¹ John T. Noonan, Jr., Bribes: The Intellectual History of a Moral Idea (1984).

² Stephen F. Black & Roger M. Witten, Complying with the Foreign Corrupt Practices Act 2-3 (forthcoming 1997).

³ Pub. L. No. 95-213, 91 Stat. 1494 (1977).

⁴ International Chamber of Commerce, Extortion and Bribery in Business Transactions, 131st Sess. (Nov. 29, 1977) [hereinafter 1977 ICC Report].

⁵ Id. art. 11.

⁶ Bylaws adopted by the 132d session of the Council of the ICC, June 20, 1978, and incorporated as Part IV of the 1977 ICC Report, supra note 5 [hereinafter Bylaws].

⁷ Article 5 provides in substance that the Panel may, upon the request of any member or national committee of the ICC or of any other enterprise or public authority which, in the opinion of the Panel, has a bona fide commercial or other legitimate interest, examine any alleged infringement of the Rules of Conduct by any party, including nonmembers of the ICC and any public authority or official thereof. Id. art. 5.

⁸ Id. art. 4; 1977 ICC Report, supra note 5, at Part IV, art. 1.6.

⁹ Draetta, Ugo, The European Union and the Fight against Corruption in International Trade, 6 Revue de Droit des Affaires Internationales/Int’l Bus. L. J. (RDAI/IBLJ) 713 n.l (1995)Google Scholar. Draetta maintains that the 1977 ICC Report has not been followed on a large scale. See also Black & Witten, supra note 3, ch. 9, at 5: “[T]here is no evidence that the ICC Rules of Conduct had any tangible impact on international practices.”

¹⁰ In a number of instances, the Executive Board of the ICC had to intervene in the workings of the Panel. “ 1977 ICC Report, supra note 5, pt. III, Introduction, para. 5.

¹² See 1977 ICC Report, supra note 5, Foreword: “In some countries, corruption does not appear to constitute a fundamental problem in business or political life. In other countries, corruption appears to be almost so common as to have been accepted as a way of life which the national authorities seem unable or lack the political will to overcome.”

¹³ The following counties sent delegates: Austria, Belgium, Canada, France, Israel, Mexico, the Netherlands, Spain, Sweden, Switzerland, the United Kingdom and the United States.

¹⁴ International Chamber of Commerce, Extortion and Bribery in International Business Transactions, Exec. Bd., 83rd Sess. (Mar. 26, 1996).

¹⁵ I refer here to the difficult question of “facilitating payments.” Certain members of the Committee have expressed the view that the paragraph of the Report on that subject brought an element of ambiguity into the document and thereby contradicted the categoric statements made in the Rules. International Chamber of Commerce, The 1995 ICC Retort on Extortion and Bribery in Business Transactions (report of Antonio Argandona, member of the Ad Hoc and Standing Committee).

¹⁶ The Role of the ICC In Combating Extortion and Bribery (Nov. 6, 1996) (presentation of Fritz F. Heimann at the Paris Meeting of the OECD Working Group on Bribery in International Business Transactions).