The anti-bribery group TRACE International, Inc.
, has released its latest annual report offering in-house counsel detailed data on the pace of enforcement in different countries. The report says the U.S. more than doubled its formal enforcement actions between 2009 and 2010. “In-house counsel struggle to assess risk internationally,” said Alexandra Wrage, TRACE’s president and board chairperson. “In our experience, well-governed companies are searching for this sort of data in order to allocate compliance resources effectively.” The Global Enforcement Report 2011 [PDF]
provides an updated summary of international anti-bribery enforcement trends, based on the cases and investigations compiled by TRACE, a non-profit membership association that offers anti-bribery services and products. Wrage said she was surprised to see the percentage of non-U.S. companies pursued by the U.S. Department of Justice and the Securities and Exchange Commission, which jointly enforce the bribery provisions of the Foreign Corrupt Practices Act. Many of the largest enforcement actions have come against companies headquartered abroad, such as Germany’s Siemens and Daimler AG, and BAE Systems plc in the U.K. “This undermines the argument by the Chamber of Commerce and others that the FCPA is putting U.S. companies at a competitive disadvantage,” Wrage suggested. Key findings in the report include: