World Bank Anti-Corruption Enforcement: What Companies and Counsel Need to Know

The World Bank has become increasingly aggressive about enforcing the Bank's sanctionable practices, including fraud and corruption. In some ways, these enforcement actions mirror those taken by U.S. regulators under the Foreign Corrupt Practices Act. But there are significant differences too.

The Bank's jurisdiction is broader than that of the U.S. government in that it picks up parties anywhere in the world that bid on, participate in, and/or benefit from World Bank contracts. And the Bank's standard of proof for establishing a violation is less rigorous than the standard for criminal liability under the FCPA. Simply put, the Bank is afforded ample discretion when investigating and sanctioning allegations of misconduct. And sanctions can be severe.

Listen as our authoritative panel analyzes the Bank's sanctions process, from how matters are initiated to how they get adjudicated. The panel will also discuss best practices for minimizing sanctions when under review by the Bank.

1. Bank sanctions process
   1. Jurisdiction
   2. Role of Integrity Vice Presidency (INT)
   3. The scope of sanctionable conduct
2. Anatomy of a bank investigation
   1. Initiation of investigation and preliminary assessment
   2. Two-tiered sanctions process
      1. Evaluation by Office of Suspension and Debarment (SDO)
      2. Sanctions Board
   3. Determination of recommended action
      1. Debarment, cross-debarment and conditional release
   4. Settlement process
3. Best practices
   1. Engagement with bank
   2. Strategy when providing information
   3. Affirmative compliance enhancements
   4. Effective advocacy

The panel will offer an exchange of views, both from the outside counsel perspective and the Bank perspective, on topics such as the following:

• What constitutes prohibited activity under Bank rules
• How Bank investigations start
• How the Bank investigation process works
• The investigative powers the Bank employs, including its coordination with national authorities
• Steps counsel and companies should take to monitor and manage proper compliance with Bank rules
• Recommended steps for responding to a Bank investigation