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A Resource Guide to the U.S. Foreign Corrupt Practices Act. Second Edition.

and legal frameworks are consistent with the phases. The Phase 1 review includes an in-depth
United States’ treaty obligations. U.S. officials assessment of each country’s domestic laws
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regularly address the subject of corruption with implementing the Convention. The Phase 2 review
our foreign counterparts to raise awareness of examines the effectiveness of each country’s
the importance of fighting corruption and urge laws and anti-bribery efforts. The final phases are

stronger enforcement of anti-corruption laws and permanent cycles of peer review (the first cycle of
policies. As a result of the recognition by other which is referred to as the Phase 3 review and the
countries of the need to combat corruption, as next is the Phase 4 review) that evaluate a country’s
well as the significant efforts by organizations such enforcement actions and results, as well as the
as the OECD Working Group on Bribery, a number country’s efforts to address weaknesses identified
of countries have implemented foreign bribery during the prior review. 33 All of the monitoring

laws and significantly increased their enforcement reports for the parties to the Convention can be
efforts. For example, in December 2016, France found on the OECD website and can be a useful
enacted its Sapin II law, which significantly resource about the foreign bribery laws of the OECD
strengthened its existing foreign bribery legislation Working Group member countries. 34
and enforcement regime. The reports and appendices for all of the

phases of reviews for the United States can
OECD Working Group on Bribery be found on DOJ’s and SEC’s websites. In its
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and the Anti-Bribery Convention Phase 3 review of the United States, which was

The OECD was founded in 1961 to stimulate
completed in October 2010, the Working Group
economic progress and world trade. As noted, commended U.S. efforts to fight transnational
the Anti-Bribery Convention requires its parties to
bribery and highlighted a number of best practices
criminalize the bribery of foreign public officials developed by the United States. The report also
in international business transactions. 31 As of
noted areas where the United States’ anti-bribery
June 30, 2020, there were 44 parties to the Anti- efforts could be improved, including consolidating

Bribery Convention. All of these parties are also
publicly available information on the application of
members of the OECD Working Group on Bribery the FCPA and enhancing awareness among small
(Working Group).
and medium-sized companies about the prevention
The Working Group is responsible for and detection of foreign bribery. Initial publication
monitoring the implementation of the Anti-Bribery
of this guide was, in part, a response to these
Convention, the 2009 Recommendation of the Phase 3 recommendations and is intended to help
Council for Further Combating Bribery of
businesses and individuals better understand the
Foreign Public Officials in International Business FCPA.
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Transactions, and related instruments. Its
members meet quarterly to review and monitor U.N. Convention Against Corruption
implementation of the Anti-Bribery Convention The United States is a state party to the United

by member states around the world. Each party Nations Convention Against Corruption (UNCAC),
undergoes periodic peer review. This peer- which was adopted by the U.N. General Assembly
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review monitoring system is conducted in four on October 31, 2003, and entered into force on

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