Corruption The New Corporate Challenge
The dangers of involvement in corruption need to be embedded in corporate strategy. Companies' response to these dangers must also be reflected in their practices, particularly if operating outside its own borders. This book guides managers through t
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CORRUPTION The New Corporate Challenge
Nick Kochan and Robin Goodyear
Palgrave
macmillan
*
© Nick Kochan and Robin Goodyear 2011
Softcover reprint ofthe hardcover 1st edition 2011 978-0-230-29843-9
All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their right to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2011 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG216XS. Palgrave Macmillan in the US is a division of St Martin's Press llC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-33458-2 ISBN 978-0-230-34334-4 (eBook) DOI 10.1057/9780230343344 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the library of Congress. 10 9 8 7 6 5 4 3 2 1 20 19 18 17 16 15 14 13 12 11
This book is dedicated to Miriam Kochan, materfamilias
CONTENTS
List of figures and table Preface: a time to act on corruption Acknowledgments Foreword from Richard Alderman, Director, UK Serious Fraud Office
Introduction: Corruption and bribery: the global context
1
Civil society's campaign against corruption Recognition by government: domestic responses with international implications Transnational initiatives Business attitudes to bribery The Prisoner's Dilemma: If we don't pay bribes our competitors will Cultural attitudes to bribery: it's just how things are done A bad reputation
2
Part 1: Threats 1
xi xiii xvii xviii
6 7 11 13 14 15
17
The threats: Economic, social, and political effects of corruption and bribery The economic effects of corruption: bribery and business The political effects of bribery and corruption The impact of bribery on society
19 20 21 23
Part II: Law
27
2
29
The global legal context The Foreign Corrupt Practices Act: the United States leads the way Examples of FCPA