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Corruption and OECD
It would seem that occasionally foreign newspapers make ferocious attacks on
Italian moral and legal standards. But the fact is that they also make ferocious
attacks on moral and legal standards in their own countries. In our lessons we
have underlined that and given several examples of which the following is one (much
discussed during our meetings). The fight for legality cannot be chauvinistic; the English and American press
is a jealous guardian of legality both in their own countries and abroad (which
frequently includes Italy).
Wednesday
December 13, 2000
You bribe a foreign official to
give your company a contract. It works and you get the business. You escape
prosecution in Britain because corruption performed abroad is not illegal here.
Better still, the British government gives you a tax break because "commissions"
paid abroad are accepted as a deductible expense.
Not bad going, and in the fourth year of New Labour's tenure there is still
no action to change things. The tireless Clare Short made a big issue of
corruption in the Department of International Development's white paper on
globalisation this week, but much of her fire was directed at kickbacks taken by
foreign officials from their compatriots rather than from foreigners.
It is certainly true that poor people suffer most from corruption. In
developing countries and most of the so-called transition economies in the
former Soviet Union and eastern Europe, people often have to bribe teachers and
doctors to get services which are supposed to be free. Local police and judges
frequently want their palms greased. Foreign-donated medicines and other items
of aid disappear into private hands.
Most non-governmental organisations working in the third world have not made
enough of these scandals for fear of discrediting aid in general or making
reform look too difficult. So the Department for International Development's
focus on this prevalent but "petty" corruption is welcome.
The government is also promising to help countries tackle the "grand"
corruption involving politicians, senior officials, and businessmen. In last
week's Queen's speech, the government pledged to bring in a bill to strengthen
the law on money laundering and make it easier for countries to recover funds
which their leaders or officials acquired corruptly and deposited in British
banks. Yet for every Marcos, Milosevic, or Mobutu there is a British salesman or
senior executive who has offered cash illegally abroad. When is action going to
be taken in this country against them?
Britain's record is poor. Last summer the Organisation for Economic
Cooperation and Development reviewed the action rich countries had taken to
implement its 1997 anti-bribery convention. It found Britain was falling behind
almost everyone else. Although it had ratified the convention, it had no law
which explicitly criminalised bribery of foreign officials. When New Labour came
to power, it initially followed in its predecessor's footsteps in arguing that a
1906 statute on bribery at home implicitly covered bribery abroad. Yet in more
than 90 years there had not been a single prosecution under this law.
British companies are among the worst offenders. Some 37 of the 55 companies
which the World Bank publicly blacklists and has disbarred from participating in
its contracts because of evidence of corruption are domiciled in Britain.
Transparency International, which publishes a "bribe-payers' survey",
based on perceptions by business executives and professionals in the third world
of how foreign companies behave, confirms that bribes are most common in the
arms trade, public works and big infrastructure projects. British companies are
among the strongest players in all these sectors.
This summer the government accepted that a new law is needed to bring bribery
by Britons abroad under the jurisdiction of British courts and remove the
problem of "extra-territoriality". Ministers made all the right noises
in a discussion paper.
"Corruption is like a deadly virus. It has no boundaries. We need to
fight it wherever it is found," thundered Jack Straw, the home secretary.
"For too long dishonest individuals have profited at the expense of
undermining the integrity of professional and public life in this country. The
international business community increasingly realises that a culture of
corruption is a disincentive to investment and trade."
Richard Caborn, the trade minister, added his own controlled wrath: "The
government believes that bribery has no place in a modern economy. These
proposals demonstrate our determination to be at the forefront of international
efforts to stamp out bribery."
Yet the government continues to delay. It says the money-laundering bill
which it will publish this session will not be given time until the next
parliament. The same holds for its promised bill to tighten controls on the arms
trade. The anti-bribery bill is in even worse shape. There is no commitment even
to publish it this session, nor is drafting firmly on track within Whitehall to
have it ready for the next one.
The OECD's inter-governmental working group, which provides peer-group review
on compliance, came close to censuring Britain this autumn for this failure to
honour its convention obligations. "British companies could be considered
unsafe until new legislation is in force," said Professor Mark Pieth, the
Swiss lawyer who chairs it. At the time the OECD was fobbed off with the promise
that legislation was on the way. Now it has been delayed again, to the anger of
the US, France, and other countries which feel Britain is trying to steal
business through laxer standards.
The Department of Trade and Industry made one important advance this month
when it joined other OECD member states in agreeing on an action programme to
deter bribery in government-supported export credit transactions. From now on
the export credit and insurance agencies of OECD countries will demand signed
statements from companies applying for coverage, stating they will not engage in
bribery. If bribery is established, the agency will reject claims for
indemnification and refer the case to the judicial authorities. This could act
as a powerful deterrent, provided it is enforced.
Bribery is notoriously difficult to establish. The OECD guidelines recognise
that small "facilitation" payments to obtain licences in a foreign
country cannot realistically be pursued, although it declines to set a size
limit. When a sales commission amounts to a quarter or half of a contract's
value, the bells of suspicion must ring. Payments of this size cannot easily be
explained, if auditing procedures require them to be clarified.
When she introduced her white paper this week, Clare Short renewed the
government's pledge "to put our own house in order" by passing
anti-bribery legislation. Yet it remains blocked. If the problem is only that
parliamentary time is limited, there is no reason why clauses outlawing foreign
bribery could not be added to the bill the government is proposing on money
laundering.
The home secretary, the trade minister, and Clare Short all favour action. So
where are the forces of conservatism stopping progress? Is the problem the prime
minister and his wish to appear business-friendly at all costs? Jonathan Steele
Editoriali Intelligence Corso di perfezionamento Recensioni Summaries in English Scienze dell'Investigazione Bibliografia Forum Strumenti Cineteca Mappamondo Ultime notizie