13.4 Anti-Corruption and Compliance Programs

Corruption in international business varies globally, affecting both public and private sectors. It takes forms like bribery and nepotism, leading to financial losses and legal penalties for businesses. The economic impact reduces foreign investment and hinders growth, while social consequences erode public trust.

Key anti-corruption laws like the Foreign Corrupt Practices Act and UK Bribery Act aim to combat these issues. These laws have extraterritorial reach, applying to foreign companies with minimal U.S. connections. Understanding and navigating these regulations is crucial for businesses operating internationally.

Understanding Corruption in International Business

Corruption in international business

Top images from around the web for Corruption in international business

• 

  Corruption and power: the connection - Science Bibliographies Online View original

  Is this image relevant?

• 

  THE FATAL BLUEPRINT OF CORRUPTION | Clamor World View original

  Is this image relevant?

• 

  International Anti-Corruption Day — EUAM Ukraine View original

  Is this image relevant?

• 

  Corruption and power: the connection - Science Bibliographies Online View original

  Is this image relevant?

• 

  THE FATAL BLUEPRINT OF CORRUPTION | Clamor World View original

  Is this image relevant?

1 of 3

Top images from around the web for Corruption in international business

• 

  Corruption and power: the connection - Science Bibliographies Online View original

  Is this image relevant?

• 

  THE FATAL BLUEPRINT OF CORRUPTION | Clamor World View original

  Is this image relevant?

• 

  International Anti-Corruption Day — EUAM Ukraine View original

  Is this image relevant?

• 

  Corruption and power: the connection - Science Bibliographies Online View original

  Is this image relevant?

• 

  THE FATAL BLUEPRINT OF CORRUPTION | Clamor World View original

  Is this image relevant?

1 of 3

• Prevalence varies by region and country more common in developing economies affects both public and private sectors (Transparency International's Corruption Perceptions Index)
• Forms include bribery (cash payments), embezzlement (misuse of funds), extortion (threats for payment), nepotism (favoritism to relatives)
• Consequences for businesses lead to financial losses, reputational damage, legal penalties, decreased investor confidence (Siemens AG case)
• Economic impact reduces foreign direct investment, distorts market competition, hinders economic growth (World Bank estimates)
• Social consequences erode public trust, increase inequality, weaken democratic institutions (Arab Spring uprisings)

Key anti-corruption laws

• Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials requires accurate books and records applies extraterritorially
• UK Bribery Act covers broader scope than FCPA includes private sector bribery (corporate offense of failure to prevent bribery)
• OECD Anti-Bribery Convention criminalizes bribery of foreign public officials in international business transactions (41 signatory countries)
• United Nations Convention Against Corruption (UNCAC) covers prevention, criminalization, international cooperation (187 parties)
• Extraterritorial reach applies to foreign companies and individuals with minimal connections to the U.S. (Walmart's Mexico bribery case)

Mitigating Corruption Risks in Global Operations

Red flags for global corruption

• Cultural factors include gift-giving traditions, relationship-based business practices (guanxi in China)
• Political environment involves level of government involvement in business, strength of regulatory institutions
• Industry-specific risks higher in natural resources, extractive industries, government contracting, procurement (defense sector)
• Third-party relationships use of intermediaries or agents, joint venture partners increase risk (Halliburton's Nigeria case)
• Geographical considerations focus on countries with high corruption perception indices, regions with weak rule of law (Sub-Saharan Africa)
• Transaction red flags include unusual payment patterns, lack of transparency in accounting records
• Operational red flags involve excessive entertainment or travel expenses, unexplained preferences for certain contractors

Compliance for corruption prevention

• Risk assessment identifies and prioritizes corruption risks updates regularly based on changing business environment
• Anti-corruption policies provide clear guidelines on prohibited conduct include gift and hospitality policies
• Training and communication programs educate employees regularly emphasize tone from the top messaging
• Due diligence vets third-party partners and agents conducts merger and acquisition reviews
• Internal controls implement segregation of duties establish authorization limits and approvals
• Monitoring and auditing conduct regular compliance audits use data analytics for detecting anomalies
• Reporting mechanisms establish whistleblower hotlines enforce non-retaliation policies
• Response and remediation develop investigation protocols implement disciplinary procedures for violations
• Continuous improvement conducts periodic program evaluations benchmarks against industry best practices (ISO 37001 Anti-Bribery Management Systems)