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Multinationals and Corruption (The Hague University)

Developed by Professor Abiola Makinwa at the Hague Law School, this course introduces students to the international regulatory framework on corruption as it relates to multinational corporations (MNC’s). Anti-corruption strategy has moved to the center stage of corporate planning and strategy as links between corruption, poverty, crime, and the lack of sustainable development have led to a worldwide consensus criminalising bribery in international transactions. This has resulted in a regulatory climate where MNC’s have to ensure that company activities are in line with minimum standards of compliance.

Students will examine areas where corruption poses a particular problem for the MNC with issues such as political lobbying, extortion by public officials, customs, bribery by its agents and other intermediaries. Starting with the American Foreign Corrupt Practices Act, students will examine the national, multilateral, regional and international instruments that circumscribe a corporation’s dealings with foreign public officials in the effort to win international contracts. Furthermore methods of managing corruption as well as problems and prospects of current approaches to tackling corruption by MNC’s will be discussed. Students will case review enforcement mechanisms and in particular enforcement actions by the US Department of Justice and the Securities and Exchange Commission. Having completed the course, students should be able to identify the basic anti-corruption issues facing MNC’s, international and national standards of compliance, an introduction to strategies for designing effective anti-corruption programmes and some emerging issues regarding the implementation of anti-corruption law and policy. 

The primary source of materials for the course is F. Heimann & F. Vincke (eds.), Fighting Corruption  International Corporate Integrity Handbook (International Chamber of Commerce, 2008) 

Some Sample modules include:

Contextualising  issues of Corruption and the MNC - Problem Areas

Issues covered in this module are: political and charitable contributions, private to private bribery, extortion, customs, agents and intermediaries, regulating the MNC on issues of corruption. 

Some sample readings for the module:

  • P. T. Muchlinski, "Regulating Multinationals", in P.T. Muchlinski (ed), Multinational Enterprises and the Law (Oxford: UK, 2007)  pp.  82 – 122.
  • F. Heiman & F.Vincke, "Fighting Corruption – Political and Charitable Contribution", in Fighting Corruption  International Corporate Integrity Handbook, pp. 154  - 165
  • F. Heiman & F.Vincke, "Fighting Corruption  - Private to Private Bribery", in Fighting Corruption  International Corporate Integrity Handbook, pp.177 – 178

Understanding the FCPA as the Basis of the International Anti-Corruption Framework.

Issues covered in this module are: The history of the FCPA, inducement to obtain or retain business, foreign official, exclusion of facilitation payments, jurisdiction, liability of parent companies and foreign subsidiaries, penalties, exceptions and affirmative defences.  

Some sample readings for the module:

  •  M. Biegelman & D. Biegelman, Foreign Corrupt Practices Act Compliance Guidebook (New Jersey: John Wiley & Sons, 2010)Chapters 1 & 2
  • P. Cohen & A. Marriott, International Corruption (Sweet & Maxwell, 2010), Chapter3

Managing Corruption - Understanding the issues involved in developing effective anti-corruption programmes

Issues covered in this module are:  Sensitive Areas of MNC activity, principal elements of an effective anti-corruption programme, responsibilities of MNC, accounting, auditing and financial controls, compliance by SME’s

Some sample readings for the module:

  • F. Heiman & F.Vincke, "Fighting Corruption – Responsibilities of Enterprises", in Fighting CorruptionInternational Corporate Integrity Handbook, pp. 67 - 83
  • F. Heiman & F.Vincke, "Fighting Corruption – Accounting, Auditing and Financial Controls", in Fighting CorruptionInternational Corporate Integrity Handbook, pp.85 - 100
  • J. Bray, "Agents, consultants and joint-venture partners in international business transactions", in B. Errath (ed.), Business Against Corruption – Case Stories and Examples (UN Global Compact, 2006), pp. 108 – 118, Available at: <http://www.unglobalcompact.org/docs/issues_doc/7.7/BACbookFINAL.pdf>

 

For further information, see: http://www.innovatingjustice.com/network/?memberID=32061


14 Nov 2013



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