ABSTRACT
This chapter focuses on understands the historical context in which the Foreign Corrupt Practices Act (FCPA), and later the Organization of Economic Cooperation and Development (OECD) Anti-Bribery Convention. The OECD Anti-Bribery Convention is a case in which clustered decision making is apparent. With the institutionalized support of the OECD Anti-Bribery Convention, the US began to take seriously the crime of bribery. The United States (US) is most aggressive anti-bribery enforcer, but it is not alone in prosecuting bribery related offenses. All other countries, led by the Brits and Canadians, objected to the extraterritorial reach of US law. Directing the President of the US to pursue an international anti-bribery regime through legislation is clearly not uncoordinated interdependence. There are also reputation costs and business costs that come with criminal prosecutions under the OECD Anti-Bribery Convention and the FCPA. Before the OECD Anti-Bribery Convention was agreed upon, there were fewer than 10 FCPA prosecutions per year, with some years having zero prosecutions.
