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Article
Publication date: 5 May 2015

John Coogan, Elizabeth Lin Forder, Jelena Madir, Norbert Seiler and Clare Wee

This paper aims to analyse sanctions regimes of multilateral development banks and to examine some of the topical issues surrounding sanctioning practices of these institutions…

1117

Abstract

Purpose

This paper aims to analyse sanctions regimes of multilateral development banks and to examine some of the topical issues surrounding sanctioning practices of these institutions. Under the Agreement for Mutual Enforcement of Debarment Decisions (the “Mutual Enforcement Agreement”), sanctions covering the sanctionable practices that are imposed and made publicly available by any participating MDB may be enforced by other participating MDBs. This dramatically amplifies the impact of debarment decisions taken by any one of the participating MDBs, while affirming the MDBs’ commitment to combating the sanctionable practices. Consequently, companies will need to invigorate their procedures with a view to managing their risks not only in relation to national legislation, but also in relation to the MDBs’ sanctioning frameworks, which have much broader geographic scope than that of national legislation. This paper first provides an overview of the tenets established by the Mutual Enforcement Agreement. Further, as all MDBs maintain their own sanctions mechanisms, the paper analyses individual sanctions regimes of the WBG, EBRD and ADB. The paper then describes the types of sanctions that may be imposed by MDBs and examines some of the challenging issues surrounding the banks’ sanctions practices.

Design/methodology/approach

This paper draws on the experience of senior lawyers who were intimately involved in the set-up of the sanctions regimes at the World Bank, the International Finance Corporation, the EBRD and the ADB and are currently involved in the work of sanctions boards at their respective institutions.

Findings

Companies and individuals dealing with MDBs should be aware of the fact that, as a result of the Mutual Enforcement Agreement, the profile of MDBs’ fraud and corruption cases has been raised significantly and could result in global sanctions for prohibited practices in a single country. Consequently, a company engaging in a prohibited practice in its business dealings with one MDB might find itself unable to obtain financing from the four other MDBs participating in the Mutual Enforcement Agreement, and furthermore its debarment would be published by all five participating MDBs (subject to the above-described limitations of ADB’s publication regime). As MDBs continue to develop their sanctions regimes, greater harmonisation among sanctions processes is to be expected and companies doing business with MDBs should, at the very minimum, ensure that their compliance and ethics programmes are up to date, both as a preventative measure or, if wrongful actions have already taken place, as a means of mitigating the severity of possible sanctions.

Originality/value

A lot has been written about the consequences of criminal convictions for bribery and other corrupt practices. However, much less attention has been paid to the evolution of anti-corruption policies and procedures which have been developed by a group of leading MDBs. In fact, for many corporates, sanctions regimes of MDBs remain unchartered territory, even though these sanctions proceedings can have far-reaching business consequences. This paper will, therefore, be of interest to all companies directly or indirectly involved with MDB-financed projects, as they need to be alert to the scope of MDB sanctions proceedings and the wide-ranging adverse business consequences that may result from any enforcement action.

Article
Publication date: 1 March 1972

FRED R. BAHR

There is a growing need for integrative concepts that can assist in organizing and making information responsive to the data demands of individuals in the contemporary industrial…

Abstract

There is a growing need for integrative concepts that can assist in organizing and making information responsive to the data demands of individuals in the contemporary industrial setting. Recent investigations and technological advances offer encouragement that this requirement can be met. One such response may well embrace both cybernetics and systems rationale. The essential tool that will be used in the translation of this approach to practical communicative and control techniques is the electronic computer.

Details

Kybernetes, vol. 1 no. 3
Type: Research Article
ISSN: 0368-492X

Article
Publication date: 3 August 2015

Wolfgang Messner and Norbert Schäfer

The cultural dimensions of the Hofstede and Global Leadership and Organizational Behavior Effectiveness (GLOBE) studies are often used to capture cultural differences and…

Abstract

Purpose

The cultural dimensions of the Hofstede and Global Leadership and Organizational Behavior Effectiveness (GLOBE) studies are often used to capture cultural differences and operationalize them in academic research, corporate business, and teaching. The purpose of this paper is to investigate if this context is appropriate for the Indian information technology (IT) offshore services industry; that is, if Indian culture can be measured with group-referenced items, averaged, and explained by discrete dimensions.

Design/methodology/approach

The authors devised items based on the GLOBE study, and conducted empirical research with 291 employees of two services sourcing providers in Pune and Bangalore, India. The authors then scrutinized the data set on item and dimension level using statistical methods, such as interrater agreement, t-test, arithmetic mean, and standard deviation.

Findings

An interpretation of the analysis posits that cultural assumptions based on dimensions and means are problematic in the context of the Indian IT offshore services industry. The two digit exact values of the GLOBE study (and similarly the ordinal scale by Hofstede) suggest a level of accuracy and absoluteness which could not be replicated in the empirical research. Therefore, one authors should be very careful referring to Indian national culture when conducting intercultural awareness programs and coaching international teams who are engaging with India.

Originality/value

The GLOBE study omits to report basic statistics of questionnaire development. Through this replication study in India, the authors provide empirical evidence that the construct validity of cultural dimensions and the concept of national/group averages may be flawed.

Details

South Asian Journal of Global Business Research, vol. 4 no. 2
Type: Research Article
ISSN: 2045-4457

Keywords

Article
Publication date: 29 May 2009

Ingrid Nappi‐Choulet, Franck Missonier‐Piera and Marion Cancel

The purpose of this paper is to investigate the impact of corporate real estate (CRE) ownership on value creation for non‐financial French listed companies.

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Abstract

Purpose

The purpose of this paper is to investigate the impact of corporate real estate (CRE) ownership on value creation for non‐financial French listed companies.

Design/methodology/approach

Using a pool sample composed of SBF 250 companies over the period 1999‐2004, this paper investigates the association between economic value added (EVA) and market value added (MVA) as proxies for the value generated by French listed companies and the proportion of real estate in their asset portfolio.

Findings

The empirical results show that an increase in the proportion of real estate assets (over total assets) is negatively associated with EVA, but only for firms in service industries exhibiting low real estate intensity. The regression on MVA shows a negative association with the increase in the proportion of real estate for firms outside the service industries.

Research limitations/implications

Recent trends show that many large companies have sold a significant portion of their CRE assets. The underlying motives for such behaviour are yet to be examined (at least for the French context). If real estate has any influence, an association should be observable between proxies of value creation and the change in the proportion of real estate assets, owned by a company. The results suggest that sales of CRE assets may be driven by value maximizing behaviour.

Practical implications

In order to maximize the value of their firm, managers should apparently take value creation into consideration in their decisions to invest in or dispose of real estate assets.

Originality/value

The paper suggests that in a French context, CRE disposals may generate value added in certain industries with specific CRE intensity.

Details

Journal of Corporate Real Estate, vol. 11 no. 2
Type: Research Article
ISSN: 1463-001X

Keywords

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