Foreign Corruption: Differentiating Illegal Acts from Legal Acts

18 Pages Posted: 13 Apr 2016

See all articles by Alan Franklin

Alan Franklin

Global Business Risk Management

Date Written: November 5, 2015

Abstract

While it is seemingly straightforward to determine whether an action is corrupt or not, under the common definitions of corruption, determining its illegality is a very complex analysis. Because companies are generally not given full disclosure of what constitutes illegal corruption, they fear that all corruption illegal, and therefore do not want to jeopardize themselves or the company by disclosing to anyone, including their lawyers, any which may be seen as illegally corrupt.

In this paper we will look at what is considered illegal under the laws of Canada and the USA, including defences available to charges of corruption, as well as the relationship between corruption and lobbying, and make some comparison with the developments in the transnational law arena, particularly related to decision of international arbitration tribunals.

Keywords: corruption, legal vs illegal, FCPA, CFPOA, Canada, USA

JEL Classification: K42, K43

Suggested Citation

Franklin, Alan, Foreign Corruption: Differentiating Illegal Acts from Legal Acts (November 5, 2015). Available at SSRN: https://ssrn.com/abstract=2759972 or http://dx.doi.org/10.2139/ssrn.2759972

Alan Franklin (Contact Author)

Global Business Risk Management ( email )

635 Blenkin Avenue
Parksville, British Columbia V9P 2K7
Canada
416 454 6133 (Phone)

HOME PAGE: http://www.gbrm.ca

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