Directorate for Financial and Enterprise Affairs


Identification and Quantification of the Proceeds of Bribery

Revised edition, February 2012

This study focuses on the identification and quantification of the proceeds of active bribery in international business transactions. Public and private organisations alike have long recognised that bribery of public officials is harmful to good governance, economic development and competitive conditions. Confiscation and recovery of the proceeds derived from foreign bribery are key elements in the international framework to fight corruption of public officials. Chapter 1 introduces the international legal framework for the treatment of the proceeds of active bribery and catalogues the legal remedies available in various jurisdictions, and how these remedies may interact. Chapter 2 defines five principal types of proceeds of active bribery and analyzes how they may be quantified. Each system is illustrated by examples from countries using such methods, as well as commentary on some practical challenges linked to the calculation of proceeds. Chapter 3 offers a compilation of case summaries to illustrate the principles covered in the preceding chapters.

Published on March 30, 2012


Foreword and Acknowledgements
The legal framework for the treatment of proceeds of active bribery
Identifying and quantifying proceeds
Case summaries
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Key findings

Identifying and defining the monetary value of proceeds derived from corruption is crucial to ensuring that sanctions are sufficiently proportionate, dissuasive and effective.
Confiscation or recovery of proceeds of corruption may be impossible in cases where these profits cannot be quantified by investigators or prosecutors.
The proceeds derived by the briber - very often a company in an international business context - are often many times the amount of the bribe paid.