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Swiss multinational enterprises and transnational corruption: Management matters


Bueno, Nicolas (2017). Swiss multinational enterprises and transnational corruption: Management matters. Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht : SZW, 2017(2):199-209.

Abstract

In 2016, the Office of the Attorney General of Switzerland sanctioned a Swiss corporation for having bribed a Libyan Minister. The same year, it opened a criminal proceeding against the Swiss bank BSI for its involvement in the corruption scandals surrounding the Malaysian company 1MDB. Swiss corporations are also currently under investigation in the Brazilian Petrobras scandal. At the international level, anti-corruption treaties encourage states to make corporations criminally liable for transnational corruption. The OECD Guidelines for Multinational Enterprises provide a detailed standard as to the management that corporations should adopt in order to prevent transnational corruption. This article aims to clarify the OECD due diligence standard. It presents the Swiss emerging practice regarding corporate criminal liability for transnational corruption offences and compares the conditions under which management deficiencies trigger criminal liability in Switzerland, in the United Kingdom, and in the United States.

Abstract

In 2016, the Office of the Attorney General of Switzerland sanctioned a Swiss corporation for having bribed a Libyan Minister. The same year, it opened a criminal proceeding against the Swiss bank BSI for its involvement in the corruption scandals surrounding the Malaysian company 1MDB. Swiss corporations are also currently under investigation in the Brazilian Petrobras scandal. At the international level, anti-corruption treaties encourage states to make corporations criminally liable for transnational corruption. The OECD Guidelines for Multinational Enterprises provide a detailed standard as to the management that corporations should adopt in order to prevent transnational corruption. This article aims to clarify the OECD due diligence standard. It presents the Swiss emerging practice regarding corporate criminal liability for transnational corruption offences and compares the conditions under which management deficiencies trigger criminal liability in Switzerland, in the United Kingdom, and in the United States.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Human Rights Competence Center
Dewey Decimal Classification:Unspecified
Language:English
Date:2017
Deposited On:02 Sep 2019 11:47
Last Modified:21 Apr 2020 12:53
Publisher:Schulthess Verlag
ISSN:1662-8705
OA Status:Green
Free access at:Publisher DOI. An embargo period may apply.
Related URLs:https://www.recherche-portal.ch/primo-explore/fulldisplay?docid=ebi01_prod010849428&context=L&vid=ZAD&search_scope=default_scope&isFrbr=true&tab=default_tab&lang=de_DE (Library Catalogue)

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