Bribery Acceptance of corruption has risen in the last decade or so and ethical conduct of those elected or appointed to the positions of power has become a central concern for most if not all societies. Unethical behavior, such as corruption, destroys public confidence and trust in government. One of the most famous business ethics cases of the seventies was the Lockheed payments scandal in Japan (Boatright, 2003). It involved major companies as well as political figures in staggering sums of money. Eventually it led to the United States' "Foreign Corrupt Practices Act In brief the FCPA law states that: It shall be unlawful for any issuer which has a class of securities registered pursuant to section 78l of this title or which is required to file reports under section 78o(d) of this title, or for any officer, director, employee, or agent of such issuer or any stockholder thereof acting on behalf of such issuer, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to any foreign official for purposes of influencing any act or decision of such foreign official in his official capacity, inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or securing any improper advantage; or inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality. The FCPA prohibits paying, offering, promising to pay (or authorizing to pay or offer) money or anything of value. Violations Some of the prohibition laws of corruption are ambiguous. The paying of a commission is apparently the least troublesome resource transfer. Morally, it is embedded in a freely undertaken and fair contract framework and represents remuneration in a transaction of mutually beneficial exchange. As a type of action the ends sought, means taken and consequences, which arise, are usually justified in terms of instrumental values (efficiency, utility) and self-interest. Such an action is only morally correct if it is consistent with fundamental values of justice and basic moral virtues and vice versa. Furthermore, the intentions of the parties must be honorable and neither their consciences nor freedom are impaired. However, all of this can be easily corrupted. Values of self-interest can be transformed into raw selfishness and expediency replaces justice. Some would argue that commissions have become the favorite form of bribery in the United States, because they offer the cover of legality. For example, one US code states that federal regulators may be offered complimentary donuts and coffee, but that they must pay for their own sandwiches. The law conflicts with other cultural values. Giving a gratuity, such as a tip, is a bit more difficult to analyze. In foreign countries to approach someone and bring nothing is unusual. Gift giving forms part of a larger picture: belonging to a network of personal relationships and nurturing such relationships and strengthening the trust, caring, and commitment between the parties. In day-to-day business, sometimes these realities lead to patterns of choice and the determination of priorities that are expressed in concrete deeds, such as favoring in commercial deals those people with whom one has close relationships. Then that’s wrong but if it brings business that in turn employs local community and improves the lifestyle of those people, then I don’t see anything wrong with that. If giving a gift unselfishly expresses gratitude - a bonus for a job well done and performance exceeding expectations - it is a sign of generosity and esteem for the other. However, Tipping may in fact, mask either bribery or extortion like forced tipping. The tipee extorts extra payments for a service. In the end, the overall analytical framework of values and consequences remains ambiguous. As with commissions, the phenomenon of giving gratuities can either be morally up. In giving gratuities, people may respond immediately that there is both a commonly known socio-cultural expectation and approval of tipping in general. In that sense it represents a suitable means to a good end with beneficial consequences. It may be considered both a "right" type of action as well as a "good" action in the context of a particular tip. So where does the law draw the line? In doing business abroad, a manager needs to gather and correlate such cultural information and its supporting ethical data in ways that make sense and render it usable. U.S. organizations are more rule-based, closely following formal rules and regulations rather than "following relationships." Control mechanisms in the former tend to be more cooperative and based on personal trust, and incentives take forms that emphasize loyalty and security. In the West, control is often more conflictive and regulatory, with incentives based upon individual achievement and merit. So there is a concept of individualism versus group identity. In the West people often define themselves as standing out from the group, emphasizing individual creativity, achievement, reward and status. In counties like China people are more at caution to define their place within a group. This becomes more evident when applying the cultural process to doing business in China. Many of the laws mention different cultural perceptions of corruption and the problem of common bribery. Despite the definitional problems, a large number of businesses have made public commitments in this area and other organizations such as NGOs and business associations have issued code of conduct that mention bribery. In analysis of the texts, a code is scored as a bribery code if it mentions money transactions, political contributions, gift giving, or entertainment. These laws have shown that firms use different approaches to implementation, depending on the ethical issues they address -- there is no “one size fits all” for corporate compliance systems. However, firms show considerable agreement as to the “choice of weapons” in the fight against bribery. This emerging consensus may facilitate the growth of standardized management systems for dealing with bribery and corruption issues. Reference: Boatright, John R. (2003). Ethics and The Conduct of Business. Upper Saddle River: Prentice Hall Foreign Corrupt Practices Act Ant-bribery Provisions http://www.bisnis.doc.gov/bisnis/fcp1.htm Gordon, Kathryn (2001). No Longer Business as Usual. OECD CODE |
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