Bribery and Business Ethics
Students taking business courses are sometimes a little surprised to find that classes on business ethics have been included in their schedule. They often do not realize that bribery in various forms is on the increase in many countries and, in some, has been a way of life for centuries.
Suppose that during a negotiation with some government officials, the Minister of Trade makes it clear to you that if you offer him a substantial bribe, you will find it much easier to get an import license for your goods, and you are also likely to avoid "procedural delays", as he puts it. Now, the question is: do you pay up or stand by your principles?
It is easy to talk about having high moral standards but, in practice, what would one really do in such a situation? Some time ago a British car manufacturer was accused of operating a fund to pay bribes, and of other questionable practices such as paying agents and purchasers an exaggerated commission, offering additional discounts, and making payments to numbered bank accounts in Switzerland. The company rejected these charges and they were later withdrawn. Nevertheless, at that time, there were people in the motor industry in Britain who were prepared to say in private: "Look, we're in a very competitive business. Every year we're selling more than a £ 1,000 million worth of cars abroad. If we spend a few million pounds to keep some of the buyers happy, who's hurt? If we didn't do it, someone else would."
It is difficult to resist the impression that bribery and other questionable payments are on the increase. Indeed, they seem to have become a fact of commercial life. To take just one example, the Chrysler Corporation, third largest of the U.S. car manufacturers, revealed that it made questionable payments of more than $2.5 million between 1971 and 1976. By announcing this, it joined more than 300 other U.S. companies that had admitted to the U.S. Securities and Exchange Commission that they had made payments of one kind or another — bribes, extra discounts, etc. — in recent years. For discussion purposes, we can divide these payments into three broad categories.
The first category consists of substantial payments made for political purposes or to secure major contracts. For example, one U.S. corporation offered a large sum of money in support of a U.S. presidential candidate at a time when the company was under investigation for possible violations of U. S. business laws. This same company, it was revealed, was ready to finance secret U.S. efforts to throw out the government of Chile.
In this category, we may also include large payments made to ruling families or their close advisers in order to secure arms sales or major petroleum or construction contracts. In a court case involving an arms deal with Iran, a witness claimed that £ 1 million had been paid by a British company to a "negotiator" who helped close a deal for the supply of tanks and other military equipment to that country. Other countries have also been known to put pressure on foreign companies to make donations to party bank accounts.
The second category covers payments made to obtain quicker official approval of some project, to speed up the wheels of government. An interesting example of this kind of payment is provided by the story of a sales manager who had been trying for some months to sell road machinery to the Minister of Works of a Caribbean country. Finally, he hit upon the answer. Discovering that the minister collected rare books, he bought a rare edition of a book, slipped $20,000 within its pages, then presented it to the minister. This man examined its contents, then said: "I understand there is a two-volume edition of this work." The sales manager, who was quick-witted, replied: "My company cannot afford a two-volume edition, sir, but we could offer you a copy with a preface!" A short time later, the deal was approved.
The third category involves payments made in countries where it is traditional to pay people to help with the passage of a business deal. Some Middle East countries would be included on this list, as well as certain Asian countries.
Is it possible to devise a code of rules for companies that would prohibit bribery in all its forms? The International Chamber of Commerce (ICC) favors a code of conduct that would ban the giving and seeking of bribes. This code would try to distinguish between commissions paid for real services and exaggerated fees that really amount to bribes. A council has been proposed to manage the code.
Unfortunately, opinions differ among members of the ICC concerning how to enforce the code. The British members would like the system to have enough legal power to make companies behave themselves. However, the French delegates think it is the business of governments to make and impose law; the job of a business community like the ICC is to say what is right and wrong, but not to impose anything.
In a well-known British newspaper, a writer argued recently that "industry is caught in a web of bribery" and that everyone is "on the take";. This is probably an exaggeration. However, today's businessman, selling in overseas markets, will frequently meet situations where it is difficult to square his business interests with his moral conscience.
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賄賂與商業(yè)道德
商科學(xué)生有時對課程里包括商業(yè)道德課略感吃驚。 他們通常沒意識到在很多國家,形形色色的賄賂行為正日益增多。 在某些國家,這已成為人們幾百年來的生活方式。
假定在一場與政府官員的談判中,貿(mào)易部長向你明確表示如能給他一大筆賄賂,拿到進(jìn)口許可證就會容易得多,還可能避免他所說的"程序上的延誤" 。 現(xiàn)在的問題是:你是被迫掏錢呢,還是堅持原則?
高尚的道德標(biāo)準(zhǔn)說起來容易,但實際上人們在這種情況下究竟會怎么做呢? 早些時候,一家英國汽車制造商被指控經(jīng)管一筆基金行賄,還有其他一些可疑運作,如給代理商和客戶高額回扣、提供額外折扣、向一些在瑞士銀行開的匿名賬戶匯款等。 這家汽車公司否認(rèn)了這些指控,后來也就撤訴了。 然而,當(dāng)時英國汽車業(yè)里就有人私下里說: "瞧,我們這一行競爭激烈,每年我們汽車的海外銷售額超過10億英鎊。 如果花幾百萬英鎊能讓客戶高興,誰會有損失呢? 我們不這樣干,別人也會干的。"
很容易產(chǎn)生這樣的印象:賄賂以及其他可疑開支正日漸增多。 的確,這似乎已成為商界的一個事實。 僅舉一例:美國第三大汽車制造企業(yè)克萊斯勒汽車公司透露,它在1971至1976年間共發(fā)生了250萬美元的可疑開支。 這一事實的披露,使克萊斯勒與其他300多家美國公司一樣,向美國證券交易委員會承認(rèn)自己近年曾有過某種形式的支出,像賄賂、額外打折等等。 為方便討論起見,我們可將這些支出分為三大類。
第一大類是那些為政治目的或為獲得大宗合同所付出的大筆款項。 比如,有一家美國企業(yè)曾因可能觸犯美國商業(yè)法規(guī)而正受調(diào)查,此時它捐出一大筆款項支持一位總統(tǒng)候選人。 后來發(fā)現(xiàn),正是這家公司打算資助美國推翻智利政府的秘密行動。
這一大類也包括為得到武器銷售或重大的石油、建筑等項目合同而向權(quán)勢家族及其身邊顧問所付出的大筆款項。 在一樁涉及對伊朗武器銷售的案子中,一位證人聲稱一家英國公司曾付給某 "洽談人"100萬英鎊。此人幫忙做成了一筆向伊朗提供坦克和其他軍事設(shè)施的交易。 據(jù)聞其他國家也是如此,向外國公司施壓,要他們向黨派組織的賬戶捐款。
第二大類包括為促使政府加快對某些工程項目的正式批準(zhǔn)而作的支出。 有個故事是說明這類支出的有趣例子:有個銷售經(jīng)理幾個月來一直試圖向加勒比地區(qū)一個國家的建工部長推銷道路工程機械。 他終于想出了辦法。 了解到建工部長收藏珍本書,他買了一本書的珍藏版,在書里夾上兩萬美元,將其送給部長。 部長查看了書的內(nèi)容,說道:"我知道這書有兩卷本的。" 頭腦靈活的銷售經(jīng)理答道:"先生,兩卷本公司買不起,不過我們可給你弄一本帶‘前言’的!" 不久,這筆生意獲準(zhǔn)了。
第三大類指某些國家按照的傳統(tǒng)做法付給在交易中起作用的人一筆費用。 中東的一些國家和某些亞洲國家都屬此類。
是否有可能設(shè)計一套公司法規(guī)準(zhǔn)則防止各種類型的賄賂呢? 國際商會(ICC)贊成用行為準(zhǔn)則來禁止行賄索賄。 這些準(zhǔn)則試圖區(qū)分真正為服務(wù)所付的傭金和事實上等同于賄賂的過高費用。 已成立了一個委員會來實際操作這一準(zhǔn)則。
可惜的是,國際商會委員們關(guān)于如何實行這一準(zhǔn)則意見不一。 英國委員們希望這一體系有充分的法律效力以使公司規(guī)范行事。 而法國代表認(rèn)為制定和實施法律是政府的事;像國際商會這樣的商業(yè)團(tuán)體該做的是表明孰對孰錯,而非強制實行什么。
在一家知名英國報紙上,最近有位作者指出"企業(yè)已陷入賄賂的蛛網(wǎng)",人人都"貪贓枉法"。 這一說法可能有些夸張。 然而,當(dāng)今做海外銷售的商人們經(jīng)常難以達(dá)到既確保自己的商業(yè)利益,又無愧道德良心的境地。