G20 High Level Principles on the Liability of Legal Persons for Corruption (2017)
- Introduction
- Anti-Corruption Agencies and Supreme Audit Institutions
- Code of ethics for supreme audit institutions (1998)
- SADC Protocol against Corruption (2001)
- ECOWAS Protocol on the Fight against Corruption (2001)
- African Union Convention on Preventing and Combating Corruption (2003)
- United Nations Convention against Corruption (2003)
- Mexico Declaration on Supreme Audit Institutions Independence (2007)
- Arab Anti-Corruption Convention (2010)
- Marrakech declaration on the prevention of corruption (2011)
- Jakarta Statement on Principles for Anti-Corruption Agencies (2012)
- Kuala Lumpur Statement on Anti-Corruption Strategies (2013)
- 2030 Agenda for Sustainable Development (2015)
- Access to Information
- Declaration of Principles on Freedom of Expression (2000)
- Economic Community of West African States Protocol on the Fight against Corruption (2001)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- Council of Europe Convention on Access to Official Documents (2009)
- G20 Anti-Corruption Open Data Principles (2015)
- G8 Open Data Charter (2016)
- African Union Declaration on Principles of Freedom of Expression and Access to Information in Africa (2020)
- Asset Recovery and International Cooperation
- Inter-American Convention against Corruption (1996)
- 20 Guiding Principles for the Fight against Corruption (1997)
- Economic Community of West African States Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005)
- Arab Anti-Corruption Convention (2010)
- G20 Nine Key Principles of Asset Recovery (2011)
- G20 High-Level Principles on Mutual Legal Assistance (2013)
- Addis Ababa Action Agenda of the Third International Conference on Financing for Development (2015)
- 2030 Agenda for Sustainable Development (2015)
- Doha Declaration on integrating crime prevention and criminal justice into the wider United Nations agenda to address social and economic challenges and to promote the rule of law at the national and international levels, and public participation (2015)
- G20 High-Level Principles on Cooperation on Persons Sought for Corruption and Asset Recovery (2016)
- G7 Action to Fight Corruption
- Conferences of the States Parties to the United Nations Convention against Corruption
- Joint statement by the high-level segment of the 18th International Anti-Corruption Conference (2018)
- Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders
- Common African Position on Asset Recovery (2020)
- Business Integrity
- Council of Europe's Criminal Law Convention on Corruption (1999)
- The Ten Principles of the UN Global Compact (2000-2004)
- United Nations Convention against Corruption (2003)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- African Union Convention on Preventing and Combating Corruption (2003)
- Bali Business Declaration: The United Nations Convention against Corruption as a New Market Force (2008)
- OECD Guidelines for Multinational Enterprises (2011)
- United Nations Guiding Principles on Business and Human Rights (2011)
- G20 High-Level Principles on Private Sector Transparency and Integrity (2015)
- G20 High Level Principles on the Liability of Legal Persons for Corruption (2017)
- Recommendation of the Council on the OECD Due Diligence Guidance for Responsible Business Conduct (2019)
- Foreign Bribery and Lobbying
- Inter-American Convention against Corruption (1996)
- Council of Europe Criminal Law Convention on Corruption (1999)
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1999)
- ECOWAS Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- United Nations Convention against Corruption (2003)
- OECD Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2009)
- OECD Recommendation of the Council on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2009)
- Arab Anti-Corruption Convention (2010)
- OECD Principles for Transparency and Integrity in Lobbying (2010)
- OECD Declaration on Propriety, Integrity and Transparency in the Conduct of International Business and Finance (2010)
- G20 Guiding Principles to Combat Solicitation (2013)
- G20 Guiding Principles on Enforcement of the Foreign Bribery Offence (2013)
- OECD Declaration on the Fight Against Foreign Bribery - Towards a New Era of Enforcement (2016)
- OECD Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2019)
- Illicit finance
- Council of Europe Criminal Law Convention on Corruption (1999)
- United Nations Convention against Transnational Organized Crime (2000)
- ECOWAS Protocol on the Fight against Corruption (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- G20 Common Principles for Action: Denial of Safe Haven
- G8 Action Plan Principles to prevent the misuse of companies and legal arrangements
- G20 High-Level Principles on Beneficial Ownership Transparency (2014)
- African Union Special Declaration on Illicit Financial Flows (2015)
- Agenda 2063: The Africa We Want (2015)
- EU 4th Anti-Money Laundering Directive (2015)
- G7 Action to Fight Corruption (2016)
- EU 5th Anti-Money Laundering Directive (2018)
- OECD Recommendation of the Council on Countering Illicit Trade: Enhancing Transparency in Free Trade Zones (2019)
- International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation: The FATF Recommendations (2012)
- Protection of whistleblowers
- Public Integrity
- Inter-American Convention against Corruption (1996)
- 20 Guiding Principles for the Fight against Corruption (1997)
- ECOWAS Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- African Charter on Democracy, Elections and Governance (2007)
- Arab Anti-Corruption Convention (2010)
- African Charter on values and principles of public service and administration (2011)
- G20 High-Level Principles on asset disclosure by public officials (2014)
- OECD Recommendation of the Council on Public Procurement (2015)
- G20 Principles for Promoting Integrity in Public Procurement (2015)
- G7 Action to Fight Corruption (2016)
- G20 High Level Principles on Countering Corruption in Customs (2017)
- G20 High Level Principles on Organising Against Corruption (2017)
- OECD Recommendation of the Council on Public Integrity (2017)
- OECD Recommendation of the Council on Open Government (2017)
- G20 High-Level Principles for Preventing Corruption and Ensuring Integrity in State-Owned Enterprises (2018)
- G20 High-Level Principles for Preventing and Managing ‘Conflict of Interest’ in the Public Sector (2018)
- OECD Recommendation of the Council on Guidelines on Anti-Corruption and Integrity in State-Owned Enterprises (2019)
- G20 High-Level Principles for Promoting Public Sector Integrity Through the Use of Information and Communications Technologies (2020)
- G20 High-Level Principles for the Development and Implementation of National Anti-Corruption Strategies (2020)
- Tax-related Measures
- Inter-American Convention against Corruption (1996)
- OECD Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters (2010)
- OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters (2014)
- OECD Declaration on Base Erosion and Profit Shifting (2013)
- Resolution 69/313: Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa Action Agenda)
- OECD Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (2016)
- Other themes
Title of the document
High Level Principles on the Liability of Legal Persons for Corruption
(https://www.g20germany.de/Cont...)
Issuing body
G20
Brief description
The Principles are primarily derived from relevant international Conventions and related instruments, as well as the legislation and practices of many countries that have legal systems which already hold legal persons liable for corruption. The Principles identify mechanisms and practices that have proven useful to the establishment and enforcement of the liability of legal persons for corruption and related offences
Relevant excerpts
Principle 1: A robust legal framework should be in place for holding legal persons liable for corruption, including domestic and foreign bribery, and related offences.
Principle 3: Liability of legal persons should not be restricted to cases where the natural person or persons who perpetrated the offence are prosecuted or convicted.
Principle 4: Liability of legal persons should not be limited to cases where the offence was committed by a senior manager.
Principle 5: A legal person should not be able to avoid responsibility by using intermediaries, including other legal persons to commit a corruption offence on its behalf.
Principle 6: Companies should not be able to escape liability by altering their corporate identity.
Principle 7: Effective jurisdiction should be provided over legal persons
Principle 8: Legal persons should be subject to effective, proportionate, and dissuasive sanctions.
Principle 9: The bribe and proceeds of corruption should be able to be seized and confiscated from legal persons or monetary sanctions of comparable effect should be applicable
Principle 11: International cooperation in corruption cases should be provided to the fullest extent possible where appropriate and consistent with a country’s legal system, including with respect to proceedings involving legal persons.
Principle 12: Where more than one country has jurisdiction over a legal person, countries should consult with each other Principle
13: Development of effective internal controls, ethics, and compliance programmes or measures to prevent and detect corruption should be encouraged.
Principle 14: Concrete incentives should be considered to foster effective compliance by businesses
Chapters
- Introduction
- Anti-Corruption Agencies and Supreme Audit Institutions
- Code of ethics for supreme audit institutions (1998)
- SADC Protocol against Corruption (2001)
- ECOWAS Protocol on the Fight against Corruption (2001)
- African Union Convention on Preventing and Combating Corruption (2003)
- United Nations Convention against Corruption (2003)
- Mexico Declaration on Supreme Audit Institutions Independence (2007)
- Arab Anti-Corruption Convention (2010)
- Marrakech declaration on the prevention of corruption (2011)
- Jakarta Statement on Principles for Anti-Corruption Agencies (2012)
- Kuala Lumpur Statement on Anti-Corruption Strategies (2013)
- 2030 Agenda for Sustainable Development (2015)
- Access to Information
- Declaration of Principles on Freedom of Expression (2000)
- Economic Community of West African States Protocol on the Fight against Corruption (2001)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- Council of Europe Convention on Access to Official Documents (2009)
- G20 Anti-Corruption Open Data Principles (2015)
- G8 Open Data Charter (2016)
- African Union Declaration on Principles of Freedom of Expression and Access to Information in Africa (2020)
- Asset Recovery and International Cooperation
- Inter-American Convention against Corruption (1996)
- 20 Guiding Principles for the Fight against Corruption (1997)
- Economic Community of West African States Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005)
- Arab Anti-Corruption Convention (2010)
- G20 Nine Key Principles of Asset Recovery (2011)
- G20 High-Level Principles on Mutual Legal Assistance (2013)
- Addis Ababa Action Agenda of the Third International Conference on Financing for Development (2015)
- 2030 Agenda for Sustainable Development (2015)
- Doha Declaration on integrating crime prevention and criminal justice into the wider United Nations agenda to address social and economic challenges and to promote the rule of law at the national and international levels, and public participation (2015)
- G20 High-Level Principles on Cooperation on Persons Sought for Corruption and Asset Recovery (2016)
- G7 Action to Fight Corruption
- Conferences of the States Parties to the United Nations Convention against Corruption
- Joint statement by the high-level segment of the 18th International Anti-Corruption Conference (2018)
- Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders
- Common African Position on Asset Recovery (2020)
- Business Integrity
- Council of Europe's Criminal Law Convention on Corruption (1999)
- The Ten Principles of the UN Global Compact (2000-2004)
- United Nations Convention against Corruption (2003)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- African Union Convention on Preventing and Combating Corruption (2003)
- Bali Business Declaration: The United Nations Convention against Corruption as a New Market Force (2008)
- OECD Guidelines for Multinational Enterprises (2011)
- United Nations Guiding Principles on Business and Human Rights (2011)
- G20 High-Level Principles on Private Sector Transparency and Integrity (2015)
- G20 High Level Principles on the Liability of Legal Persons for Corruption (2017)
- Recommendation of the Council on the OECD Due Diligence Guidance for Responsible Business Conduct (2019)
- Foreign Bribery and Lobbying
- Inter-American Convention against Corruption (1996)
- Council of Europe Criminal Law Convention on Corruption (1999)
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1999)
- ECOWAS Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- United Nations Convention against Corruption (2003)
- OECD Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2009)
- OECD Recommendation of the Council on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2009)
- Arab Anti-Corruption Convention (2010)
- OECD Principles for Transparency and Integrity in Lobbying (2010)
- OECD Declaration on Propriety, Integrity and Transparency in the Conduct of International Business and Finance (2010)
- G20 Guiding Principles to Combat Solicitation (2013)
- G20 Guiding Principles on Enforcement of the Foreign Bribery Offence (2013)
- OECD Declaration on the Fight Against Foreign Bribery - Towards a New Era of Enforcement (2016)
- OECD Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions (2019)
- Illicit finance
- Council of Europe Criminal Law Convention on Corruption (1999)
- United Nations Convention against Transnational Organized Crime (2000)
- ECOWAS Protocol on the Fight against Corruption (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- G20 Common Principles for Action: Denial of Safe Haven
- G8 Action Plan Principles to prevent the misuse of companies and legal arrangements
- G20 High-Level Principles on Beneficial Ownership Transparency (2014)
- African Union Special Declaration on Illicit Financial Flows (2015)
- Agenda 2063: The Africa We Want (2015)
- EU 4th Anti-Money Laundering Directive (2015)
- G7 Action to Fight Corruption (2016)
- EU 5th Anti-Money Laundering Directive (2018)
- OECD Recommendation of the Council on Countering Illicit Trade: Enhancing Transparency in Free Trade Zones (2019)
- International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation: The FATF Recommendations (2012)
- Protection of whistleblowers
- Public Integrity
- Inter-American Convention against Corruption (1996)
- 20 Guiding Principles for the Fight against Corruption (1997)
- ECOWAS Protocol on the Fight against Corruption (2001)
- SADC Protocol against Corruption (2001)
- Anti-Corruption Action Plan for Asia and the Pacific (2001)
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption (2003)
- African Charter on Democracy, Elections and Governance (2007)
- Arab Anti-Corruption Convention (2010)
- African Charter on values and principles of public service and administration (2011)
- G20 High-Level Principles on asset disclosure by public officials (2014)
- OECD Recommendation of the Council on Public Procurement (2015)
- G20 Principles for Promoting Integrity in Public Procurement (2015)
- G7 Action to Fight Corruption (2016)
- G20 High Level Principles on Countering Corruption in Customs (2017)
- G20 High Level Principles on Organising Against Corruption (2017)
- OECD Recommendation of the Council on Public Integrity (2017)
- OECD Recommendation of the Council on Open Government (2017)
- G20 High-Level Principles for Preventing Corruption and Ensuring Integrity in State-Owned Enterprises (2018)
- G20 High-Level Principles for Preventing and Managing ‘Conflict of Interest’ in the Public Sector (2018)
- OECD Recommendation of the Council on Guidelines on Anti-Corruption and Integrity in State-Owned Enterprises (2019)
- G20 High-Level Principles for Promoting Public Sector Integrity Through the Use of Information and Communications Technologies (2020)
- G20 High-Level Principles for the Development and Implementation of National Anti-Corruption Strategies (2020)
- Tax-related Measures
- Inter-American Convention against Corruption (1996)
- OECD Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters (2010)
- OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters (2014)
- OECD Declaration on Base Erosion and Profit Shifting (2013)
- Resolution 69/313: Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa Action Agenda)
- OECD Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (2016)
- Other themes
Author
Jorum Duri
Date
09/06/2021
