TPP and Anti-Corruption Clause Samples

The TPP and Anti-Corruption clause establishes requirements for parties to comply with anti-corruption laws and regulations, particularly in the context of third-party providers (TPPs). It typically obligates all parties to avoid engaging in bribery, kickbacks, or other corrupt practices when interacting with TPPs or during the course of the agreement. This clause may require due diligence on TPPs, reporting of suspicious activities, and cooperation in investigations. Its core function is to mitigate legal and reputational risks by ensuring ethical conduct and compliance with anti-corruption standards throughout the business relationship.
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TPP and Anti-Corruption. The underlying logic behind including provisions against corruption in PTAs is that bribery and other forms of corruption, act as an important trade and investment barrier. Bribes distort free market pricing, increase the cost of investment and could deter foreign investment. Thus, despite the fact that trade agreements are meant to minimise economic barriers to trade, companies that comply with anti-corruption laws, and choose not to bribe, are significantly disadvantaged.229 While some bilateral PTAs have already included anti-corruption provisions — notably those concluded between the United States and Panama (2007), Colombia (2006), Peru (2006), Oman (2006), Bahrain (2004), Central Africa Free Trade Agreement–Dominican Republic (‘CAFTA–DR’) (2004), and Morocco (2004),230 multilateral or regional agreements have lagged behind. Only the P4 (as mentioned, involving Brunei Darussalam, Chile, New Zealand and Singapore) has an anti-corruption provision (art 11.19), which focuses on corruption in government procurement alone. A similar provision is also found in the FTAs between US and Panama, Colombia, Peru, Bahrain, CAFTA–DR, Morocco and Chile.231 228 ▇▇▇▇▇▇▇▇, above n 222, 25. 229 ▇▇▇▇▇ ▇▇▇▇▇▇, The Trans-Pacific Partnership Agreement: A Breakthrough in Global Anti- Corruption Efforts (30 November 2015) Corporate Compliance Insights <▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/the-trans-pacific-partnership-agreement-a- breakthrough-in-global-anti-corruption-efforts/>, archived at <▇▇▇▇▇://▇▇▇▇▇.▇▇/Z5EP- SJXW>. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇–Panama Trade Promotion Agreement (entered into force 31 October 2012) ch 18 s B; United States–Colombia Trade Promotion Agreement signed 22 November 2006 (entered into force 15 May 2012) ch 19 s B; United States–Peru Trade Promotion Agreement, signed 12 April 2006 (entered into force 1 February 2009) ch 19 s B; United States–Oman Trade Promotion Agreement, signed 19 January 2006 (entered into force 1 January 2009) art 18.5; United States–Bahrain Free Trade Agreement, signed 14 September 2004 (entered into force 11 January 2006) art 17.5; The Dominican Republic–Central America Free Trade Agreement, signed 5 August 2004 (entered into force 1 January 2005) ch 18 s B; United States–Morocco Free Trade Agreement, signed 15 June 2004 (entered into force 1 January 2006) art 18.5; Australia–United States Free Trade Agreement, signed on 18 May 2004 (entered into force 1 January 2005) art 22.5 and United States–Singapore Free Trade Agreement, si...
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Related to TPP and Anti-Corruption

  • Anti-Corruption and Anti-Bribery Laws Neither the Company nor any of its subsidiaries nor any director, officer, or employee of the Company or any of its subsidiaries, nor to the knowledge of the Company, any agent, affiliate or other person acting on behalf of the Company or any of its subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made or taken any act in furtherance of an offer, promise, or authorization of any direct or indirect unlawful payment or benefit to any foreign or domestic government official or employee, including of any government-owned or controlled entity or public international organization, or any political party, party official, or candidate for political office; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”), the UK ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, or any other applicable anti-bribery or anti-corruption law; or (iv) made, offered, authorized, requested, or taken an act in furtherance of any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment or benefit. The Company and its subsidiaries and, to the knowledge of the Company, the Company’s affiliates have conducted their respective businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

  • Sanctions and Anti-Corruption Laws The Borrower will not, and will not permit any Subsidiary to, request any Loan or Letter of Credit or, directly or indirectly, use the proceeds of any Loan or any Letter of Credit, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, (ii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Loans or Letters of Credit, whether as an Arranger, the Administrative Agent, any Lender (including a Swingline Lender), any Issuing Bank, underwriter, advisor, investor or otherwise), or (iii) in furtherance of an offer, payment , promise to pay or authorization of the payment or giving of money or anything else of value to any Person in violation of applicable Anti-Corruption Laws.

  • Anti-Bribery and Anti-Corruption You shall comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010 in connection with this Agreement and promptly report to UPS any request or demand for any undue financial or other advantage of any kind received by such party in connection with the performance of this Agreement.” f. If You are a resident of or Your registered office is located in Indonesia, Section 12.13 of the General Terms and Conditions shall be deleted in its entirety and replaced with the following:

  • Anti-Corruption The Recipient shall ensure that the Project is carried out in accordance with the provisions of the Anti-Corruption Guidelines.

  • Anti-Bribery and Anti-Corruption Laws (i) The Loan Parties are in compliance with the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”), and the anti-bribery and anti-corruption laws of those jurisdictions in which they do business (collectively, the “Anti-Corruption Laws”). (ii) None of the Loan Parties has at any time: (A) offered, promised, paid, given, or authorized the payment or giving of any money, gift or other thing of value, directly or indirectly, to or for the benefit of any employee, official, representative, or other person acting on behalf of any foreign (i.e., non-U.S.) Governmental Authority thereof, or of any public international organization, or any foreign political party or official thereof, or candidate for foreign political office (collectively, “Foreign Official”), for the purpose of: (1) influencing any act or decision of such Foreign Official in his, her, or its official capacity; or (2) inducing such Foreign Official to do, or omit to do, an act in violation of the lawful duty of such Foreign Official, or (3) securing any improper advantage, in order to obtain or retain business for, or with, or to direct business to, any Person; or (B) acted or attempted to act in any manner which would subject any of the Loan Parties to liability under any Anti-Corruption Law. (iii) To the knowledge of the Loan Parties, there are, and have been, no allegations, investigations or inquiries with regard to a potential violation of any Anti-Corruption Law by any of the Loan Parties or any of their respective current or former directors, officers, employees, stockholders or agents, or other persons acting or purporting to act on their behalf. (iv) The Loan Parties have adopted, implemented and maintain anti-bribery and anti-corruption policies and procedures that are reasonably designed to ensure compliance with the Anti-Corruption Laws.