corrupt Practices Act of 1977, Pub. L. No. 95-213, 91 Stat.
1494 (codified as amended at 15 U.S.C.  78a, 78m, 78n, 78t, 78dd-1, 78dd-2, 78ff
(1988 & Supp. V 1993); see also Securities and Exchange Commission, Report on
Questionable and Illegal Corporate Payments and Practices (1976). See generally
1977 U.S.C.C.A.N. (91 Stat.) 1494-1500 (setting forth text of original FCPA); S.
Rep. No. 114, 95th Cong., 1st Sess. 1-14 (1977), reprinted in 1977 U.S.C.C.A.N.
4098-4127 (setting forth legislative history of FCPA noting persistence of problem
of improper payments to foreign government officials by American corporations).
2. See generally William L. Jennings & Craig A. Gillen, Complying With the
Foreign Corrupt Practices Act, NAT'L L.J., Apr. 17, 1995, at C10; Morton Mintz,
Hill Considers Changing Law on Foreign Bribery, WASH. POST, Oct. 25, 1987, at
H6 (noting FCPA law stems from events beginning in 1974 when United Brands
paid a bribe in exchange for favorable tax treatment and such revelations caused
global turmoil); Juan J. Walte, Antibribery Law Eased, UPI, Nov. 23, 1981,
available in LEXIS, News Library, ARCNWS File (noting problematic implemen-
tation of FCPA and reporting Senate's acknowledgement that standards were not
realistic in practical world in which international commerce operates).

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