Anti-Corruption Within the TPP

 

If you have been following the Trans-Pacific Partnership you will know that it was signed on February 4, 2016 and is now pending ratification before taking effect. After years of negotiation, what happens now? One of the major concerns moving forward is corruption; how to avoid corruption, and how to respond if it takes place. The article “Anti-corruption Measures In The TPP Agreement” (http://www.livingstonintl.com/global-perspectives/anti-corruption-measures-in-the-tpp-agreement/ contains a great summary of the measures both past and present that will assist in this endeavor.

“Confidence in the rule of law is critical for trade and investment to flourish. Corruption, in particular, is an insidious impairment to effective commercial activity and cannot be tolerated as a cost of doing business.” To help combat this potential enemy, the TPP will employ both past and present policies. Among the past policies to be utilized are the:

  • 1977 U.S. Foreign Corrupt Practices Act (FCPA)
  • 1999 Organization for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials
  • 2003 United Nations (UN) Convention Against Corruption

To support these previously instilled practices, the entire 26th chapter of the TPP, titled “Transparency and Anti-Corruption” is dedicated to this same movement. This chapter specifically addresses topics such as:

  • Requiring the publication of laws, regulations, procedures and administrative rulings
  • Guaranteeing due process
  • Promoting rules against conflicts of interest

It is the hope that the TPP will provide benefits to all countries involved, but its success is dependent on maintain honesty and consistency among all parties involved. As stated in the article, “… the framework for anti-corruption is already in place within the TPP. When ratified and enacted, it will be up to the Parties to eliminate corruption as a trade barrier.”

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