A bribe is typically defined as providing someone with a monetary incentive or
object of value to do something contrary to his or her job description.
Facilitating payments, which are legal, expedite performance of “routine
governmental action,” such as obtaining permits, processing governmental papers,
loading and unloading cargo, and scheduling inspections to transit goods across
borders.
Facilitating payments do not include being awarded new business or continuing
business with a particular government official.
ANTI-BRIBERY CONVENTION
Some businesses headquartered in the U.S. argued that the FCPA puts them at a
competitive disadvantage because businesses headquartered in other nations continue to
pay bribes as a cost of doing business. As a result, the U.S. government pressured other
nations to adopt similar anti-bribery legislation.
In 1999, the Organization for Economic Co-operation and Development (OECD),
representing thirty developed nations, ratified the Anti-Bribery Convention which
requires member nations to enact legislation criminalizing the payment of bribes in
developing nations.
A growing number of non-OECD members have signed this agreement, including Brazil,
Estonia, Israel, and South Africa.
CAUX “PRINCIPLES FOR RESPONSIBLE BUSINESS”
Attempts have been made to create a moral level playing field worldwide through an
International Code of Ethics, where principles such as integrity and honesty are adopted
by all organizations conducting business, independent of locale.
The Caux Round Table, an international network of business leaders from a variety of
nations and cultures, spearheaded a collaborative effort to develop the Caux Principles
for Responsible Business for conducting business worldwide.
Review EXHIBIT 4.4 Caux “Principles for Responsible Business”
oPrinciple 1: Respect Stakeholders Beyond Shareholders
oPrinciple 2: Contribute to Economic, Social and Environmental Development
oPrinciple 3: Respect the letter and the spirit of the law
oPrinciple 4: Respect Rules and Conventions
oPrinciple 5: Support Responsible Globalization
oPrinciple 6: Respect the Environment
oPrinciple 7: Avoid Illicit Activities
DISCUSSION ACTIVITY
Ask students if it is ethical for the United States to impose its value system on other nations.
Would students want other nations to impose their value system on the United States? Should a