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ENDNOTES
'S. Rep, No. 95-114, at 4 (1977) [hereinafter S. Rep. No. 95-114],
available at http ://www.justice.gov/' criminal/fraud/ fcpa/ history/ 1977/
senaterpt-95-114.pdf.
2 Id.; H.R. Rep. No. 95-640, at 4-5 (1977) [hereinafter H. R. Rep. No.
95-640], available at http ://www.justice.gov/criminal/fraud/fcpa/
history/1977/houseprt-95-640.pdf. The House Report made clear
Congress's concerns:
The payment of bribes to influence the acts or
decisions of foreign officials, foreign political parties
or candidates for foreign political office is unethical.
It is counter to the moral expectations and values of
the American public. But not only is it unethical, it
is bad business as well. It erodes public confidence
in the integrity of the free market system. It short-
circuits the marketplace by directing business to
those companies too inefficient to compete in terms
of price, quality or service, or too lazy to engage in
honest salesmanship, or too intent upon unloading
marginal products. In short, it rewards corruption
instead of efficiency and puts pressure on ethical
enterprises to lower their standards or risk losing
business.
Td.
3 See, e.g, U.S. AGENCY FOR INT'L Dev., USAID ANTICORRUPTION
STRATEGY 5-6 (2005), available at http://transition.usaid.gov/policy/
ads/200/200mbo.pdf. The growing recognition that corruption poses
asevere threat to domestic and international security has galvanized
efforts to combat it in the United States and abroad. See, CLs Int'l Anti-
Corruption and Good Governance Act of 2000, Pub. L. No. 106-309,
§ 202, 114 Stat. 1090 (codified as amended at 22 US.C. §§ 2151-2152
(2000)) (noting that “[w]idespread corruption endangers the stability
and security of societies, undermines democracy, and jeopardizes the
social, political, and economic development ofa society. vee [and that]
[clorruption facilitates criminal activities, such as money laundering,
hinders economic development, inflates the costs of doing business, and
undermines the legitimacy of the government and public trust”).
4 See Maryse Tremblay & Camille Karbassi, Corruption and Human
Trafficking 4 (Transparency Int'l, Working Paper No. 3, 201 1), available
at http: //issuu.com/ transparencyinternational/ docs/ ti-working_paper_
human_trafficking 28 _jun_2011; U.S. AGENCY For INT’L Dev.,
FOREIGN AID IN THE NATIONAL INTEREST 40 (2002), available at
http://pdfusaid.gov/pdf_docs/PDABW900.pdf (“No problem does
more to alienate citizens from their political leaders and institutions,
and to undermine political stability and economic development, than
endemic corruption among the government, political party leaders,
judges, and bureaucrats. The more endemic the corruption is, the more
Endnotes
likely itis to be accompanied by other serious deficiencies in the rule of
law: smuggling, drug traficking, criminal violence, human rights abuses,
and personalization of power.’).
> President George W. Bush observed in 2006 that “the culture of
corruption has undercut development and good governance and
.... impedes our efforts to promote freedom and democracy, end
poverty, and combat international crime and terrorism.” President’s
Statement on Kleptocracy, 2 Pus. Papers 1504 (Aug. 10, 2006),
available at http //) georgewbush-whitehouse.archives.gov/ news/
releases/2006/08/20060810.html. The administrations of former
President George W. Bush and President Barack Obama both recognized
the threats posed to security and stability by corruption. For instance,
in issuing a proclamation restricting the entry of certain corrupt foreign
public officials, former President George W. Bush recognized “the
serious negative effects that corruption of public institutions has on the
United States’ efforts to promote security and to strengthen democratic
institutions and free market systems... .” Proclamation No. 7750, 69
Fed. Reg. 2287 (Jan. 14, 2004). Similarly, President Barack Obama's
National Security Strategy paper, released in May 2010, expressed the
administration's efforts and commitment to promote the recognition that
“pervasive corruption is a violation of basic human rights and a severe
impediment to development and global security.” THE WHITE House,
NATIONAL SECURITY STRATEGY 38 (2010), available at http://
www.whitehouse.gov/ sites/default/files/rss_viewer/ national_security_
strategy.pdf.
6 See, C85 INT’L CHAMBER OF COMMERCE, ET AL., CLEAN BUSINESS
Is Goop BusINEss: THE BUSINESS CASE AGAINST CORRUPTION
(2008), available at http ://www.unglobalcompact.org/docs/news_
events/8.1/ clean_business_is_good_business. pdf; ; World Health Org.,
Fact Sheet No. 335, Medicines: Corruption and Pharmaceuticals (Dec.
2009), available at http ://wwwowho.int/mediacentre/factsheets/fs335/
en/; Daniel Kaufmann, Corruption: The Facts, FOREIGN Por’y, Summer
1997, at 119-20; Paolo Mauro, Corruption and Growth, 110 Q. J. Econ.
681, 683, 705 (1995) (finding that “corruption lowers private investment
... [and] reduc[es] economic growth ...”); THE WorLD BANK, THE
Data REVOLUTION: MEASURING GOVERNANCE AND CORRUPTION,
(Apr. 8, 2004), available at http ://go.worldbank.org/87JUY8 GJHO.
7 See, e.g., The Corruption Eruption, ECONOMIST (Apr. 29, 2010),
available at http://www.economist.com/node/ 16005114 (“The hidden
costs of corruption are almost always much higher than companies
imagine. Corruption inevitably begets ever more corruption: bribe-takers
keep returning to the trough and bribe-givers open themselves up to
blackmail.”); Daniel Kaufmann and Shang-Jin Wei, Does “Grease Money”
Speed Up the Wheels of Commerce? 2 (Nat'l Bureau of Econ. Research,
Working Paper No. 7093, 1999), available at http ://www.nber.org/
papers/w7093.pdf (“Contrary to the ‘efficient grease’ theory, we find
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