Search results

The Australia–China business relationship is immensely important for the economic prosperity and living standards of both the countries. There are major differences in business culture between the two countries – Australia from the Global South with Anglo Imperial business traditions and practices, compared with the fast-developing economic might of China, the largest country by population and economic scale in the Far East. China is currently experiencing a crackdown on corruption under President Xi Jinping which started in 2012. Gift giving, guanxi (significant relationships), bribery and corruption are some of the biggest business relationship management issues between Australia and China. Appropriate gift giving and guanxi are distinguished here from bribery and corruption. Guanxi has been associated in the business and academic literature with deterioration in business ethics practices, including bribery and corruption – however, the literature also notes that this does not need to be the case. Following a review of the institutional setting and the literature here, a series of research propositions are developed that provides a framework within the whole ethics of governance regime for a corporation to manage bribery and corruption challenges for corporations. This framework can be used for Australian Stock Exchange, Hong Kong Stock Exchange listed companies which have legal systems parented in the United Kingdom; elements of the model may be useful in the China business setting.

The purpose of this paper is to examine the implications of foreign bribery and perceptions that bribery is just a cost of doing business in Africa in light of recent reports and developments in the global attempt to curb bribery and corruption.

The research relied on primary data from anti-corruption legislation, surveys and monitoring reports and secondary data from publicly available information, journal articles and media reports to analyse recent developments in the fight against corruption with a special focus on Africa.

The research findings and analysis suggest that foreign bribery, which is illegal but largely carried out with impunity and perceived as a just a cost of doing business in Africa, has heavy costs on developing nations and on corporations and individuals that are prosecuted. Although much has been done to curb corruption, it seems active enforcement takes place in only a limited number of countries. There is still the need for enhanced enforcement by nations, increased societal awareness of effective measures against corruption and improved corporate compliance and responsibility.

The paper contributes practical insights into improvements and lapses in the fight against foreign bribery and corruption. Using recent and relevant analysis, the paper revisits the resilience of bribery and corruption in spite of increased anti-corruption actions and the need for multiple and varied measures. The information provided will be useful for governments, corporations and civil society in the fight against corruption, which requires constant multilateral action and examination.

This article aims to examine some of the implications of the UK Bribery Act (UKBA) 2010 for business in Africa and reviews the effectiveness of strategies African governments have adopted to prevent bribery. The author proposes the development of a bespoke anti-bribery management system (ABMS) based on empirical research. This would help African institutions overcome some of the challenges associated with enforcing regulatory measures formulated in developed countries.

The paper takes the form of a literature review and commentary.

The UKBA has extra-territorial jurisdiction which empowers UK courts to prosecute cases of bribery committed abroad by UK companies and their associates. The risk of prosecution is likely to affect foreign direct investment and official development aid flows to Africa. However, companies can escape prosecution if they can prove that they have adequate procedures in place to prevent bribery. This raises the question as to whether the legislation shifts the responsibility of fighting bribery to under-resourced overseas business partners and supply chains. While most African governments have adopted robust anti-bribery laws, their enforcement is hampered by weak institutions.

Empirical research is required to assess the impact of the legislation over the next five years.

African organisations must be sensitised about the consequences of violating the UKBA to ensure they adopt appropriate anti-bribery strategies.

This article contributes to literature by exploring the development of evidence based ABMS for African organisations which is currently lacking.

This study aims to analyse Rolls-Royce’s (RR) recent corruption case, its 2017 global anti-bribery and corruption (ABC) manual, and its 2017 annual report to assess whether it has put the best corruption prevention strategies into place.

This is a legal case study based on RR’s 2017 deferred prosecution agreement (DPA) with the UK serious fraud office. It uses the new ISO 37001 standard as a theoretical framework.

RR’s DPA suspends an indictment covering 12 counts of conspiracy to corrupt, false accounting and failure to prevent bribery. RR’s ABC manual exhibits significant shortcomings as compared to ISO 37001’s requirements. RR’s ABC manual does not provide any reference to the setting, reviewing and achievement of measurable anti-bribery objectives; does not state that anti-bribery training is provided at planned intervals to employees and external business associates that pose more than a low risk of bribery; does not explain the authority and independence of its head of ethics and compliance; does not state any maximum for gifts and hospitality given or received; does not provide clear assurances that reports made through its main internal channels will be treated confidentially and that complaints about senior management will be investigated by an outside firm; and does not subject its advisers to a formal due diligence process. RR’s annual report notes that it operates in an industry prone to corruption. Finally, internal control failure and compliance fatigue mean that no anti-bribery management system can be completely effective.

This paper extends previous research by analysing the best corruption prevention strategies that organizations can implement. It does not endeavour to certify whether RR is ISO 37001 compliant, and it analyses only publicly available documents.

This study’s prevention strategies will help deter corruption and improve internal controls within organizations.

No previous study has used the new ISO 37001 standard as a framework for such corruption case analysis.

The aim of this paper is to see how senior managers in Middle East, an area frequently associated with high levels of bribery and corruption, tackle these in their organisations.

A qualitative approach was employed, using interviews with 66 employees responsible for bribery and corruption management in their organisations. The research instrument used included both open and closed questions which allowed participants to expand on their answers. Qualitative data and some descriptive statistics are used to analyse and summarise interview findings.

Over the past few decades, governments have tried to control bribery and corruption via legislation. However, this is a contested area and many argue that legislation is an inappropriate mechanism. This paper assesses the implications in one geographical area, the Middle East. As well as exploring current approaches for tackling corruption, it discusses how culture and tradition affect organisational practices. We show that whereas the majority of organisations have been committed to stamping out bribery and corruption, some have been willing to tolerate such illegal behaviours.

This paper informs academics, policy-makers and those responsible for managing bribery and corruption about the challenges faced by those in the Middle East.

This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries.

It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement.

This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption.

In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries.

Assist to continue efforts to deter corruption.

No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

The purposes of this paper are to organize historical, solved questions and recent, unsolved questions in a coherent, progressive way; explore the key question to be answered under this systematic framework; and reflect on an alternative analytical perspective to the current “problem-solving-oriented” approach. Transnational bribery regulation, with the Organization for Economic Co-operation and Development (OECD) Anti-Bribery Convention as the central governing legal instrument, is on the top agenda of international governance. However, its complex nature makes theoretical viewpoints on this topic rather fragmented. This fragmentation is used to help understand the wisdom of the Foreign Corrupt Practices Act (FCPA) approach in the early years. However, as the FCPA approach was internationalized and evolves to its current phase, in which individual inquiries become path-dependent and interdependent, the fragmentation causes more confusion than makes contribution.

Sections 2 and 3 retrospect the historical trajectory of academic research on the global regulation of transnational bribery, systemizes relevant theoretical insights and illustrates how people’s understandings of the wisdom of the FCPA approach in early years affect their evaluations of the effect of the OECD Anti-Bribery Convention in the contemporary era. Given that, at present, the most popular viewpoint is that the Convention is “ineffective”, Section 4 systemizes the diverse causal attributions of the “problem” in current academic literature, sorts out the roots causes and points out the key question for the next step forward under the version of the “problem-solving-oriented” analysis. Section 5 has a reflection on the inherent limitation of a “problem-solving-oriented” approach for our understanding of the effects of the Convention.

Under the version of a “problem-solving-oriented” approach, the key question to be solved is how to establish a mechanism to cope with the surreptitious nature of transnational bribery and the self-sacrificed nature of the FCPA-style approach simultaneously. The popular “problem-solving-oriented” approach has an inherent limitation to create new knowledge on the multilateral anti-bribery collaboration. A reality-based, historical analytical perspective is a good alternative to it.

The paper presents a personal, original organization of the conventional theoretical insights to the operation of the global anti-bribery collaboration and the underlying logics of these viewpoints. The paper also presents the author’s personal analysis of the “technical omission” and “inherent limitation” of a problem-solving-oriented approach to analyze the performance of the global anti-bribery collaboration, and the power of a historical analytical perspective as an alternative.

Purpose – This chapter examines the corporate social responsibility (CSR) of international businesses to combat commercial and governmental corruption. The focus is on multinational enterprises (MNEs) as key business actors globally.Design/methodology/approach – The methodology of the chapter is a combination of literature review, summary of international anticorruption accords, and analysis of available data sources. The literature review is not a systematic survey of academic literature but rather citation of key works bearing on the chapter's purpose. Greater emphasis rests on anticorruption accords and data sources to provide practical guidance to business managers and public officials.Findings – Corruption is global and ubiquitous although varying markedly by country and industry. Corruption occurs in multiple forms such as bribery, entertainment, extortion, facilitating payments, favors, gifts, gratuities, and travel. International anticorruption accords now constitute a formal global norm against bribery and extortion in commercial or governmental transactions. Economic and political costs of corruption are high. Active national enforcement is gradually increasing.Practical implications – The needed corporate policy is not to pay bribes, large or small, in any form for any reason. Such policy will in future extend to prohibit even minor facilitating payments. Businesses should define and enforce broadly applied anticorruption norms. The chapter cites key examples of prosecutions and anticorruption efforts.Originality/value of chapter – This chapter marshals available information from literature, anticorruption accords, and corruption data sources. The chapter is intended to be a useful guide for business managers and public officials.

Drawing from institutional theory and organizational learning perspectives, the purpose of this paper is to examine how social norms of corruption in home countries and those in host localities influence firm bribery behavior. It also investigates factors that moderate the influence of these norms.

The study is based on survey data of foreign invested firms (FIFs) in Vietnam, conducted by the Vietnam Chamber of Commerce and Industry between 2010 and 2018 along with Transparency International’s Corruption Perception Index. The authors run ordinary least squares regressions to test the hypotheses.

The study provides evidence that social norms of corruption in both home countries and host localities influence firms’ bribery behavior, but their effects are moderated by different sets of factors. Specifically, the use of local leadership augments the impact of the host province’s corruption norms on the firm’s bribe payments. By contrast, the relationship between the home country’s corruption norms and a FIF’s bribe payment is weaker if local leadership is used, and stronger if the FIF’s home country belongs to the Organization for Economic Co-operation and Development.

Repeated cross-sectional data do not allow us to genuinely keep track of the changing roles of home country and host province corruption norms over time. In addition, the use of perception measures for corruption norms is subject to potential biases.

As the hiring of local executives weakens the impact of the home country’s norms which are embedded in the MNCs’ general practices, a stronger learning measure and regular review of the headquarters’ policies and practices is needed to ensure the overseas branch’s compliance. For policymakers, it is critical to recognize that local corruption plays a role in shaping FIFs’ bribery behavior.

While the effect of social norms of corruption on firm bribery behavior has been recognized, to the best of the authors’ knowledge, this is the first study that examines the learning processes FIFs may take to make sense of and cope with these norms, and also the first one to specify factors that moderate the influence of these norms.