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How to shape anti-corruption training?

By Jean-Pierre Méan  Published on Tuesday May 15, 2018   Anti-corruption training should obviously be shaped so as to support and promote the goal of an organization’s policy on corruption, which is (or should be), simply put, to encourage personnel to abstain from any corrupt behavior. Most training programs attempt to reach that goal by providing knowledge of the organization’s anti-bribery policy and procedures and of the applicable anti-bribery laws, with an emphasis on the FCPA and on the UK Bribery Act because of their extraterritorial reach and also because they are in English and...

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The Myth of Goodwill

Interview of Malika Aït-Mohamed Parent, made by Virginie Coulloudon, Executive Director, YourPublicValue.org, during the OECD Global Anti-Corruption and Integrity Forum, 29 March 2018 Published on Tuesday April 24, 2018   Goodwill can be a myth and a threat to good governance. This is what Malika Aït-Mohamed Parent, an independent anti-corruption expert tells Your Public Value today. Malika Aït-Mohamed Parent has been focusing on humanitarian assistance. She is committed to developing and supporting processes for better governance in humanitarian organisations. She explains how crucial...

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The new Italian Anti-Mafia Code (3 out of 3)

“Corrotti” like Mafiosi   By Francesco Clementucci  Published on Tuesday April 10, 2018   Third parties in good faith enjoy better protection: The rights of third parties resulting from acts in good faith prior to the seizure are guaranteed. The court administrator can be authorized to pay immediately « strategic creditors » for the benefit of business continuity. The protection of third-party creditors is further regulated in terms of applications for credit, timing of verification and auditing hearing as well as for the possible sale of confiscated assets in order to satisfy eligible...

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The new Italian Anti-Mafia Code (2 out of 3)

“Corrotti” like Mafiosi   By Francesco Clementucci  Published on Tuesday March 27, 2018   Transparency in assignments of court appointed directors: They must be chosen among the members of an official roster (the « albo« ) according to transparency rules that will ensure the rotation of the assignments. The Minister of Justice will have to identify appointment criteria that, inter alia, take into account the number of nominations already in place (which may not exceed 3). Administrators of confiscated companies must be selected among all members of a roster of business management experts. If...

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The new Italian Anti-Mafia Code (1 out of 3)

“Corrotti” like Mafiosi   By Francesco Clementucci  Published on Tuesday March 6, 2018   In September 2017, the Italian Parliament passed a new Anti-Mafia Code which sets corruption on the same footing as mafia and brings more effective seizure procedures, transparency in assignments to fight nepotism and greater opportunities to intervene against companies infiltrated by organized crime. These are just some of the goals that the new anti-mafia code aims to reach. The code extends the scope of possible subjects to whom personal and asset prevention measures may be applied; they include on...

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Facilitation payments in Canada

  By David Simpson Published on Tuesday February 27, 2018   « Facilitation Payments” are no longer a permissible category of payment under Canada’s Corruption of Foreign Public Officials Act, (CFOPA). The removal of the exemption was always anticipated but it has now formally come into effect. Facilitation payments are essentially small payments made to a public official to expedite or secure the performance of routine, non-discretionary actions, which fall within the public official’s normal duties. The treatment of such payments under applicable anti-corruption laws differs from...

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