Professional Documents
Culture Documents
Page 1
2 corruption
with precision because it is illegal. One deter demand, the government can increase the
commonly used measure is the corruption maximum penalties, imposing not only fines and
perception index of the German nongovern- the repayment of ill-gotten gains but also exten-
mental organization Transparency Interna- sive jail term. Reform of the judicial system to
tional. The measure, based on information from ensure that the laws are properly applied and
multiple surveys, is available on an annual basis judges are not bribed is also needed.
since 1995, and uses an interval of 10 (low Solutions that reduce the supply of bribes by
corruption) to 0 (high corruption). Additionally, firms and their employees can be grouped into
Transparency International publishes a bribe two areas as well: those in which the company
payer’s index that measures who is most likely limits the ability of employees to supply a bribe
to pay bribes abroad, and a global corruption and those in which the government increases the
barometer that measures bribes paid by citizens. cost to employees and companies who supply a
Another widely used measure is the indicator bribe. First, a company can establish codes of
of the control of corruption of the multilateral conduct that clearly define the behavior expected
organization The World Bank. This measure, from employees, banning the payment of bribes
which is part of a set of six Governance Indi- to achieve a business advantage. These codes
cators based on multiple surveys, is available of conduct can follow the guidelines provided
every other year from 1996 and annually from by, for example, Transparency International,
2002 onward, and uses a standardized indicator the United Nations’ Global Compact, or the
in an interval of –2.5 (low control of corruption) Organization for Economic Cooperation and
to 2.5 (high control of corruption). Other Development (OECD) principles for multina-
measures of corruption are available from the tional enterprises. Additionally, the company
Swiss organization World Economic Forum in
can establish controls and practices that limit
its Global Competitiveness Report, and from
the ability of employees to misuse funds to
the Enterprise Surveys of The World Bank.
pay for bribes, such as requiring permission
Solutions to corruption can address the
for payments above certain levels, prohibiting
demand of bribes by government official or the
potentially problematic payments such as dona-
supply of bribes by companies and individuals.
tions to political parties, establishing reporting
Solutions that reduce the demand of bribes
by government officials can be grouped into guidelines for tracking down payments and
two areas: those that reduce the opportunity cash management, and providing procedures
for corruption and those that increase the cost for bidding on government contracts that limit
of engaging in corruption. First, to reduce employee discretion.
the opportunity for demanding a bribe, the Second, the government can create and imple-
government can limit an official’s intervention ment laws that forbid and punish the supply
and discretion, decentralize decision-making and of bribes, complementing laws that forbid and
actions, and increase transparency in the official’s punish the demand of bribes. All countries have
actions and decision-making via reviews and laws that forbid and punish bribery, but in coun-
controls. Second, to increase the cost of engaging tries with high corruption these laws may not be
in corruption, and thus deter demanding a effective, as the government officials writing the
bribe, the government can increase the prob- laws and the judges implementing them may also
ability of being caught and the level of punish- be bribed. Hence, an alternative is to reduce the
ment if caught. The government can create supply of bribes by foreign investors by imple-
an independent corruption investigator with menting laws against bribery abroad in the
the power and resources to start investiga- home country. These laws can be an effective
tions at all levels, and can increase transparency deterrent because the largest foreign investors
in government–private sector interactions, with tend to come from coun-tries with low
open bidding and hotlines for whistle blowers. In corruption and effective judicial systems; these
many cases, a free press discovers acts of bribery multinational companies would find it harder to
and misbehavior by government officials. Addi- bribe politicians and judges at home to not
tionally, to increase the level of punishment and implement the laws.
weom060041 Volume 6 V1 12/17/2013 5:11 P.M. Page 3
corruption 3
The most notable legal efforts to reduce the business expenses. As the OECD does not have
supply of bribes are the US Foreign Corrupt the ability to prosecute companies that break
Practices Act (FCPA), and the laws the Convention or countries that do not enforce
implemented in countries that ratified the the laws, it uses a ‘‘name and shame’’ process
OECD Conven-tion on Combating Bribery of to pressure governments to introduce legisla-
Foreign Public Officials in International tion and implement it. The OECD, through its
Business Transactions. Working Group on Bribery, monitors the imple-
The FCPA, passed in 1977, made the United mentation of the Convention’s standards by each
States the first country to ban companies from signatory country.
bribing abroad. It has three main requisites:
accurate record keeping, effective internal ENDNOTES
accounting control systems, and prohibition of 1 * Parts
corrupt payments to foreign officials, politicians, of this entry are derived from Cuervo-
and political candidates. The FCPA bans not Cazurra (2006, 2008). Other good reviews
only direct payments to foreign officials or and analyses of the topic are Bardhan (1997),
politicians, but also payments to facilitate agents Elliot (1997), Rose-Ackerman (1999, 2006),
who would pay the bribe on the firm’s behalf. Rose-Ackerman and Soreide (2011), Shleifer
The FCPA does not penalize ‘‘grease and Vishny (1993), and Svensson (2005). I thank
payments,’’ or payments to foreign officials to the Robert Morrison fellowship at Northeastern
expedite procedures, such as customs University for financial support. All errors are
procedures or permits, that would otherwise mine.
occur without a bribe, but more slowly.
Although grease payments are illegal in the Bibliography
United States, legislators considered them an
accepted business practice in other countries. A
Bardhan, P. (1997) Corruption and development: a
firm can ask the opinion of the Attorney General
review of issues. Journal of Economic Literature, 35,
regarding whether a future payment conforms
1320–1346.
to the FCPA. In 1998, the FCPA was reformed,
Cuervo-Cazurra, A. (2006) Who cares about corruption?
increasing penalties but reducing standards. Journal of International Business Studies, 37, 803–822.
Managers were no longer required to have Cuervo-Cazurra, A. (2008) The effectiveness of laws
‘‘reason to know’’ that payments given to an against bribery abroad. Journal of International Busi-
agent would be passed on as a bribe. Instead, ness Studies, 39, 634–651.
they had to ‘‘know’’ that such illegal Elliot, K. (ed.) (1997) Corruption and the Global Economy,
payments were done. The FCPA applies to the Institute for International Economics, Washington,
US companies and to companies that are quoted DC.
in the US capital markets. Rose-Ackerman, S. (1999) Corruption and Government,
The OECD Convention, signed in 1997 and Cambridge University Press, Cambridge.
ratified in 1999 by the member countries of the Rose-Ackerman, S. (2006) International Handbook on the
OECD and five additional nonmembers, sets a Economics of Corruption, Edward Elgar, Northampton,
general framework that criminalizes bribing MA.
foreign government officials and officials of Rose-Ackerman, S. and Soreide, T. (2011) International
Handbook on the Economics of Corruption, Vol. 2,
inter-national organizations to provide the firm
Edward Elgar, Northampton, MA.
with an improper advantage, but does not
Shleifer, A. and Vishny, R.W. (1993) Corruption. Quar-
prohibit ‘‘grease payments.’’ The Convention
terly Journal of Economics, 108, 599–617.
requires stricter accounting standards, external
Svensson, J. (2005) Eight questions about corruption.
auditing, and internal controls, and encourages Journal of Economic Perspectives, 19, 19–42.
mutual legal assistance in investigations and the
facilita-tion of extraditions. A companion
agreement disqualifies bribes from being tax-
deductible