Session

Topic

Brief Description

1

Introduction: The international anti-corruption regime and the role of the private sector in the fight against corruption

The private sector in UNCAC and the OECD Anti-Bribery Convention. Exercise: After reading the Conventions, students can discuss the role the Conventions assign to the private sector in the fight against corruption. The pre-class exercise may be used in class.

2

Corporate liability for corruption

Historical analysis and evolution of corporate criminal liability in general and for corruption offences specifically. From individual to corporate liability in civil law countries. Paradigm shift with UNCAC and the OECD Anti-Bribery Convention.

3

Models of corporate liability: Vicarious liability versus organizational failure

Differences between and critical analysis of both models of corporate liability. Models adopted in specific jurisdictions: the US FCPA, UK Bribery Act, Germany, France and models in the country or region where the course is developed/given. Discussions about how to improve the model in force in the respective jurisdiction(s).

4

Corporate liability and corporate culture

What is corporate culture? Discuss the findings of Graham, Grennan, Harvey, Campbell and Rajgopal (2019), as well as how these findings apply to big corporate scandals (Walmart, Siemens, Odebretch).

5

Preventing corruption within the company: Legal versus values-based compliance programmes

Brief description of Module 11 of the E4J University Module Series on Integrity and Ethics. Risk assessment, policies and procedures. Codes of conduct, tone from the top, and training. The role of the Compliance Officer.

6

Internal investigations and sanctions within the company, and cooperation with the official investigation

Discussions about whistle-blowing (how does it fit in the respective legal culture?); internal investigations and sanctions (rights of employees, labour and privacy issues); and cooperation with the authorities (legal privilege, and leniency agreements).

7

Third-party risk management

Anti-corruption measures for third parties. Red flags, contractual clauses, due diligence. Exercise 1 may be presented during this class.

8

Is the "global model" applicable to any company?

Describe and discuss how the model applies to multinational corporations, big local business groups, state-owned enterprises, and small and medium-sized enterprises (SMEs).

9

Anti-corruption measures at industry level

General description of collective action initiatives and public-private partnerships. The MACN case.

10

Public corruption and commercial bribery

Discuss whether bribing public officials should be differentiated from bribing private persons. Exercise 4 may be presented in this class.