Automatic Cross-Debarment: A Comparative Discussion

As readers of the FCPA Blog know, the U.S. federal government has traditionally cross-debarred contractors across the federal government — once a contractor is debarred by one agency, that contractor is automatically debarred by all. Similarly, since 2010, the Multilateral Development Banks (MDBs) have had a cross-debarment agreement in place, providing for the mutual enforcement of debarment decisions with respect to the four harmonized sanctionable practices, i.e. corruption, fraud, coercion, and collusion.

But what if the U.S. Government considered automatically debarring contractors debarred by one of the MDBs? Or the MDBs debarred contractors blacklisted by other countries? Is such harmonization possible despite the significant differences among the various sanctions regimes?  

As the World Bank undertakes a review of its sanctions system, it will consider how debarment officials should handle debarments delivered in other jurisdictions — should they defer, and give other jurisdictions’ debarment automatic effect? If so, will automatic debarment be fair?

On October 22nd, The George Washington University Law School will address these questions during a program featuring leading debarment experts: Automatic Cross-Debarment: A Comparative Discussion. This event is open to the public and registration information is provided below. 

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Jessica Tillipman is a Senior Editor of the FCPA Blog.  Follow her on Twitter at @JTillipman

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