[DRAFT] Action On Bribery

[New Min]

Action On Bribery
Category: Political Stability | Strength: Significant | Proposed by: New Min

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Believing domestic bribery undermines the stability of nations and organisations,

Furthermore believing it is necessary for this esteemed Assembly to tackle the international issue of destabilizing governments,

Understanding action on bribery prevents many complications that come with domestic corruption and bribery,

Seeking to end the destructive practice of bribery,

The World Assembly,

1. Defines, for the purpose of this resolution,

1. 'bribery' as the act of promising or giving an advantage to another person or organisation (the 'subject'), by:
   
   1. being aware or believing that bribery would be deemed improper functioning within the framework of their activity,
   2. regardless of perceived or known illegality, in the expectation that a relevant function shall be performed improperly by the subject or anyone else, and/or
   3. regardless of perceived or known illegality, as a reward for improper performance within the framework of their activity, whether concerning performance in the past or yet to happen,
2. 'being bribed' as the act of requesting or accepting any advantage conducted as a result of bribery, including the above three definitions of 'bribery',

2. Mandates that all member states ban the aforementioned practices of bribery and being bribed, and hand out proportionate and reasonable sentences for individuals and organisations that commit these practices,

3. Prohibits governments of member states from engaging in bribery or being bribed, and

4. Implores member nations to engage in further action against bribery and being bribed; including (but not limited to) requiring members of the government to report all attempted bribery, prohibiting or concluding all government contracts known to have been acquired through corruption, and actively searching for those who have engaged in bribery or being bribed.

Co-authored by Tinhampton.

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Changelog
Removed a clause to prevent loopholes
Complete new version (rewrite made by Tinhampton) uploaded (including new title)
Changed category
Changed category back again
New preamble

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The World Assembly,

1. Defines, for the purpose of this resolution, 'bribery' as the act of either

1. promising or giving any advantage, either financial or not financial, to another person or organisation with the intent to make someone perform improperly within the framework of their function or activity, or
2. promising or giving any advantage, either financial or not financial, to another person or organisation whilst knowing or believing that the acceptance itself would be considered by law improper functioning within the framework of their function or activity.

2. Clarifies giving financial- or other advantages to someone that will perform, or has performed, the function or activity is also included in clause 1.

3. Furthermore clarifies giving, offering or promising advantages through a third party is also included in clause 1.

4. Defines, for the purpose of this resolution, 'being bribed' as the act of either

1. requesting, accepting or agreeing to receive an advantage, either financial or not financial, intending that, as a result, a relevant function should be performed improperly by the receiver or someone else, or
2. requesting, accepting or agreeing to receive an advantage, either financial or not financial, whilst knowing or believing the request, agreement, or acceptance itself would be considered by law improper functioning within the framework of their function or activity, or
3. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for improper performance, within the framework of the relevance of their function or activity, in the past, or
4. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for yet to happen improper performance, within the framework of the relevance of their, or someone else's function or activity.

5. Clarifies not knowing or believing their action is illegal is not relevant in clauses 4a, 4c and 4d.

6. Requires member nations to consider the acts of bribery and being bribed, as defined in respectively clause 1 and clause 4, illegal, with heavy but reasonable punishments for individuals and organisations found to have committed one of the aforementioned crimes.

7. Prohibits member nations from practising bribery or being bribed as a government.

8. Urges member nations to

1. require government officials and officers to report any and all attempts of bribery, and
2. end government contracts with companies found to have established these contracts through corruption, and
3. actively search for those guilty of bribery or being bribed.

Concerned that, in many countries and in the absence of adequate international legislation, both the private and public sectors are highly vulnerable to bribery,

Believing that, when contracts, deals and other such rewards are awarded as a result of bribery, the end product is ultimately delivered inferiorly and at a higher cost than it would be had the process been fair, and could even result in the collapse of national governments and major companies, and

Hoping for an end to the abhorrent practice of bribery,

The World Assembly,

1. Defines, for the purpose of this resolution,

1. 'bribery' as the act of promising or giving an advantage to another person or organisation (the 'subject'), including:
   
   1. being aware or believing that bribery would be deemed improper functioning within the framework of their activity,
   2. regardless of perceived or known illegality, in the expectation that a relevant function shall be performed improperly by the subject or anyone else, and/or
   3. regardless of perceived or known illegality, as a reward for improper performance within the framework of their activity, whether concerning performance in the past or yet to happen,
2. 'being bribed' as the act of requesting or accepting any advantage conducted as a result of bribery, including the above three definitions of 'bribery'.

2. Mandates that all member states ban the aforementioned practices of 'bribery' and 'being bribed', and hand out proportionate and reasonable sentences for individuals and organisations that commit these practices,

3. Prohibits governments of member states from engaging in bribery or being bribed, and

4. Implores member nations to engage in further action against bribery and being bribed; including (but not limited to) requiring members of the government to report all attempted bribery, prohibiting or concluding all government contracts known to have been acquired through corruption, and actively searching for those who have engaged in bribery or being bribed.

Co-authored by Tinhampton

[Forensatha]

Against.
Forensatha is satisfied with the amount of legislation dealing with this and most crimes.

[New Min]

Against.
Forensatha is satisfied with the amount of legislation dealing with this and most crimes.

"What legislation are you referring to, Ambassador? GAR248 "Against Corruption" has been repealed, as you are hopefully aware of."

[Desmosthenes and Burke]

OOC: You know my general objection, but I have a few reservations about the specific text you have given.

4. Defines, for the purpose of this resolution, 'being bribed' as the act of either

1. requesting, accepting or agreeing to receive an advantage, either financial or not financial, intending that, as a result, a relevant function should be performed improperly by the receiver or someone else, or
2. requesting, accepting or agreeing to receive an advantage, either financial or not financial, whilst knowing or believing the request, agreement, or acceptance itself would be considered by law improper functioning within the framework of their function or activity, or
3. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for improper performance, within the framework of the relevant of their function or activity, in the past, or
4. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for yet to happen improper performance, within the framework of the relevant of their, or someone else's function or activity.

5. Clarifies not knowing or believing their action is illegal is not relevant in clauses 4a, 4c and 4d.

I would remove the bolded and stricken portions entirely. I am not sure it appears or actually is any better to reward or pay off public officials with money or other effects for PROPER performance either.

Clause 5 just makes me uncomfortable. So-called strict liability is something I find objectionable in principle as a perversion of justice.

[Bears Armed]

OOC
This is not 'Political Stability'.

[New Min]

OOC: You know my general objection, but I have a few reservations about the specific text you have given.

4. Defines, for the purpose of this resolution, 'being bribed' as the act of either

1. requesting, accepting or agreeing to receive an advantage, either financial or not financial, intending that, as a result, a relevant function should be performed improperly by the receiver or someone else, or
2. requesting, accepting or agreeing to receive an advantage, either financial or not financial, whilst knowing or believing the request, agreement, or acceptance itself would be considered by law improper functioning within the framework of their function or activity, or
3. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for improper performance, within the framework of the relevant of their function or activity, in the past, or
4. requesting, accepting or agreeing to receive an advantage, either financial or not financial, as a reward for yet to happen improper performance, within the framework of the relevant of their, or someone else's function or activity.

5. Clarifies not knowing or believing their action is illegal is not relevant in clauses 4a, 4c and 4d.

I would remove the bolded and stricken portions entirely. I am not sure it appears or actually is any better to reward or pay off public officials with money or other effects for PROPER performance either.

Clause 5 just makes me uncomfortable. So-called strict liability is something I find objectionable in principle as a perversion of justice.

OOC: That would make paying a salary to one of your employees illegal. Also, I disagree with your opinion on clause 5, as I believe simply saying you weren't aware corruption is illegal is not an excuse, only in clause 4b.

OOC
This is not 'Political Stability'.

OOC: I have discussed that with SL, who is currently considering it and I will wait for his/her opinion on it. I mainly went for PS as GAR248 had that one too.

[Desmosthenes and Burke]

OOC: You know my general objection, but I have a few reservations about the specific text you have given.



I would remove the bolded and stricken portions entirely. I am not sure it appears or actually is any better to reward or pay off public officials with money or other effects for PROPER performance either.

Clause 5 just makes me uncomfortable. So-called strict liability is something I find objectionable in principle as a perversion of justice.

OOC: That would make paying a salary to one of your employees illegal. Also, I disagree with your opinion on clause 5, as I believe simply saying you weren't aware corruption is illegal is not an excuse, only in clause 4b.

I believe the "advantage" language you used would cover the official's normal contractual remuneration, but I reiterate my concern about the impropriety of paying off officials for doing their jobs properly. Microsoft handing an magistrate money after the fact is legal under your proposal, so long as the magistrate did his job properly prior to receiving and accepting it. However, I am not attached to any specific formulation on the point, so long as it is addressed in some way.

As for my objection to clause 5, I stand by it. Not knowing the law in general, I agree, should not be accepted as a barrier, but the law not being clear about what is or is not prohibited ought be, and the instant proposal uses the nebulous term "improper" which is insufficiently clear to me to refuse reasonable ignorance as a barrier to conviction.

[Uan aa Boa]

The problem here is that you're defining bribery in terms of it already being improper according to some law or standard. This means there are already, by definition, if not always laws then at least clear expectations that this behaviour is unacceptable. You're therefore close to proposing that there be a rule stating that the rules have to be followed.

I also think its unwise to give separate definitions of bribery and of being bribed. It would be far simpler and clearer to define one in terms of the other. Either the recipient of bribery is being bribed or bribery is what occurs when someone is being bribed.

Considering we already have GA #427 Convention on International Corruption what you’re seeking to address here is, by definition, not an international issue.

[Aureumterra]

OOC: Simply replace every occurrence of “advantage, either financial or not financial” with “asset”

Other than that, it’s a good proposal, maybe the title could be tweaked to emphasize bribery as the target, since corruption is a broad term

[New Min]

OOC post.

The problem here is that you're defining bribery in terms of it already being improper according to some law or standard. This means there are already, by definition, if not always laws then at least clear expectations that this behaviour is unacceptable. You're therefore close to proposing that there be a rule stating that the rules have to be followed.

Not true. The term by law is only used in clauses 1b and 4b, so bribery is still illegal. These clauses only say that, even if you do not perform improperly, accepting advantages, whilst knowing the acceptance itself would be considered improper performance by law, is illegal.

I also think its unwise to give separate definitions of bribery and of being bribed. It would be far simpler and clearer to define one in terms of the other. Either the recipient of bribery is being bribed or bribery is what occurs when someone is being bribed.

I have tried, but this was the only possible way to prevent loopholes.

Considering we already have GA #427 Convention on International Corruption what you’re seeking to address here is, by definition, not an international issue.

Countries and organisation destabalizing due to domestic corruption is an international issue.

[Kenmoria]

“No preamble? Also, you have a lot of definition clauses and clarification causes, and it seems as though some of them are over complicated.”

[Uan aa Boa]

OOC post.

The problem here is that you're defining bribery in terms of it already being improper according to some law or standard. This means there are already, by definition, if not always laws then at least clear expectations that this behaviour is unacceptable. You're therefore close to proposing that there be a rule stating that the rules have to be followed.

Not true. The term by law is only used in clauses 1b and 4b, so bribery is still illegal. These clauses only say that, even if you do not perform improperly, accepting advantages, whilst knowing the acceptance itself would be considered improper performance by law, is illegal.

Sorry, you'll need to explain to me why something that's already considered improper by law is not illegal without a resolution to make it so.

[New Min]

“No preamble? Also, you have a lot of definition clauses and clarification causes, and it seems as though some of them are over complicated.”

"Preamble will follow. I am open to any suggestions on how to define bribery without over or under including things."

OOC post.

Not true. The term by law is only used in clauses 1b and 4b, so bribery is still illegal. These clauses only say that, even if you do not perform improperly, accepting advantages, whilst knowing the acceptance itself would be considered improper performance by law, is illegal.

Sorry, you'll need to explain to me why something that's already considered improper by law is not illegal without a resolution to make it so.

OOC: First of all, this resolution does more than just banning it. Second, improper is legally not an equivalent to illegal.

[Tinhampton]

This could do with a bit of work. Here's my personal suggested rewrite (my apologies, of course, if your interpretation of "urges" is as an optional and not a mandatory clause):

Action on Bribery
A resolution to restrict political freedoms in the interest of law and order.

Category: Political Stability

Strength: Significant

Proposed by: New Min

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The General Assembly,

Concerned that, in many countries and in the absence of adequate international legislation, both the private and public sectors are highly vulnerable to bribery,

Believing that, when contracts, deals and other such rewards are awarded as a result of bribery, the end product is ultimately delivered inferiorly and at a higher cost than it would be had the process been fair, and could even result in the collapse of national governments and major companies, and

Hoping for an end to the abhorrent practice of bribery,

Hereby:

1. Defines, for the purpose of this resolution:
   
   • 'bribery' as the act of promising or giving any advantage to another person or organisation (the 'subject'), including:
     
     1. being aware or believing that bribery would be deemed improper functioning within the framework of their activity,
     2. regardless of percieved or known illegality, in the expectation that a relevant function shall be performed improperly by the subject or anyone else, and/or
     3. regardless of percieved or known illegality, as a reward for improper performance within the framework of their activity, whether concerning performance in the past or yet to happen,
   • 'being bribed' as the act of requesting or accepting any advantage conducted as a result of bribery, including the above three definitions of 'bribery,'
2. Mandates that all member states ban the aforementioned practices of 'bribery' and 'being bribed', and hand out proportionate and reasonable sentences for individuals and organisations that commit these practices,
3. Prohibits governments of member states from engaging in bribery or being bribed, and
4. Implores member nations to engage in further action against bribery and being bribed; including (but not limited to) requiring members of the government to report all attempted bribery, prohibiting or concluding all government contracts known to have been acquired through corruption, and actively searching for those who have engaged in bribery or being bribed.

[Forensatha]

Against.
Forensatha is satisfied with the amount of legislation dealing with this and most crimes.

"What legislation are you referring to, Ambassador? GAR248 "Against Corruption" has been repealed, as you are hopefully aware of."

See: GA #427

[New Min]

"What legislation are you referring to, Ambassador? GAR248 "Against Corruption" has been repealed, as you are hopefully aware of."

See: GA #427

"Ahem - let me quote it: 'Clarifies that nothing in this resolution affects the regulation of purely domestic political bribery'"

[Forensatha]

But what keeps the New Min or Forensatha from enacting national legislation that can address the same issue this does?

7. Prohibits member nations from practising bribery or being bribed as a government.

8. Urges member nations to
require government officials and officers to report any and all attempts of bribery, and
end government contracts with companies found to have established these contracts through corruption, and
actively search for those guilty of bribery or being bribed.

Corrupt governments can easily step around #8 and it's aspects.
#8 (c) sounds like you're encroaching a bit to much on the nation's legal systems.

[Dawn Kingdom]

Bribery and corruption is one of the strongest political game. Outlawing bribery would damage lot of corrupt nations. Strongly against.

[New Min]

Bribery and corruption is one of the strongest political game. Outlawing bribery would damage lot of corrupt nations. Strongly against.

"That's the fucking point, you plonker."

[Dawn Kingdom]

Bribery and corruption is one of the strongest political game. Outlawing bribery would damage lot of corrupt nations. Strongly against.

"That's the fucking point, you plonker."

1.) Mind your words,
2.) I know that this proposal is to depose dictatorships,
3.) zero chance of passing.

[Separatist Peoples]

"That's the fucking point, you plonker."

1.) Mind your words,
2.) I know that this proposal is to depose dictatorships,
3.) zero chance of passing.

"Ambassador, three things. First, we can fucking swear as fucking much as we fucking like. Second, not all dictatorships are corrupt. Third, past corruption control attempts have succeeded. There is little reason this one will not eventually get there. It is more likely by far to succeed than your drafts."

[Dawn Kingdom]

If I was the fucking one who sweared then I would be banned even before I could press the button "submit", second of all, corruption is great way of ruling the nation. Why should you outlaw it?

[Separatist Peoples]

If I was the fucking one who sweared then I would be banned even beofre I could press the button "submit", second of all, corruptiong is great way of ruling the nation. Why should you outlaw it?

"Because it truly isn't the best way of ruling a nation. It is inherently inefficient, and puts the means of governance out of the reach of the poor or poorly connected by arbitrarily increasing the transactional cost of governing."

[Linux and the X]

1.) Mind your words,

What's wrong with the Ambassador's words?

2.) I know that this proposal is to depose dictatorships,

Figured that one out, eh? Good for you, champ.

3.) zero chance of passing.

Even if that were true, that doesn't seem to stop you from drafting.

[Dawn Kingdom]

If I was the fucking one who sweared then I would be banned even beofre I could press the button "submit", second of all, corruptiong is great way of ruling the nation. Why should you outlaw it?

"Because it truly isn't the best way of ruling a nation. It is inherently inefficient, and puts the means of governance out of the reach of the poor or poorly connected by arbitrarily increasing the transactional cost of governing."

Arbitrary isn't the best trait of ruler, but if you judge everyone justly it would cause more turmoil. Why not use corruption to ensure safety of loyal and influential people and depose traitors(even if they didn't deserve). Corruption won't give you ability to thrive in economy, but if you can regulate it then be sure that corrution will benefit governments.