Anti-Corruption Provisions for 21st Century FTAs

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A recent posting recommended the inclusion of strong anti-corruption provisions in the Transatlantic Trade and Investment Partnership (TTIP). In a related posting on the FCPA blog, Nadine Tushe has considered the evolution of anti-corruption provisions in U.S. free trade agreements (FTAs) — Why we need anti-corruption provisions in U.S. free trade agreements. (The FCPA blog, which takes its name from the Foreign Corrupt Practices Act, addresses a broad array of anti-corruption and enforcement issues.)

The Tushe posting points to Transparency International’s (TI) call for the TTIP to set a higher standard for anti-corruption provisions in FTAs.  Also, recently, Transparency International Malaysia urged the inclusion of strong anti-corruption provisions in the Trans-Pacific Partnership (TPP), noting that most of the 12 TPP participants are parties to the United Nations Convention Against Corruption (UNCAC). In fact, Japan and New Zealand are the only TPP participants to have signed, but not ratified, UNCAC.

If TTIP and TPP are to be 21st Century agreements and serve as models for other agreements, they should set high standards for anti-corruption provisions.

Jean Heilman Grier

May 27, 2014

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