An Introduction To The World Bank Sanctions Regime

Law360, New York (October 26, 2015, 11:39 AM EDT) -- In the past decade, there has been a great increase in the number of investigations, prosecutions and settlements by the U.S. Securities and Exchange Commission and U.S. Department of Justice pursuant to the Foreign Corrupt Practices Act. While SEC and DOJ enforcement of the FCPA garners the most attention in the press and by companies implementing compliance regimes, companies with international business dealings should be aware of the relatively recent ramp-up by the multilateral development banks ("MDBs") in enforcement actions based on their own anti-corruption guidelines. The five most prominent MDBs are the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank, and the European Bank for Reconstruction and Development. Each of the MDBs offers financial support and technical advice for economic and social development activities in developing countries.   According to World Bank estimates, more than $1 trillion is paid in bribes around the world each year.[1] In order to arrest and prevent this diversion of funds, the bank has implemented a multilevel investigation and sanctions process applicable to anyone receiving funds from a World Bank-financed project. The bank has the authority to impose serious sanctions, including permanent debarment, on any recipient of World Bank funds, including subsidiaries and affiliates. While all of the MDBs have their own investigation, enforcement and sanctions processes, the World Bank, the largest of the MDBs, has been perhaps the most active in using its sanctions process to pursue potential corruption.[2] Thus, any entity accepting World Bank funds either directly or indirectly would be well-advised to be aware of the bank's sanctions regime and ensure that it has appropriate anti-corruption measures in place to prevent what the bank deems sanctionable conduct....

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