CORRUPTION IN INTERNATIONAL
BUSINESS




  Presented by: Ankit Yadav
  MSC Business & Management
AIMS
This presentation focuses on following areas:

   What is corruption?
   The Growth of Corruption;
   Corruption Perceptions Index (1995 – 2010);
   Causes of Corruption;
   Economic effects of Corruption;
   Remedies to combat Corruption;
   Case Studies;
   Recommendations and;
   Conclusions.
                                                  2
WHAT IS CORRUPTION?
Corruption has been defined in many different ways, each
lacking in some aspect:
 The abuse of public power for private benefit.
                                        (Source: World Bank, 1999)
   The agreement to pay a financial inducement to a public
    official for securing favour of some description in return.
                                        (Serious Fraud Office, 2010)
   Transparency international defines corruption as the abuse of
    entrusted power for private gain.
                                  (Transparency International, 2010)


CORRUPTION = PUBLIC POWER + PRIVATE GAIN + ABUSE
                                                                       3
                - ACOOUNTABILITY
TYPES OF CORRUPTION
   Trading in influence;
   Rent Seeking (Bribery);
   Nepotism (Found More in Developing Countries);
   Electoral Fraud;
   Kickbacks;
   Unholy Alliances and;
   Involvement in Organised Crime.




                                                     4
THE GROWTH OF CORRUPTION
   In recent years, and especially in the decade of 1990s, the
    phenomenon broadly referred to as corruption has attracted a
    great deal of attention.
                                            (Source: Johnston, 1997)
   In countries developed and developing, large or small, market
    oriented or otherwise, because of accusations of corruption,
    governments have fallen and prominent politicians have lost
    their positions.
                                                 (Source: IMF, 1998)
   However, the degree of attention currently paid to corruption is
    unprecedented and nothing short of extraordinary. For
    example, in its end-of-year editorial on December 31st 1995,
    The Financial Times characterised 1995 as the year of
    corruption. The following two years could have earned the
    same title.
                                                                        5
                                                (Source: Tanzi, 1998)
LOWEST CORRUPTION COUNTRIES (1995)
9.8


9.6    9.55


9.4              9.32
                            9.26

9.2                                    9.12


 9
                                                 8.87     8.87
                                                                    8.8
8.8                                                                            8.76
                                                                                           8.69
                                                                                                       8.61
8.6


8.4


8.2


 8
       New      Denmark   Singapore   Finland   Canada   Sweden   Australia Switzerland Netherlands   Norway
      Zealand                                                                                                  6

                                          (Source: Transparency International,1995)
LOWEST CORRUPTION COUNTRIES (2010)
9.4
        9.3       9.3       9.3

                                       9.2      9.2
9.2




 9
                                                         8.9

                                                                     8.8
8.8
                                                                                8.7        8.7

                                                                                                      8.6
8.6




8.4




8.2
      Denmark New Zeland Singapore   Finland   Sweden   Canada   Netherlands Australia Switzerland   Norway
                                                                                                              7

                                         (Source: Transparency International, 2010)
HIGHEST CORRUPTION COUNTRIES (1995)
3.5
       3.18
               2.99
 3
                        2.79      2.78       2.77
                                                          2.7       2.66

2.5
                                                                               2.25
                                                                                         2.16

 2                                                                                                 1.94




1.5



 1



0.5



 0
      Mexico   Italy   Thailand   India   Philipieness   Brazil   Venezuela   Pakistan   China   Indonesia   8

                                     (Source: Transparency International,1995)
HIGHEST CORRUPTION COUNTRIES (2010)
 2    1.9
            1.8
1.8               1.7
                        1.6   1.6   1.6
1.6                                        1.5
                                                  1.4   1.4
1.4

1.2                                                            1.1

 1

0.8

0.6

0.4

0.2

 0




                                                                     9

                        (Source: Transparency International, 2010)
CAUSES OF CORRUPTION
   Regulations & Authorisation;
   Taxation;
   Spending Decisions;
   Market pressure on MNC’s to make profits;
   Financing of Parties.
   Quality of Bureaucracy;
   Level of public sector wages (Ratio of Developed and
    Undeveloped Countries);
   Penalty systems;
   Moral Hazard;
   Transparency of rules, laws and processes and;
   Examples by leadership.                                    10
                                         (Source: IMF, 1998)
ECONOMIC EFFECTS OF CORRUPTION (1)

Corruption has a number of adverse consequences:
 Exploitation of public system by entrepreneurs (increasing
  prices of products);
 Productivity drain provided by lucrative opportunities of rent
  seeking rather productive work;
 Monopolistic practices are encouraged, which hinders free
  market trade, thus reduces competition and limits the choice
  for consumers;
                                               (Source: IIE, 1998)




                                                                     11
ECONOMIC EFFECTS OF CORRUPTION (2)

   Corruption may also bring about loss of tax revenue when it
    takes the form of tax evasion or the improper use of
    discretionary tax exemptions;
   Creates distrust and loss of integrity in the system;
   The allocation of public procurement contracts through a
    corrupt system may lead to inferior public infrastructure and
    services and;
   Undermines economic and democratic developments.

                                                (Source: IIE, 1998)

                                                                      12
INDUSTRY’S OFTEN INVOLVED IN CORRUPTION
   Oil and Gas;
   Mining;
   Defence;
   Telecommunications;
   Transport Sectors and;
   Infrastructure and Property Development.




                                               13
REMEDIES TO COMBAT CORRUPTION
Getting to work following bodies in unisom:
 Serious Fraud Investigation Office (Enforcer);

 Transparency International (Adviser);

 The World Bank (Adviser)

 OCED (Enforcer);

 UN (Enforcer) and;

 These are not the only bodies, there are other enforcement
  and advisory bodies that deal with corruption.

 COMBATING CORRUPTION = ADVISERS + ENFORCERS +
       LOCAL AUTHORITIES + COMPLIANCE BY
            INTERNATIONAL COMPANIES
                                                               14
OECD CONVENTION ON CORRUPTION (1)
In 1997, the member states of the OECD adopted the OECD
convention on combating bribery of foreign public officials in
international business transactions. Following are the articles of
OECD convention:
 The offence of bribery of foreign officials;

 Responsibility of legal persons;

 Sanctions;

 Jurisdiction;

 Enforcement;

 Statute of Limitations;

 Money laundering;

                           (Source: Transparency International, 2010)
                                                                        15
OECD CONVENTION ON CORRUPTION (2)
   Responsible Authorities;
   Monitoring and follow-up;
   Signature and Accession;
   Entry into force;
   Amendment;
   Withdrawal;
   Accounting and;
   Extradition.

                           (Source: Transparency International, 2010)


                                                                        16
CASE STUDIES
   2G Spectrum Scam in India;
   Bofors AB Howitzer Pay – Off Scandal in India;
   Rio Tinto;
   BAE Systems;
   Panalpina Logistics and;
   British American Tobacco.




                                                     17
RECOMMENDATIONS
   Governments should assign responsibility for foreign bribery
    cases to specialised staffs with adequate resources.
   The OECD ministerial group should encourage China, India
    and Russia to join OECD convention. To achieve a level
    playing field all major exporters should play by the same rules.
   To keep pace with changes in forms of corruption, increasing
    attention needs to be devoted to combating indirect forms of
    bribery such as the use of intermediaries, subsidiaries,
    contractual and joint venture partners.
   The OECD ministerial working group should also, as soon as
    possible, begin to address unresolved issues and political
    loop-holes in the OECD convention and national implementing
    legislation, including bribe payments to political parties, lack of
    corporate criminal liability, inadequate statutes of limitations,
    and private to private corruption.                                    18
                             (Source: Transparency International, 2010)
CONCLUSIONS
   Recommendations from advisory bodies have been enforced
    by the organisations like OECD and UN;

   According to CPI index the highest corruption countries have
    shifted from South America, Asia and some parts of Europe to
    Africa and Middle East and;

   The notion of emerging markets and opportunities in (BRIC)
    countries helps in breeding the corruption in international
    business.



                                                                   19
QUESTIONS & ANSWERS SESSION




                              20
REFERENCES (1)
   BBC News. (2004). Shell Admits Fuelling Corruption In Nigeria. Available:
    http://news.bbc.co.uk/1/hi/3796375.stm. Last accessed 10 March 2011.
   BS Reporter. (2010). Most of 2G Licences Given in 2008 Were Illegal. Available:
    http://www.business-standard.com/2gscam/news/most2g-licences-given-in-2008-were-
    illegal-cag/411374/. Last accessed 10 March 2011.
   Indo - Asian News Service. (2011). Timeline of Bofors Scandal. Available:
    http://www.ndtv.com/article/india/timeline-of-bofors-scandal-76775. Last accessed 12
    March 2011.
   Johnston, Michael. (1997). Public Officials, Private Interests, and Sustainable
    Democracy: When Politics and Corruption Meet. Institute for International Economics. 0
    (0), p - 61 - 82.
   Mauro, P. (1998). The Effects of Corruption on Growth, Investment and Government
    Expenditure: A Cross Country Analysis. Institute for International Economics. 0 (0), p 86 -
    87.
   SFO, UK. (2010). Bribery and Corruption. Available: http://www.sfo.gov.uk/bribery--
    corruption/bribery--corruption.aspx. Last accessed 15 March 2011.
   Tanzi, V. (1998). Corruption Around the World: Causes, Consequences, Scope and
    Cures. International Monetary Fund - Fiscal Affairs Department. 0 (0), p 3 - 22.
                                                                                                  21
REFERENCES (2)
   Tanzi, V. (1998). Corruption Around The World. IMF Staff Papers. 0 (0), p - 560.
   The World Bank. (1999). Introduction to Corruption. Available:
    http://info.worldbank.org/etools/docs/library/35970/mod03.pdf. Last accessed 16 March
    2011.
   Transparency International. (2009). Progress Report 2009. OCED Anti-Bribery
    Convention. 0 (0), p 6 - 56.
   Transparency International. (1995). Corruption Perception Index - 1995. Available:
    http://www.transparency.org/policy_research/surveys_indices/cpi/previous_cpi/cpi1995.p
    df. Last accessed 12 March 2011.
   Transparency International. (2010). Corruption Perception Index - 2010. Available:
    http://www.transparency.org/policy_research/surveys_indices/cpi/2010. Last accessed 12
    March 2011.
   Wisenthal, J. (2009). Rio Tinto Accused of Massive Fraud and Spy Claims in China.
    Available: http://www.businessinsider.com/rio-tinto-accused-of-massive-fraud-and-
    espionage-in-china-2009-8. Last accessed 10 March 2011.



                                                                                             22

Corruption in international business

  • 1.
    CORRUPTION IN INTERNATIONAL BUSINESS Presented by: Ankit Yadav MSC Business & Management
  • 2.
    AIMS This presentation focuseson following areas:  What is corruption?  The Growth of Corruption;  Corruption Perceptions Index (1995 – 2010);  Causes of Corruption;  Economic effects of Corruption;  Remedies to combat Corruption;  Case Studies;  Recommendations and;  Conclusions. 2
  • 3.
    WHAT IS CORRUPTION? Corruptionhas been defined in many different ways, each lacking in some aspect:  The abuse of public power for private benefit. (Source: World Bank, 1999)  The agreement to pay a financial inducement to a public official for securing favour of some description in return. (Serious Fraud Office, 2010)  Transparency international defines corruption as the abuse of entrusted power for private gain. (Transparency International, 2010) CORRUPTION = PUBLIC POWER + PRIVATE GAIN + ABUSE 3 - ACOOUNTABILITY
  • 4.
    TYPES OF CORRUPTION  Trading in influence;  Rent Seeking (Bribery);  Nepotism (Found More in Developing Countries);  Electoral Fraud;  Kickbacks;  Unholy Alliances and;  Involvement in Organised Crime. 4
  • 5.
    THE GROWTH OFCORRUPTION  In recent years, and especially in the decade of 1990s, the phenomenon broadly referred to as corruption has attracted a great deal of attention. (Source: Johnston, 1997)  In countries developed and developing, large or small, market oriented or otherwise, because of accusations of corruption, governments have fallen and prominent politicians have lost their positions. (Source: IMF, 1998)  However, the degree of attention currently paid to corruption is unprecedented and nothing short of extraordinary. For example, in its end-of-year editorial on December 31st 1995, The Financial Times characterised 1995 as the year of corruption. The following two years could have earned the same title. 5 (Source: Tanzi, 1998)
  • 6.
    LOWEST CORRUPTION COUNTRIES(1995) 9.8 9.6 9.55 9.4 9.32 9.26 9.2 9.12 9 8.87 8.87 8.8 8.8 8.76 8.69 8.61 8.6 8.4 8.2 8 New Denmark Singapore Finland Canada Sweden Australia Switzerland Netherlands Norway Zealand 6 (Source: Transparency International,1995)
  • 7.
    LOWEST CORRUPTION COUNTRIES(2010) 9.4 9.3 9.3 9.3 9.2 9.2 9.2 9 8.9 8.8 8.8 8.7 8.7 8.6 8.6 8.4 8.2 Denmark New Zeland Singapore Finland Sweden Canada Netherlands Australia Switzerland Norway 7 (Source: Transparency International, 2010)
  • 8.
    HIGHEST CORRUPTION COUNTRIES(1995) 3.5 3.18 2.99 3 2.79 2.78 2.77 2.7 2.66 2.5 2.25 2.16 2 1.94 1.5 1 0.5 0 Mexico Italy Thailand India Philipieness Brazil Venezuela Pakistan China Indonesia 8 (Source: Transparency International,1995)
  • 9.
    HIGHEST CORRUPTION COUNTRIES(2010) 2 1.9 1.8 1.8 1.7 1.6 1.6 1.6 1.6 1.5 1.4 1.4 1.4 1.2 1.1 1 0.8 0.6 0.4 0.2 0 9 (Source: Transparency International, 2010)
  • 10.
    CAUSES OF CORRUPTION  Regulations & Authorisation;  Taxation;  Spending Decisions;  Market pressure on MNC’s to make profits;  Financing of Parties.  Quality of Bureaucracy;  Level of public sector wages (Ratio of Developed and Undeveloped Countries);  Penalty systems;  Moral Hazard;  Transparency of rules, laws and processes and;  Examples by leadership. 10 (Source: IMF, 1998)
  • 11.
    ECONOMIC EFFECTS OFCORRUPTION (1) Corruption has a number of adverse consequences:  Exploitation of public system by entrepreneurs (increasing prices of products);  Productivity drain provided by lucrative opportunities of rent seeking rather productive work;  Monopolistic practices are encouraged, which hinders free market trade, thus reduces competition and limits the choice for consumers; (Source: IIE, 1998) 11
  • 12.
    ECONOMIC EFFECTS OFCORRUPTION (2)  Corruption may also bring about loss of tax revenue when it takes the form of tax evasion or the improper use of discretionary tax exemptions;  Creates distrust and loss of integrity in the system;  The allocation of public procurement contracts through a corrupt system may lead to inferior public infrastructure and services and;  Undermines economic and democratic developments. (Source: IIE, 1998) 12
  • 13.
    INDUSTRY’S OFTEN INVOLVEDIN CORRUPTION  Oil and Gas;  Mining;  Defence;  Telecommunications;  Transport Sectors and;  Infrastructure and Property Development. 13
  • 14.
    REMEDIES TO COMBATCORRUPTION Getting to work following bodies in unisom:  Serious Fraud Investigation Office (Enforcer);  Transparency International (Adviser);  The World Bank (Adviser)  OCED (Enforcer);  UN (Enforcer) and;  These are not the only bodies, there are other enforcement and advisory bodies that deal with corruption. COMBATING CORRUPTION = ADVISERS + ENFORCERS + LOCAL AUTHORITIES + COMPLIANCE BY INTERNATIONAL COMPANIES 14
  • 15.
    OECD CONVENTION ONCORRUPTION (1) In 1997, the member states of the OECD adopted the OECD convention on combating bribery of foreign public officials in international business transactions. Following are the articles of OECD convention:  The offence of bribery of foreign officials;  Responsibility of legal persons;  Sanctions;  Jurisdiction;  Enforcement;  Statute of Limitations;  Money laundering; (Source: Transparency International, 2010) 15
  • 16.
    OECD CONVENTION ONCORRUPTION (2)  Responsible Authorities;  Monitoring and follow-up;  Signature and Accession;  Entry into force;  Amendment;  Withdrawal;  Accounting and;  Extradition. (Source: Transparency International, 2010) 16
  • 17.
    CASE STUDIES  2G Spectrum Scam in India;  Bofors AB Howitzer Pay – Off Scandal in India;  Rio Tinto;  BAE Systems;  Panalpina Logistics and;  British American Tobacco. 17
  • 18.
    RECOMMENDATIONS  Governments should assign responsibility for foreign bribery cases to specialised staffs with adequate resources.  The OECD ministerial group should encourage China, India and Russia to join OECD convention. To achieve a level playing field all major exporters should play by the same rules.  To keep pace with changes in forms of corruption, increasing attention needs to be devoted to combating indirect forms of bribery such as the use of intermediaries, subsidiaries, contractual and joint venture partners.  The OECD ministerial working group should also, as soon as possible, begin to address unresolved issues and political loop-holes in the OECD convention and national implementing legislation, including bribe payments to political parties, lack of corporate criminal liability, inadequate statutes of limitations, and private to private corruption. 18 (Source: Transparency International, 2010)
  • 19.
    CONCLUSIONS  Recommendations from advisory bodies have been enforced by the organisations like OECD and UN;  According to CPI index the highest corruption countries have shifted from South America, Asia and some parts of Europe to Africa and Middle East and;  The notion of emerging markets and opportunities in (BRIC) countries helps in breeding the corruption in international business. 19
  • 20.
  • 21.
    REFERENCES (1)  BBC News. (2004). Shell Admits Fuelling Corruption In Nigeria. Available: http://news.bbc.co.uk/1/hi/3796375.stm. Last accessed 10 March 2011.  BS Reporter. (2010). Most of 2G Licences Given in 2008 Were Illegal. Available: http://www.business-standard.com/2gscam/news/most2g-licences-given-in-2008-were- illegal-cag/411374/. Last accessed 10 March 2011.  Indo - Asian News Service. (2011). Timeline of Bofors Scandal. Available: http://www.ndtv.com/article/india/timeline-of-bofors-scandal-76775. Last accessed 12 March 2011.  Johnston, Michael. (1997). Public Officials, Private Interests, and Sustainable Democracy: When Politics and Corruption Meet. Institute for International Economics. 0 (0), p - 61 - 82.  Mauro, P. (1998). The Effects of Corruption on Growth, Investment and Government Expenditure: A Cross Country Analysis. Institute for International Economics. 0 (0), p 86 - 87.  SFO, UK. (2010). Bribery and Corruption. Available: http://www.sfo.gov.uk/bribery-- corruption/bribery--corruption.aspx. Last accessed 15 March 2011.  Tanzi, V. (1998). Corruption Around the World: Causes, Consequences, Scope and Cures. International Monetary Fund - Fiscal Affairs Department. 0 (0), p 3 - 22. 21
  • 22.
    REFERENCES (2)  Tanzi, V. (1998). Corruption Around The World. IMF Staff Papers. 0 (0), p - 560.  The World Bank. (1999). Introduction to Corruption. Available: http://info.worldbank.org/etools/docs/library/35970/mod03.pdf. Last accessed 16 March 2011.  Transparency International. (2009). Progress Report 2009. OCED Anti-Bribery Convention. 0 (0), p 6 - 56.  Transparency International. (1995). Corruption Perception Index - 1995. Available: http://www.transparency.org/policy_research/surveys_indices/cpi/previous_cpi/cpi1995.p df. Last accessed 12 March 2011.  Transparency International. (2010). Corruption Perception Index - 2010. Available: http://www.transparency.org/policy_research/surveys_indices/cpi/2010. Last accessed 12 March 2011.  Wisenthal, J. (2009). Rio Tinto Accused of Massive Fraud and Spy Claims in China. Available: http://www.businessinsider.com/rio-tinto-accused-of-massive-fraud-and- espionage-in-china-2009-8. Last accessed 10 March 2011. 22