Project Roll Out
Introduction
On 26 November 2021, the OECD issued a Recommendation of the Council for OECD Legal Instruments Further Combating Bribery of Foreign Public Officials in International Business Transactions. The Recommendation contains, among other things, guidance on the use of non-trial resolutions.
This recommendation will have a significant effect on the investigation, prosecution, and resolution of international bribery cases.
Project Roll Out is an effort by the International Bar Association to participate in the conception and implementation of these new rules.
Those interested in participating in Project Roll Out should contact the Chair/Vice-Chair of the Non-trial Resolutions of Bribery Cases Subcommittee
Why Non-Trial Resolutions (NTRs)?
NTRs improve the enforcement environment, and public policy outcomes, for companies governments and the public at large. For companies, NTRs can provide greater certainty by allowing the company to engage with multiple sovereigns and government agencies proactively and simultaneously, which leads to better and more final outcomes than would otherwise be reached. And because NTRs are often announced at the same time as charges, they can limit the time period a company experiences “bad press.” This is especially true when companies are able to resolve matters across multiple jurisdictions at once.
For government entities, NTRs can help save resources through both eliminating costly trials and incentivizing self-disclosure and cooperation from the companies themselves. NTRs also help facilitate resolutions across jurisdictions.
Additionally, by incentivizing investments by companies in compliance programs, internal controls, self-reporting and cooperation with investigating government agencies, NTRs can strengthen a country’s corporate culture and generally promote cooperation between good corporate citizens and governments.
Upcoming Conferences
One of the primary aims of Project Roll Out is to provide a forum for individuals from all stakeholder sectors – regulatory and enforcement, corporate, NGOs and the private bar - across regions to share their experience with NTRs in their legal systems and foster discussions that will facilitate not only best practices in NTRs but also useful tips and lessons learned from implementing NTRs in their systems. Towards that goal, the IBA will be hosting a series of conferences over the next year to facilitate those discussions and highlight key developments across the globe.
Conferences are currently being planned in Switzerland, Mexico, and Singapore.
Further information about the conferences will be posted on this site as it becomes available.