Swiss multinational enterprises and transnational corruption: management matters

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Ressource 1Download: Accepted Manuscript_SSRN_Swiss Multinational Enterprises and Transnational Corruption.pdf (223.55 [Ko])
State: Public
Version: Author's accepted manuscript
Serval ID
serval:BIB_B370BA7BC1C9
Type
Article: article from journal or magazin.
Collection
Publications
Title
Swiss multinational enterprises and transnational corruption: management matters
Journal
Swiss review of business and financial market law
Author(s)
Bueno N.
ISSN
1662-8705
Publication state
Published
Issued date
01/04/2017
Peer-reviewed
Oui
Volume
89
Number
2
Pages
199-209
Language
english
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.
Keywords
Corruption, multinational enterprises, due diligence, OECD
Create date
05/07/2017 10:21
Last modification date
20/08/2019 16:22
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