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BY LARRY CHONKO, PH.D.THE UNIVERSITY OF TEXAS AT ARLINGTON

BRIBERY

BRIBERY

ABOUT BRIBERY To offer or provide payment in order to persuade someone with a responsibility to betray that responsibility is known as seeking

Undue influence

Peddling influence

BRIBERY

MORE ABOUT BRIBERY

A bribe can consist of immediate cash or of personal favors, a promise of later payment, or anything else the recipient views as valuable.

BRIBERY

CONSENSUS ON BRIBERY?

There is not always consensus over what constitutes a bribe.

BRIBERY

BRIBERY

U.S. Law vs. Prevailing Global Law/Custom

BRIBERY

THE FOREIGN CORRUPT PRACTICES ACT

The Foreign Corrupt Practices Act (FCPA) makes it unlawful to bribe foreign government officials to obtain or retain business.

BRIBERY

BUSINESS PRINCIPLES FOR COUNTERING BRIBERY

The Business Principles for Countering Bribery is a useful and current tool for companies dealing with the challenge and risks posed by bribery

BRIBERY

BUSINESS PRINCIPLES FOR COUNTERING BRIBERY

The enterprise shall prohibit bribery in any form whether direct or indirect

The enterprise shall commit to implementing a program to counter bribery

BRIBERY

BUSINESS PRINCIPLES FOR COUNTERING BRIBERY

PROGRAM REQUIREMENTS

An enterprise should develop a program that clearly and in reasonable detail, articulates values, policies, and procedures, to be used to prevent bribery from occurring in all activities under its effective control.

The program should be consistent with all laws relevant to countering bribery in all the jurisdictions in which the enterprise transacts business.

BRIBERY

BUSINESS PRINCIPLES FOR COUNTERING BRIBERY

PROGRAM SCOPE

Scope of the program – the program should address the most relevant forms of bribery to the enterprise