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FAKULTI PENDIDIKAN DAN BAHASA
SEMESTER / TAHUN
MEI / 2013
NO. MATRIKULASI NO. KAD PENGNEALAN NO. TELEFON E-MEL
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800421065431001 800421065431 0199054513 firstname.lastname@example.org PAHANG LEARNING CENTRE
PUSAT PEMBELAJARAN :
giving. object of value. 2000. or merely a promise or undertaking to induce or influence the action. pl. preferment. receiving. right in action. 1998. brib·er·ies The act or practice of offering. The bribe is the gift bestowed to influence the recipient's conduct. In economics. Updated in 2009. privilege. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering. or influence of a person in an official or public capacity. Definition of Bribery brib·er·y n. Fourth Edition copyright ©2000 by Houghton Mifflin Company. Bribery in bureaucracy has been viewed as a reason for the higher cost of production of goods and services. good. It may be any money. advantage. or taking a bribe. 1994. The American Heritage® Dictionary of the English Language. vote. or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. 2003 . bribery [ˈ braɪbərɪ] n pl -eries the process of giving or taking bribes Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991. giving. property. emolument. Published by Houghton Mifflin Company.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 Bribery Bribery is an act of giving money or gift giving that alters the behavior of the recipient. the bribe has been described as rent. All rights reserved.
kickback/payback. pl. free ad. sop. the act or practice of giving or accepting a bribe. waived fee/ticket. is considered bribery in some societies. gift. fundraiser. [1350–1400. campaign contribution. higher paying job. provided they adhere to election law. in Arab countries they are Baksheesh or Bakshish. funding. perk. lucrative contract. One must be careful of differing social and cultural norms when examining bribery. sweetheart deal. inflated sale of an object or property. free tickets. a . Political campaign contributions in the form of cash. Forms of bribery Many types of bribes exist: tip. the expression "dessous-de-table" can be often understood as a commonly accepted business practice (for instance. on the occasion of a real estate transaction before the notary. for example. secret commission. Middle English < Middle French] Random House Kernerman Webster's College Dictionary. Bakshish is more akin to tipping. for example. In some Spanish-speaking countries. free trip. discount. bribes are referred to as "mordida" (literally. free food. favor. 1997. stock options. © 2010 K Dictionaries Ltd. 1991 by Random House.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 brib•er•y (ˈ braɪ bə ri) n.. Copyright 2005. All rights reserved. However. are legal. Expectations of when a monetary transaction is appropriate can differ from place to place. sponsorship/backing. Inc. While the last two expressions contain inherently a negative connotation. Tipping. French-speaking countries often use the expressions "dessous-de-table" ("under-the-table" commissions). "wine-pot"). donation. while in the United States. -er•ies. "bite"). or "commission occulte" ("secret commission" or "kickback"). "pot-de-vin" (literally. or promotion (rise of position/rank). while in others the two concepts may not be interchangeable. skim. are considered criminal acts of bribery in some countries.
the briber might hold a powerful role and control the transaction.) Bribers and recipients of bribery are likewise numerous although bribers have one common denominator and that is the financial ability to bribe. needless to say. As indicated on the pages devoted to political corruption. offering or giving by any person. . although this is better known as extortion. where a person invested with power is induced by payment to use it unjustly. Euphemisms abound for this (commission. a motorist might bribe a police officer not to issue a ticket for speeding. (article 2 of the Criminal Law Convention on Corruption (ETS 173) of the Council of Europe). Passive bribery can be defined as the request or receipt [by any public official]. a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. for himself or herself or for anyone else. From a legal point of view. active bribery can be defined for instance as the promising. In German. The offence may be divided into two great classes: the one. active and passive bribery. a profit made by an agent. efforts have been made in recent years by the international community to encourage countries to dissociate and incriminate as separate offences. without the knowledge of his principal. sweetener. The forms that bribery take are numerous. of any undue advantage [to any public official]. Likewise. to act or refrain from acting in the exercise of his or her functions (article 3 of the Criminal Law Convention on Corruption (ETS 173)). directly or indirectly. kick-back etc. or the acceptance of an offer or a promise of such an advantage.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 partial payment made between the buyer and seller. For example. the other. the common term is Schmiergeld ("smoothing money"). Bribery may also take the form of a secret commission. a bribe may be effectively extracted from the person paying it. for himself or herself or for anyone else. directly or indirectly. Bribery around the world is estimated at about $1 trillion (£494bn). of any undue advantage. where power is obtained by purchasing the suffrages of those who can impart it. in the course of his employment. for him or her to act or refrain from acting in the exercise of his or her functions. this is a good way to launder money). or in other cases.
ZAARI BIN MOHAMAD 800421065431001 OUMM3203 The reason for this dissociation is to make the early steps (offering. However. to give a clear signal (from a criminal policy point of view) that bribery is not acceptable. in 1996. such bribes are considered tax-deductible payments. thus. Government A grey area may exist when payments to smooth transactions are made. such a dissociation makes the prosecution of bribery offences easier since it can be very difficult to prove that two parties (the bribe-giver and the bribe-taker) have formally agreed upon a corrupt deal. the majority of the OECD countries which are signatories . Since that time. very basically. Besides. Besides. United States law is particularly strict in limiting the ability of businesses to pay for the awarding of contracts by foreign governments. this allows payments to officials in order to obtain the performance of ministerial acts which they are legally required to do. this practice is the norm. however. This was followed by the signing of the AntiBribery Convention. most economists regard bribery as a bad thing because it encourages rent seeking behaviour. but may delay in the absence of such payment. In some countries. often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. A state where bribery has become a way of life is a kleptocracy. Nevertheless. for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to the decision maker to obtain a favourable decision. the Foreign Corrupt Practices Act contains an exception for "grease payments". requesting an advantage) of a corrupt deal already an offence and. Tax treatment of bribes The tax status of bribes is an issue for governments since the bribery of government officials impedes the democratic process and may interfere with good government. the OECD Council recommended that member countries cease to allow the tax-deductibility of bribes to foreign officials. in an effort to discourage bribery. In some countries. promising. there is often no such formal deal but only a mutual understanding.
For example. though it is sometimes referred to as the money loop. that is a specific amount of money . or in anticipation of favorable policy. dentists in a television commercial will often state that they get these samples but pay to use the sponsor's product. The American Medical Association has published ethical guidelines for gifts from industry which include the tenet that physicians should not accept gifts if they are given in relation to the physician’s prescribing practices. patients may use bribery to solicit the standard expected level of medical care. somewhat ironically. This is not illegal in the United States and forms a major part of campaign finance. Dentists often receive samples of home dental care products such as toothpaste. in many formerly Communist countries from what used to be the Eastern Bloc it may be customary to offer expensive gifts to doctors and nurses for the delivery of service at any level of medical care in the non-private health sector. Doubtful cases include grants for traveling to medical conventions that double as tourist trips. Medicine Pharmaceutical corporations may seek to reward through gifts doctors for heavy prescription of their drugs. which are of negligible value. Politics Politicians receive campaign contributions and other payoffs from powerful corporations. sending the message that bribery will no longer be tolerated in the operations of the government.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 of the convention have revised their tax policies according to this recommendation and some have extended the measures to bribes paid to any official. In countries offering state-subsidized or nationally funded healthcare where medical professionals are underpaid. Convictions for this form of bribery are more easy to obtain with hard evidence. organizations or individuals in return for making choices in the interests of those parties.
since evidence of a quid pro quo relation difficult to prove. "secret commissions".ZAARI BIN MOHAMAD 800421065431001 OUMM3203 linked to a specific action by the bribed. Contracts based on or involving the payment or transfer of bribes ("corruption money". "kickbacks") are void. known as a White Glove. The disruption may cause losses to the firm that exceed the amount of money to pay off the official. custom officials may harass a certain firm or production plant. For example. in 2006. for example. managers. Bribing the officials is a common way to deal with this issue in countries where there exists no firm system of reporting these semi-illegal activities. or salespeople of a business may offer money or gifts to a potential client in exchange for business. In some cases where the system of law is not well-implemented. See also influence peddling and political corruption. may be involved to act as a clean middleman. halting production or stalling other normal activities of a firm. Such evidence is frequently obtained using undercover agents. German prosecutors conducted a wide-ranging investigation of Siemens AG to determine if Siemens employees paid bribes in exchange for business. "pots-de-vin". Specialist consultancies have been set up to help multinational companies and small and medium enterprises with a commitment to anti-corruption to trade more ethically and benefit from compliance with the law. Business Employees. In the case. bribes may be a way for companies to continue their businesses. . A third party. officially stating they are checking for irregularities.
Athletes themselves can be paid to under-perform. where the French judge in the pairs competition voted for the Russian skaters in order to secure an advantage for the French skaters in the ice dancing competition. gifts. bribes may be offered by cities in order to secure athletic franchises. . as happened with the 2002 Winter Olympics. Additionally. Sport corruption Referees and scoring judges may be offered money. a survey conducted by auditing firm Ernst & Young (EY) in 2012 found that 15 percent of top financial executives are willing to pay briberies in order to keep or win business. In addition. A new paper by Raghavendra Rau of Cambridge University and Yan Leung Cheung and Aris Stouraitis of the Hong Kong Baptist University examines 166 high-profile cases of bribery since 1971. measured by the jump in stockmarket value when the contract was won. This alarming indifference represents a huge risk to their business. A well-known example of this manner of bribery in sport would be the 2002 Olympic Winter Games figure skating scandal. given their responsibility. America's Department of Justice found similarly high returns in cases it has prosecuted. covering payments made in 52 countries by firms listed on 20 different stockmarkets. better known as the Black Sox Scandal. tax benefits. or even competitions. A classic example of this was the 1919 World Series. It is common practice for cities to "bid" against each other with stadiums. The Economist noted: Bribery would be less of a problem if it wasn't also a solid investment. or other compensation to guarantee a specific outcome in an athletic or other sports competition. and licensing deals to secure or keep professional sports franchises. Another 4 percent said they would be willing to misstate financial performance. generally so that a gambler or gambling syndicate can secure a winning bet. Bribery offered an average return of 10-11 times the value of the bung paid out to win a contract.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 In 2012.
To ensure respect for a program. what they can do is provide evidence that they did their best to prevent it. International best practices such as the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions. Another reason for businesses to undergo external verification of their bribery prevention programs is that it means evidence can be provided to assert that all that was possible was done to prevent corruption. external verification is necessary. the ISO 26000 norm (section 6. Companies are unable to guarantee corruption has never occurred.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 Finally. But programs of prevention need to be properly designed with international standards of best practice. or even administer a sedative or amphetamine (known as "horse doping" in order to make a horse faster or slower to respectively increase or reduce their chances of winning).3) or TI Business Principles for Countering Bribery are used in external verification processes to measure and ensure that a program of bribery prevention works and is consistent with international standards. Annex 2.6. elements of the game may be tampered with – the classic example being from horse racing. American Vice President who resigned from office in the aftermath of discovery that he took bribes while serving as Governor of Maryland . Notable instances of bribery Spiro Agnew. in some sports. or attempt to "hop up" a long shot in an attempt to collect big winnings by betting on the heavy odds against it. where a groom or other person with access to the horses before the race may be bribed to over-feed an animal. whether it be on the part of employees or business partners. Bribery prevention International businesses are looking to implement strong local programs dedicated to the prevention of bribery. and ensure that the favorite has an "off day". Another type of bribery done for financial gain through gambling is to bet against a clear favorite.
000 from Charles Taylor.S.4 million in bribes and underreporting his income for 2004. Notable instances of rejected bribery Harry Reid rejected a bribe of $12. Umoh Sunday Etim rejected a bribe of $450. former New York Supreme Court Justice. John Jenrette. federal judge convicted of accepting bribes Pakistan cricket spot-fixing controversy. John B. convicted of accepting bribes to manipulate outcomes of divorce proceedings. former American politician convicted of accepting a bribe in the FBI's Abscam operation Martin Thomas Manton. former Michigan governor and justice of the Michigan Supreme Court was acquitted of accepting a bribe. former U. Pakistani cricketers found guilty of accepting bribes to bowl no balls against England at certain times. . Mohammad Asif.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 Duke Cunningham. Swainson. a Liberian politician. Mohammad Amir and Salman Butt. United States Navy veteran and former Republican member of the United States House of Representatives from California's 50th Congressional District resigned after pleading guilty to accepting at least $2. but was convicted for lying about it. Larry Pressler rejected a bribe from undercover FBI agents during Abscam investigations. Gerald Garson.000 from the entertainment manager Jack Gordon.
11. Odili. See generally T." 6 BNA White Collar Crime Report 33 (January 14. "TI Business Principles for Countering Bribery.com. Markus Funk. 10 July 2007. "You get who you pay for". 7. News . Retrieved 2 June 2012.I rejected Charles Taylor's $450. Lewis. Mauree. (2000). Accessed on May 23. 9. 6. Bribes for basic care in Romania.ZAARI BIN MOHAMAD 800421065431001 OUMM3203 References 1. http://www. OECD. 17 July 2007 4. “Tax Treatment of Bribes: About”. 2011) (discussing bribery in the context of the Foreign Corrupt Practices Act). African corruption 'on the wane'.net. International principle of law Trans-Lex. The Economist (2 June 2012). .ama-assn. Bribing and Taking Bribes CFO Insight Magazine. "Don't Pay for the Misdeeds of Others: Intro to Avoiding Third-Party FCPA Liability. 2012" (PDF). Who is paying for healthcare in Eastern Europe and Central Asia? World Bank Publications. 12. "Anti-Corruption and Bribery".org 8. Retrieved 2013-04-20. The Guardian Weekly (March 26th 2008). BBC News 3. OECD Centre for Tax Policy and Administration.000 bribe -Sacked Customs Officer. Retrieved 2013-04-20. 2.org. Available Online. Retrieved on 2013-07-12. Sgs. May 2012 10.html 5.org/ama/pub/category/4001.
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