ABSTRACT

This chapter addresses two topics. It notes the increasing use of pre-prosecution settlements, non-prosecution agreements (NPA) or deferred prosecution agreements (DPAs) in various jurisdictions for corporate entities involved in bribery. Given the financial aspects of many such settlements and sanctions where overseas bribery is involved, the chapter notes that only limited funds have been dedicated to anti-corruption purposes through a number of ad hoc arrangements. While there are several arguments for the uses for such funds for anti-corruption work, particularly for work necessarily supported by more orthodox developmental and donor sources, there is a range of issues to be addressed to ensure that the funds would be put to best use. Looking at the UK, the chapter reports on the recent introduction of DPAs and on the possible development of an agreed process for the use of any recovered funds for anti-corruption work, but the same issues pertain and the process remains a work-in-progress.