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2 major contexts to apply mitigation incentives • There are two main contexts in which mitigation incentives can be applied: Mitigation incentives Context 1: Before violation of anti-corruption standard is known to stakeholder e.g.: company self-discloses violation of anticorruption standards (reporting) to stakeholder Context 2: After violation of anti-corruption standard is known to stakeholder e.g.: company cooperates and enhances its internal anti-corruption system ‣ Detects otherwise undiscovered corrupt behavior ‣ Prevents from driving problems under ground (i.e. break pact-of-silence) ‣ Offers ways back to legality, etc ‣ Motivate companies to enhance their internal anti-corruption systems ‣ Motivate business proactive engagement with stakeholder ‣ Recognize existence of ‘rogue employees’ , etc *Mitigation incentives are no ordinary incentives as they require a (threatened) sanction which can be reduced by the company through mitigating factors 6
Example for context 1 • US Sentencing Guidelines acknowledge self-reporting by companies in the calculation of the culpability score (example: Pride International received 55% reduction of fine due to self reporting and cooperation) Sources: http://www.ussc.gov/Guidelines/2011_guidelines/Manual_HTML/Chapter_8.htm and http://www.justice.gov/criminal/fraud/fcpa/cases/pride-intl.html 7
Page 1 and 2: HUMBOLDT-VIADRINA School of Governa
Page 3 and 4: Roles of different stakeholders Bus
Page 5: A combined approach Purpose: Provid
Page 9 and 10: Categorizing anti-corruption sancti
Page 11 and 12: Findings from a global expert surve
Page 13 and 14: Questions? 13
Page 15 and 16: Appendix 15

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