[PASSED] Convention on Foreign Political Corruption

[Auralia]

Convention on Foreign Political Corruption
Category: Furtherment of Democracy | Strength: Significant

Recalling this Assembly's previous efforts to improve governmental accountability and transparency in member states,

Affirming this Assembly's commitment to combating political bribery across international borders,

Alarmed in particular by the practice of individuals or businesses employing political bribery in a member state to obtain or maintain business in that member state,

Seeking to prohibit such practices,

The General Assembly,

1. Defines "political bribery", for the purposes of this resolution, as participating, whether directly or indirectly, in the provision of anything of value, including but not limited to money, goods, or services, to:
   
   1. an individual or entity performing public duties in a member state or its subdivisions, in order to influence the individual or entity to act in a manner contrary to their public duties, or
   2. an official of the government of, an official of a political party in, or a candidate for political office in a member state or its subdivisions, in order to:
      
      1. influence any action of that official or candidate taken when acting in their present or future official capacity, or
      2. influence the official or candidate to in turn influence any action of the government of their member state or its subdivisions;
2. Prohibits member states from engaging in political bribery in any other member state, except where the member state is explicitly permitted to do so by the laws or regulations of that other member state;
3. Requires member states to prohibit any individual or entity subject to the jurisdiction of a member state, including but not limited to:
   
   1. residents, nationals, and citizens of the member state, and
   2. businesses and other organizations incorporated in, based in, operating in, or otherwise associated with the member state,
   from engaging in political bribery in any other member state, except where the individual or entity is explicitly permitted to do so by the laws or regulations of that other member state;
4. Urges member states to take particular care to enforce the provisions of this resolution against individuals and businesses under their jurisdiction who engage in political bribery in a target member state in order to obtain or maintain business in that target member state;
5. Clarifies that nothing in this resolution affects the regulation of purely domestic political bribery;
6. Further clarifies that nothing in this resolution prohibits member states from taking any action required to protect vital national security interests during serious international disputes or times of war.

[Aclion]

Requires member states to prohibit any entity subject to the jurisdiction of a member state from participating, whether directly or indirectly, in the practices barred by this resolution;
Urges member states to take particular care to strictly enforce the provisions of this resolution against businesses under their jurisdiction who participate in the practices barred by this resolution in a member state in order to obtain or retain business in that member state;

Is it your intention that the restrictions in 1 and 2 apply to all entities under member state jurisdiction? Because the language in 1 and 2 two still only applies to member states.

[Attempted Socialism]

OOC: Your current draft would, as I read it, leave out any corruption where the bribee is a private individual or company, even when this company is in control of public goods, such as leases, exclusive rights or public contracts.
I also find it curious that your proposal lacks a definition of corruption - is that intended? If not, I'm very fond of this one: Misuse of entrusted office for private gain. You can go the Karklins way and add 'add the expense of public good', but if you want to expand it, I'd rather make sure it includes state capture. I've been working on a theoretical delineation of state capture in contrast to democracy over the spring and summer, I can give you an earlier version of my definition if you want it.

[Auralia]

Requires member states to prohibit any entity subject to the jurisdiction of a member state from participating, whether directly or indirectly, in the practices barred by this resolution;
Urges member states to take particular care to strictly enforce the provisions of this resolution against businesses under their jurisdiction who participate in the practices barred by this resolution in a member state in order to obtain or retain business in that member state;

Is it your intention that the restrictions in 1 and 2 apply to all entities under member state jurisdiction? Because the language in 1 and 2 two still only applies to member states.

Yes, that is my intent; I've separated out a definition of political bribery to make this clearer.

OOC: Your current draft would, as I read it, leave out any corruption where the bribee is a private individual or company, even when this company is in control of public goods, such as leases, exclusive rights or public contracts.

((OOC: That is correct. The intended target of this draft is specifically foreign political corruption. This is not to say that other forms of foreign corruption should be permitted, but they are more difficult to regulate and so I am not addressing them with this draft.

With that said, I'll see what I can do to address the issue of private sector entities responsible for public goods or otherwise acting on behalf of the government, since I think that can plausibly be characterized as a form of political corruption.))

I also find it curious that your proposal lacks a definition of corruption - is that intended? If not, I'm very fond of this one: Misuse of entrusted office for private gain. You can go the Karklins way and add 'add the expense of public good', but if you want to expand it, I'd rather make sure it includes state capture. I've been working on a theoretical delineation of state capture in contrast to democracy over the spring and summer, I can give you an earlier version of my definition if you want it.

((OOC: The term is never used formally, so I don't think that's necessary. To be clear, the purpose of this draft is not to ban corruption, per se; it is to ban inducement of corrupt practices (i.e. bribery) by foreign actors.))

Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly

[Imperium Anglorum]

So basically all Military Intelligence need do is create a few shell corporations.

[Tinhampton]

So... does this prohibit, for example, Member State A's government donating however-much money to a favoured political party engaging in an election in Member State B? To what extent?

[Lexicor]

Will this proposal address issues of private individuals being foreign agents within a domestic government?

[Attempted Socialism]

OOC:

OOC: Your current draft would, as I read it, leave out any corruption where the bribee is a private individual or company, even when this company is in control of public goods, such as leases, exclusive rights or public contracts.

((OOC: That is correct. The intended target of this draft is specifically foreign political corruption. This is not to say that other forms of foreign corruption should be permitted, but they are more difficult to regulate and so I am not addressing them with this draft.

With that said, I'll see what I can do to address the issue of private sector entities responsible for public goods or otherwise acting on behalf of the government, since I think that can plausibly be characterized as a form of political corruption.))

Would you be interested in some collaboration to expand the scope? I'm working on a paper on corruption (specifically state capture), so I can justify it in my mind with it being work related.

[Bears Armed]

"Wartime exemptions? Being barred from bribing people whom one is allowed to -- for example -- bomb seems like a strange combination of rules..."

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly.

[Auralia]

So basically all Military Intelligence need do is create a few shell corporations.

To do what, exactly? Conduct bribery on behalf of the government in other states? Because that would be barred by clause 3 of this proposal.

So... does this prohibit, for example, Member State A's government donating however-much money to a favoured political party engaging in an election in Member State B? To what extent?

This proposal is specifically targeted at foreign political corruption and not foreign influence in elections, although the latter might make a good topic for a separate proposal. Accordingly, this draft would not necessarily prohibit A from donating money to a political party in B; however, it would prohibit donating money to a political candidate or official in a political party in order to influence the actions of the official or candidate as described in 1(a).

Will this proposal address issues of private individuals being foreign agents within a domestic government?

If the individual was an agent of the government and was bribed by a foreign power to act as a foreign agent, then yes. If the individual was bribed by a foreign power to act contrary to his public duties, then yes. Otherwise, no -- this proposal addresses political corruption, not espionage, subversion, or sabotage.

Would you be interested in some collaboration to expand the scope? I'm working on a paper on corruption (specifically state capture), so I can justify it in my mind with it being work related.

((OOC: The World Assembly's previous attempt to regulate all forms of corruption -- including domestic corruption -- was repealed in part on the grounds that domestic corruption should not be regulated by the World Assembly. I would first like to see whether a more restricted proposal can succeed before pursuing a broader ban.))

"Wartime exemptions? Being barred from bribing people whom one is allowed to -- for example -- bomb seems like a strange combination of rules..."

Indeed, which is why the proposal does contain wartime exceptions; see the last clause of the proposal.

Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly

[Auralia]

((OOC: Bumping this.))

[Auralia]

((OOC: Bumping this again.))

[Bruke]

*Nega rises from his seat at the Brukean delegation* "Why does your resolution repeatedly say "[except when]....explicitly permitted to do so by the laws or regulations of that other member state"? Why allow member states to permit political bribery? Doesn't that undermine the whole reason behind your resolution?"

[Clean Land]

*Nega rises from his seat at the Brukean delegation* "Why does your resolution repeatedly say "[except when]....explicitly permitted to do so by the laws or regulations of that other member state"? Why allow member states to permit political bribery? Doesn't that undermine the whole reason behind your resolution?"

The definition of political bribery would do lots of harm if you would apply it to domestic politics. Read it, ambassador, and then think of any problems that may arise when you apply this to domestic politics.

[Fauxia]

*Nega rises from his seat at the Brukean delegation* "Why does your resolution repeatedly say "[except when]....explicitly permitted to do so by the laws or regulations of that other member state"? Why allow member states to permit political bribery? Doesn't that undermine the whole reason behind your resolution?"

“They may get away with it. This now makes it illegal in both nations, not just the subject nation.”

[Auralia]

*Nega rises from his seat at the Brukean delegation* "Why does your resolution repeatedly say "[except when]....explicitly permitted to do so by the laws or regulations of that other member state"? Why allow member states to permit political bribery? Doesn't that undermine the whole reason behind your resolution?"

The definition of political bribery is very broad and encompasses a number of activities that a member state may wish to permit.

Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly

[Auralia]

This has been submitted.

[Kenmoria]

This has been submitted.

(OOC: Change the tag from [DRAFT] to [SUBMITTED].)

[Imperium Anglorum]

Urges member states to take particular care to enforce the provisions of this resolution against individuals and businesses under their jurisdiction who engage in political bribery in a target member state in order to obtain or maintain business in that target member state;

It would seem to me that this (and the more broad section 3 requirement) would serve merely as a non-tariff trade barrier against foreign companies acting in societies in which the gift is an important form of social transaction.

Also, anything of value is extremely broad, and would practically ban multinational corporations from holding conferences where they provide food and talk about papers which would influence, say, the administration of policies on advance dividends in deposit insurance.

[Auralia]

Urges member states to take particular care to enforce the provisions of this resolution against individuals and businesses under their jurisdiction who engage in political bribery in a target member state in order to obtain or maintain business in that target member state;

It would seem to me that this (and the more broad section 3 requirement) would serve merely as a non-tariff trade barrier against foreign companies acting in societies in which the gift is an important form of social transaction.

In states where gifts are an important form of social transaction, the foreign country can explicitly provide for the licity of such gifts by foreign entities in its national law. This is clearly permitted by the proposal.

Also, anything of value is extremely broad, and would practically ban multinational corporations from holding conferences where they provide food and talk about papers which would influence, say, the administration of policies on advance dividends in deposit insurance.

This would depend on the purpose of the conference. If the purpose of the conference is indeed to influence the behaviour of public officials, then yes, you would need the permission of the member state where the conference took place. I do not see why requiring state approval of foreign influence in domestic policy is a problem.

Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly

[Attempted Socialism]

"While we would like a larger scope, on the issue of political corruption in general, we recognise that this is a first good step in the right direction. We are also satisfied that the draft was amended to refer to public duties, regardless of whether the entity having those duties is itself public or private in nature. While irrelevant in the Solidarity Movement, that will go a long way to alleviate threats of foreign corruption in mixed or capitalist economies."

[Kenmoria]

"This delegation finds no issues with the draft - it therefore has a tenative FOR vote from us."

[Yohannes]

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In Her Majesty’s Hands
Queen of the Kingdom of Alexandria
Elected Yohannesian Emperor
The Excellencies Envoys Extraordinary and Ministers Plenipotentiary,
Her Excellency the Ambassador to the World Assembly Elisa Wake
The People of the Nineteen Countries







The Ambassadors of Friendly Nation States,
In the Name of Friendship and Love;

Being desirous to see without interruption the representation at the World Assembly of the voice of my people in the Kingdom of Alexandria, and the nineteen countries entrusted by electoral right upon me, I have judged it expedient to submit my vote before the World Assembly For the General Assembly Resolution At Vote: Convention on Foreign Political Corruption.

Having already seen with certainty the effectiveness of the Fourth Amendment and its body the Administrative Financial Security Commission of the Nineteen Countries upon the Yohannesian Model through the years, I doubt not that in this vote of For I will contribute to the cause of championing for the most noble promotion of economic efficiency and political transparency amongst the World Assembly nation states community.

The University of Yohannes Vice Chancellor’s short story collection “Tales from Yohannes the Continent” has shown that:


1. In a Yohannesian Model economy, fairly frequent changes and the critical examination of subsidy use or misuse by industry seem to have dampened ‘rent-seeking’ to lower levels than those found in other advanced economies of the Anglo-Saxon capitalist variety.


2. In the nineteen countries, the Ministry of Economy, Industry and Trade’s departments have generally been served by fairly generous state-sanctioned provisions and remuneration programmes, for instance the previously mentioned Fourth Amendment and its body the Administrative Financial Security Commission, resulting in mostly honest bureaucrats who have avoided corruption which sometimes links businesses and politicians.


3. Policies for efficiency, especially a well-drafted policy such as the present General Assembly Resolution At Vote, are very important components in overseeing the building of wealth in the continent of Yohannes.
Now, therefore, be it enacted by the august and most excellent parliament of the nineteen countries, by and with the advice and consent of the elected collegians and members of the whole committee assembled, and by the authority of the same, that a vote of For has been submitted by the Thirty-sixth Christian Democratic Executive Council for the General Assembly Resolution At Vote: Convention on Foreign Political Corruption.




GARNET A

Queen of the Kingdom of Alexandria
Elected Emperor of the Nineteen Countries

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[Triangle And Square]

TNP's viewpoint on this:

Convention On Foreign Political Corruption aims to prevent international political bribery without infringing on ember states national sovereignty by allowing member states to decide through internal legislation how corruption should be dealt with. The Ministry finds that the resolution at vote prevents political corruption without the adverse effect of outlawing lobbyists or political action committees. The Ministry also believes that the passage of this resolution will do much to foster a healthier political climate within the World Assembly.

For these reasons, the Ministry of World Assembly Affairs recommends a vote for the resolution.

Finally I can no longer be corrupt. Thank you!

[Scherzinger]

So, the GA is just forcing every nation to be a filthy democracy?