Illicit Payments

This paper examines the topic of transnational bribery in the context of international investment agreements (IIAs), as well as other international instruments that address issues related to the making of such illicit payments.

This paper begins with the identification of the principal issues that arise in connection with establishing obligations to criminalize transnational bribery.

Then it takes stock of how IIAs and IIA-related instruments have dealt with those issues.

An analysis then addresses the development and policy implications of illicit payments, and concludes with a discussion of some options that could be considered.