mercoledì 28 gennaio 2015

A Critical Analysis of Corporate Corruption [Essay]



A critical analysis of corporate corruption

 by 
Alessandro D'Alessio

Corporate corruption is a specific type of crime that concerns the business sector and involves firms or firms’ employees who, in their business relations with public officials and looking for advantages for themselves (or any third party), behave in a way that “promotes the violation of law or abuse of power on the part of government official”[1].

There are different degrees of vulnerability, the skill to resist pressures, and exposure, the amount of pressures determined by exogenous factors, of firms. Indeed, companies are generally more vulnerable when they have less political or financial resources and more exposed to public corruption when there is a great pervasiveness of the phenomenon at a national level. So, according to the residual control theory[2], the more vulnerable and exposed companies are, the more likely they are to bribe government officials. Researches show that generally corruption is influenced by culture, poverty as well as by local and multilateral policies and other factors but the reason why firms, on their side, engage in corrupt acts, among themselves or with government officials, is often because unethical behaviour is seen as acceptable and normal, becoming an unwritten rule of competition[3].
So both the dimension of public sector corruption and the environment a firm is in influence firms’ exposure to corruption and can be considered as fundamental predictors.

There are three more features that can be used as predictors of firms’ vulnerability and extent of bribes paid to government officials: state ownership, government regulation and foreign ownership.
When the company is a state owned enterprise, the government is the one having full residual rights of control[4]. The head manager leading the state owned firm is part of the government apparatus sharing similar objectives with it; so his goal is not to maximise profits but to fit the apparatus purposes. According to Herrera and Rodriguez the frequency of bribes declines when firms can achieve an appropriate treatment without paying bribes[5]. In this case government officials usually ask for jobs to be provided for family members and, in addition to this, state-owned firms often employ retired government officials.
In the end private sector companies are more prone to corruption than the state-owned ones also because the former generally have a larger money flow.

As to the second aspect, the government regulation, it’s important to observe that the bargaining power of officials is another important characteristic that defines their relationship with firms because when such power is prevalent they demand bribes from firms even though they weigh costs (size of the penalty and the probability of being caught) and benefits that are generally private. On the other side companies’ consent to pay bribes, as well as their size, is influenced by their perception of the benefits furnished by government officials.
Sometimes, however, the bribe bargain may not be viable for firms because of officials’ failures in delivering commitments, requests for new bribes or because of governments’ implementation of policies that punish bribe payers too, like the U.S. Foreign Corrupt Practices Act (FCPA), which could consist in unsustainable costs for companies. This situation upholds the creation of a market of bribes composed of suppliers, firms, demanders and government officials. Both firms’ vulnerability and exposure to corruption have a huge influence on the size of the bribe paid, even though their degree can deeply differ from country to country[6]. When enterprises have greater bargaining power they are less vulnerable to corruption and government officials usually demand fewer bribes.
In general terms, the reduction of this kind of corruption can be achieved by developing clear laws and procedures. For example, an automatic fiscal exemption may avoid a huge amount of corruption compared to a more complex (and, in abstract, targeted) procedure that provides incentives to firms on the base of more judgemental conditions. Clear rules should also prevent conflict of interests, that can influence individuals’ judgements in the accomplishment of their responsibilities, as well as establishing codes of conduct that regulate gifts and hospitality[7]. The adoption of a proactive behaviour through guides for anti-corruption risk assessments along with transparency and open data in public procurements, on their side, can help reducing the corruption of firms as well as the establishment of rotation criteria for the personnel involved in particular risky sectors.

A high percentage of foreign ownership causes the bargaining power of the firms to rise because they are less embedded in the environment, they have alternative investment opportunities and, having different cultural backgrounds, they don’t know who and how much to bribe. The Bribe Payers Index (BPI) provided by Transparency International (TI) confirms this tendency showing also that local firms are more likely to bribe than multinational ones[8].

The dimension is an important characteristic of corruption. “Petty” corruption is a small scale, bureaucratic form of corruption that takes place when public officials meet the public and since the payers are entitled to what they demand, there is no real injustice towards them, even though moral and legal issues may rise. Small payments compose the so-called facilitating payments, also known as speed money or democratic corruption, and they are used particularly to expedite the working of the bureaucratic machine or to circumvent specific rules. Such form of corruption can cause detrimental effects on the functioning of the bureaucracy and, in the long-term, they add costs to citizens and companies[9].

On the other side “grand” corruption takes place at the highest levels of the public sphere where the formulation of policies and rules occurs[10]. This form of corruption is justified through a series of considerations: first of all paying bribes causes benefits to the firm, for example it can assure the award of contracts or it can put firms in a position where they can modify terms of contracts as well as the regulatory environment; “grand” corruption occurs when the risks of a legal punishment or reputational damage are considered to be low enough to justify the illegal action and, more generally, companies justify their conduct in the name of the creation of economic value.
The costs of this type of corruption are incredibly high since it can reduce competitiveness through the introduction of inefficiencies, lower the efficiency of production and threaten the functioning of nations. Legal fees, penalties and public relations efforts redirect important resources from the core business and lead to an inefficient use of company funds and personnel. Investors may avoid doing business with companies that are known for corruption, thus leading to an inefficient allocation of resources. Consumers, on their side, pay the costs of corruption when purchasing goods and services. Moreover, resources are spent to finance government agencies, police departments as well as internal investigators and corruption fuels the black market and criminal activities as well. In brief, market competition is seriously affected by corruption because those firms that are more prone to it tend to be favoured. Empirical studies demonstrate that corruption occurs more where there are higher levels of public investment (as a share of GDP)[11] and corrupt officials, on their side, are more likely to support “white elephant” projects rather than promoting economic development. A possible solution could be the privatisation, consisting in eliminating particular assets from state control even though the process itself contains many opportunities for bribery[12].

S. Rose-Ackerman points out that even if corporations have legal personalities (and so according to some commentators this means they have no moral obligations) they still have ethical responsibilities. Some corporations’ most common excuse is that a corrupt act is a necessary, or even compulsory, action taken under certain circumstances; actually such actions are related only to the profitability of firms, showing no concern for moral issues.

In order to be fully effective, anti-corruption efforts need to be strongly linked with the maximisation of profit and top managers have to believe in the idea that controlling corruption is in the interest of their firm. This is partially achievable through corporate guidelines and policies against corruption as well as the assurance of high standards of personal morality for individual managers[13].

Another important issue is the moral awareness of entrepreneurs. Some researches[14] [15] show that there’s a lot of heterogeneity in their sensitivity to ethical issues and that there is a relationship between social cognitive dynamics and ethical cognition. Some dilemmas can arise for entrepreneurs from external pressures, like scarcity of resources, or problems involving their personal values and ethical standards[16].
The so-called “ethical blindness” is also frequent and it can be defined as a “decision maker’s temporary inability to see the ethical dimension of a decision at stake”[17]. The key aspects of this phenomenon are that it’s unconscious, temporary, context bound and that the decision maker deviates from his own principles. “Ethical blindness” can be caused by authority pressure, strong routines, targets and objectives as well as criteria for career.
Moreover enterprises have to consider that personnel with strong norms of personal morality are less likely to be corrupt but it’s often not enough when related to the logic of the market. Indeed there can be conflicts between profit and people’s values, that’s why more policies have to be implemented by firms and governments in this sense.
It’s fundamental for enterprises to enforce also some forms of organisational trust in order to have more confident, secure and motivated employees that would be, on the contrary, just cynical and inefficient[18].

On its side, the capitalistic system has been accused of being strongly linked with corruption and unethical behaviour. Noam Chomsky, philosopher and father of modern linguistics[19], asserted that capitalism is corrupted by definition and fits with the denomination “crony capitalism”, a system where the economic and political power are used to collaborate with one another, leading to distorted mechanisms of state interventionism[20]. Although this point of view may appear to be cynical, Adam Smith (1776), referring to England, observed that during the transition from feudal economy to mercantilism the complex net of relationships between economic and political actors was still perfectly preserved[21], showing that some forms of collaboration have always existed as well as corruption itself, also because, however, it’s important to underline that there are no real evidences about other alternative corrupt-free systems.

Analysing the current economic system can be helpful in order to understand those aspects that lead to corrupt activities and which areas of the world are more vulnerable.
Our era is characterised by global capitalism, a system developed in the 1970s after the end of the Bretton Woods system[22] and the 1973 oil crisis. The main characteristics of this period are mostly: a reduction of economic interventionism and an increasing internationalisation of the economy, called “globalisation”.
On the one hand the globalisation process allowed countries like India and China (but also Brazil and South Africa) to launch poverty reduction measures, even though this didn’t translate in a reduction of inequality. On the other hand such process doesn’t seem to produce positive effects on the African continent where, in the last few years, even an impoverishment has been recorded in some areas. This is due to a series of factors like the destruction of local farming (replaced by new ones, imposed by colonisers) as well as the lack of technologies, machineries and entrepreneurial attitude[23]. This is where corporate corruption makes its entrance since it is strongly linked with vulnerability and poverty, typical features of many developing countries, especially the African ones.
Some recent cases, regarding multinational companies exploiting and bribing weak governments, can be useful to understand such situations: for example the TSKJ consortium, a group of four enterprises including Snamprogetti Netherlands BV controlled by Eni S.p.A. (an Italian multinational oil and gas company), paid a bribe of $180 million to Nigerian officials and politicians (from 1994 to 2004) to build gas plant's liquefaction and purification facilities in the south region of the country. The former president of Nigeria Obasanjo was bribed for $23 million while the bloody dictator Sani Abacha put in his pocket $45 million[24]. This case puts in evidence how tackling international corruption can be tricky because it often involves high profile politicians or dictators of non-democratic countries. In a situation where the absence of local control powers is widespread, the role of the international community becomes fundamental. In the case described above, for example, the illegal activities were disclosed and Eni accepted to pay $240 million to the United States Department of Justice and $125 million to settle a U.S. Securities and Exchange Commission case[25].
Sometimes multinational companies are also responsible for heavy environmental damages and violation of human rights related to the health of people living nearby their structures, experiencing oil emissions, discharge of waste as well as the phenomenon known as “gas flaring”[26]. In the absence of local and international measures, sometimes there is only the weak voice of single protesters who are on the front line against corruption in third world countries. An important case regarded Ken Saro Wiwa, Nigerian writer, television producer and activist, who was executed in 1995 while at the peak of his non-violent protest against the environmental degradation caused by oil companies like Shell in the Niger Delta. A couple of months after his death the Managing Director of Shell Nigeria admitted that a “black hole of corruption” existed in Shell’s Nigerian operations[27]. Indeed the company was then accused of taking part in human rights abuses by the United States District Court for the Southern District of New York and it accepted to pay $15,5 million to the families of the victims[28]. 
Corporate corruption can lead to serious consequences (including death) also because the maximisation of profit turns out to be a goal to reach with no consideration of laws and rights especially in places where governments are more prone to corruption and the rule of law is not really effective.

Another indicative case, describing how international corruption works, concerns Siemens, the Europe’s largest multinational engineering and electronics conglomerate company. The corporation was accused of corruption and false accounting in 2006. According to U.S. Assistant Attorney General that announced Siemens pleaded guilty to corruption, from the 1990s to the 2000s, the company “engaged in a systematic and widespread effort to make and to hide hundreds of millions of dollars in bribe payments across the globe... Bribery was nothing less than standard operating procedure for Siemens”[29]. Linda Thomsen, Director of Enforcement for the U.S. Securities and Exchange Commission, affirmed that Siemens' model of bribery was “unprecedented in scale and geography” and that “the scope of the bribery scheme is astonishing, and the tone set at the top at Siemens was a corporate culture in which bribery was tolerated and even rewarded at the highest levels of the company.” She also added that “when any company circumvents the rules of fair play and honest competition by making improper payments to win business, it will face a strong and united front from law enforcement around the globe.”[30] [31]
Many companies, overwhelmed by scandals, decided to react through important anti-corruption changes and internal policies in order to limit the risk of further fees and legal expenses as well as to regain their reputation[32] [33].
As to the first aspect it is worth noticing that, at least in certain countries, once disclosed, corruption may be a bad affair. In the case of Siemens mentioned above, in the end the company agreed to pay $1,6 billion in fines to U.S. and German authorities, $450 million of which to the United States Department of Justice and $350 million to the U.S. Securities and Exchange Commission. The United States, however, claimed partial jurisdiction only in 2001 when Siemens became listed on the New York Stock Exchange and thus it was subject to American financial laws and regulations. Moreover the company had to pay additional fines since prosecutors in Munich made a deal which would cost to Siemens another $540 million[34].
Immediate actions are usually taken within the company itself through independent investigations, monitoring of cases, centralisation of payments and bank accounts and tone at the top[35]. As for example in the case of Siemens, a year after the scandal the implementation phase began through the creation of a comprehensive compliance programme based on prevention, detection and response; Siemens managed to implement also effective global compliance organisation and processes as well as anti-corruption training for managers. The efforts to solve the case continued in 2010 through compliance tools and simplification of processes, compliance incentive system, NGOs cooperation, collective market approach, settlement with DOJ/SEC[36] and appointment of a Monitor as well as extended scope of compliance and the creation of a culture of integrity.

The Siemens case and the other ones I mentioned were disclosed thanks to the United States Foreign Corrupt Practices Act (FCPA). This law was established in 1977 and punishes U.S. companies and persons forbidden to pay foreign officials to “assist in obtaining or retaining business”. Since 1998 the law applies also to “foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States”[37].
The origins of the FCPA can be traced to the Watergate hearings and its primary goal is to reduce or eliminate illicit bribes made by US companies to foreign officials. In 2009 investigations under the FCPA resulted in corporations in the UK, Germany, France and United States paying over $1 billion in settlements or fines. However from enactment to 1998 only 25 cases were investigated resulting in $35,2 million total fines while since January 2007 more than 64 cases has been examined[38]. Accounting provisions require accurate books and records including documented decision processes, accurate description of gifts and hospitality, accurate description of intermediaries and their services. They also need to have an adequate system of internal accounting controls, transparent financial transactions, segregation of duties and proper approval limits.

There are several other anti-corruption measures taken by states to tackle corruption in the business sector and more than a hundred countries already have laws that prohibit local government officials from accepting bribes.

Among these there is the UK Bribery Act (UKBA) that is effective from July 2011 and created four prime offences: two general offences consisting of “offering, promising or giving an advantage” and “requesting, agreeing to receive, or accepting of an advantage”; two more specific offences which are “bribery of a foreign public official” and “a commercial organisation failing to prevent a bribe being paid – which can be defended by showing adequate procedures were in place to prevent bribery”[39]. The penalties for individuals provided by the UKBA are up to 10 years imprisonment and/or unlimited fine while companies risk to face unlimited fine and/or perpetual debarment for competing for public contracts[40].
The UKBA punishes facilitation payments too, going even further than the American act since this latter doesn’t always cover them; the Bribery Act expect also companies to have more strict anti-bribery programmes that, on the contrary, may be compliant with the FCPA[41].

On its side, the OECD (Organisation for Economic Cooperation and Development) Anti-Bribery Convention[42] came into force in 1997 and establishes “standards to criminalise bribery of foreign public officials in international business transactions”[43]. This convention was the first anti-corruption measure taken at the international level and it was specifically focused on the “supply side” of the illegal transactions.
On the other side the United Nation Convention Against Corruption (UNCAC) wants State Parties to provide instruments capable of preventing public sector corruption as well as adequate legal provisions to criminalise it[44]. The UNCAC presents many similarities with the OECD Anti-Bribery Convention but also some differences especially because the former includes provisions about criminalisation and prevention of private sector bribery (promise and solicitation of bribes as well).
However such conventions only require State Parties to implement these policies but have no real authority to impose them[45]. So it’s up to every single nation to create effective instruments in order to tackle corruption.

Other actions taken against corruption in business are the Criminal Law Convention on Corruption, a treaty elaborated by the Council of Europe[46]; the International Anti-Bribery and Competition Law, provisions implemented by Germany[47]; the Sarbanes-Oxley-Act, a United States federal law that establishes new standards for all U.S. public company boards, management and public accounting firms[48].

International and private organisations as well as many NGOs create anti-corruption initiatives on their own.
For example the Business and Industry Advisory Committee (BIAC), the official representative of the OECD business community, is an independent organisation founded in 1962. Members of the committee are the most important business organisations in the OECD member countries and the BIAC Task Force on Anti-Bribery and Corruption has produced an “Anti-Bribery Resource Guide” that includes a list of anti-corruption instruments which specifies legally binding obligations on firms and states[49].
In order to bring together companies with UN-agencies, the United Nations created an initiative called “The Global Compact” adopting a specific extra principle in 2004 underlining that businesses have to work against corruption in all its forms[50].
The International Chamber of Commerce (ICC) tackles corruption through “Rules of Conduct and Recommendations to Combat Extortion and Bribery” that can be used as company policies. One of the core institutes of the National Endowment for Democracy, the Centre for International Private Enterprise (CIPE) has a programme that covers many different areas such as anti-corruption, advocacy and business association but also democratic governance, access to information, women and youth[51].

Among other important initiatives there is the one implemented by Transparency International (TI) called “Business Principles for Countering Bribery” providing guidance for enterprises in developing anti-bribery programmes[52]; the “World Bank Listing of Ineligible Firms” provides a list of firms that cannot have access to World Bank-financed contracts because of violations of the Procurement Guidelines or the Consultants Guidelines[53]; the “European Union Directive on Public Procurement” (Article 45) states that firms guilty of corruption cannot participate in public tendering[54]; the “Stolen Asset Recovery Initiative” (StAR), a partnership between the World Bank Group and the United Nations Offices on Drugs and Crime (UNODC), focuses on international efforts to avoid safe havens for corrupt funds[55].

In conclusion, facts show that corporate corruption reveals a series of deficiencies of a wide and controversial globalisation process and this explains why an international approach is a necessary and fundamental step. The most vulnerable nations, but not exclusively, are often victims of distorted mechanisms within capitalism, that can be found in the geopolitical practice of the “neo-colonialism”, which not only includes a strong economic influence but also socio-political forms of control. This phenomenon is more frequent in West African countries like Senegal, Guinea-Bissau and Nigeria causing negative effects on economic growth and on the every day life of populations. Corporate corruption affects also the developed world, sometimes involving organised crime interests too[56].
The results of the “Dow Jones’ Anti-Corruption Survey 2014” show that Western Europe companies lead over the others in terms of incidence of anti-corruption programmes; the survey specifies also that, in most cases, those firms that have not implemented such programmes justify themselves affirming that there are other policies that already cover anti-corruption issues[57].
Moreover, according to the International Chamber of Commerce, the number of companies that consider integrity as a fundamental feature in business is increasing, approaching corporate responsibility and corruption prevention as part of their global policies[58].
Even though scandals continue to occur, in the last few years many national and international actors have taken action against corporate corruption enabling the creation of a general feeling but also understanding that it’s something extremely detrimental to companies and citizens. The actual results of international and local anti-corruption policies are not always clear and univocal but in some cases, like the UKBA one created only a few years ago, it may take some time before evaluating whether they are really effective and useful.




 

Bibliography


Argandona A., (2005), “Corruption and Companies: The Use of Facilitating Payments”, Journal of Business Ethics (2005) 60: 251–264, @Springer 2005 DOI 10.1007/s10551-005-0133-4.

Association of Corporate Counsel
http://www.acc.com/legalresources/quickcounsel/ukbafcpa.cfm#FPB, 18/6/14.

BIAC-The Voice of OECD Business
http://www.biac.org/aboutus.htm, 14/7/14.

Bixby, Michael B.. (2010). "The Lion Awakens: The Foreign Corrupt Practices Act - 1977 to 2010". San Diego International Law Journal, 12(1), 89-146.

Bryant, P., (2009), “Self-Regulation and Moral Awareness among Entrepreneurs", Journal of Business Venturing 24, 505–518 (this issue).

Business anti-corruption portal
http://www.business-anti-corruption.com/about/about-corruption/united-nations-convention-against-corruption.aspx, 18/6/14.

Collins D. J., Uhlenbruck K., Rodriguez P., (2009), “Why Firms Engage in Corruption: A Top Management Perspective”, Journal of Business Ethics (2009) 87:89–108 DOI 10.1007/s10551-008-9872-3

Criminal Law Convention on Corruption
http://conventions.coe.int/Treaty/en/Summaries/Html/173.htm, 19/6/14.

Department of Justice
http://www.justice.gov/opa/pr/2008/December/08-opa-1112.html, 19/6/14

Dow Jones Anti-Corruption Survey Results 2014
http://images.dowjones.com/company/wp-content/uploads/sites/15/2014/04/Anti-Corruption-Survey-Results-2014.pdf, 23/6/14.

European Union Directive on Public Procurement (Article 45)
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.094.01.0065.01.ENG, 11/7/14.

Foreign Corrupt Practices Act/Anti-bribery provisions
http://acfcs.org/wp-content/uploads/2012/05/FCPA-DoJ-Laypersons-Guide.pdf, 16/6/14.

Foss, K., & Foss, N., (1999), “Understanding ownership: Residual rights of control and appropriable control rights”, Working paper. DRUID Working Paper No. 99-4.

Garred J., “Overcoming corruption in multi-national companies; the case of Siemens”, University of Sussex 16th October 2013.

Grossman, S., & Hart, H. (1986), “The costs and benefits of ownership: A theory of lateral and vertical integration” Journal of Political Economy, 94(4), p. 778–781.

Herrera, A., & Rodriguez, P., (2003), Bribery and the nature of corruption. Working paper. Darden School of Business, University of Virginia.

Il Fatto Quotidiano
http://www.ilfattoquotidiano.it/2010/07/08/corruzione-in-nigeria-eni-paga-365-milioni-per-non-essere-condannata/37941/, 16/6/14.

International Chamber of Commerce
http://www.iccwbo.org/advocacy-codes-and-rules/areas-of-work/corporate-responsibility-and-anti-corruption/, 23/6/14.

International Chamber of Commerce, (2011), “ICC Rules on Combating Corruption 2011 edition”, prepared by the ICC Commission on Corporate Responsibility and Anti-Corruption.

Investopedia.com
http://www.investopedia.com/terms/b/brettonwoodsagreement.asp, 14/7/14.

Kimmel, PhD, CPA, Paul D.; Weygandt, PhD, CPA, Jerry J.; Kieso, PhD, CPA, Donald E., (2011), “Financial Accounting, 6th Edition. Wiley”. ISBN 978-0-470-53477-9.

Legislation.gov.uk
http://www.legislation.gov.uk/ukpga/2010/23/contents, 17/6/14.

Margalit F., (December 5, 1998), "A Changed Noam Chomsky Simplifies". New York Times. Retrieved August 2, 2008. "... Noam Chomsky, father of modern linguistics and the field's most influential practitioner."

M. E. Haquea, R. Knellerb, (2007), “Public Investment and Growth: The Role of Corruption, a Centre for Growth and Business Cycles Research, and Economic Studies, The University of Manchester, Leverhulme Centre for Globalization and Economic Policy and School of Economics, The University of Nottingham.

Modernization of the German Anti-Corruption Criminal Law by International Legal Provisions

National Association of Attorneys General
http://www.naag.org/corporate-corruption.php, 2/7/14

OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

Palazzo, G., Krings, F. & Hoffrage, U., (2012), “Ethical blindness”. Journal of Business Ethics, 109: 323–338.

Payne, D., Joyner, B., (2006), “Successful U.S. entrepreneurs: identifying ethical decision-making and social responsibility behaviours”, Journal of Business Ethics 65 (3), 203–217.

Remember Saro-Wiwa.com
http://remembersarowiwa.com/background/after-the-death-of-ken-saro-wiwa/, 24/6/14.

Reynolds, S., (2006), “Moral awareness and ethical predispositions: investigating the role of individual differences in the recognition of moral issues”, Journal of Applied Psychology 91 (1), 233–243.

Settles D. J., (1996), “The Impact of Colonialism on African Economic Development”, University of Tennessee Honors Thesis Projects.

Siemens Compliance System Track Record and Challenges
https://www.surrey.ac.uk/corruption/files/John-Garred-Siemens-Compliance-System.pdf, 19/6/14

Spiegel Online International
http://www.spiegel.de/international/germany/sicilian-mafia-infiltrates-german-construction-business-a-963194.html, 23/6/14.

S. Rose-Ackerman, (2002), “Grand corruption and the ethics of global business”, Journal of Banking and Finance 26, 6-7.

Stolen Asset Recovery Initiative
http://siteresources.worldbank.org/NEWS/Resources/Star-rep-full.pdf, 11/7/14.

Strangio D., (2011), “Da colonie a Paesi in via di Sviluppo. L’evoluzione dei sistemi economici dalla colonizzazione alla globalizzazione”, Mondadori Università, Sapienza Università di Roma.

The New York Times
http://www.nytimes.com/2009/06/09/business/global/09shell.html?_r=2&partner=rss&emc=rss&, 24/6/14.

http://www.nytimes.com/2008/12/16/business/worldbusiness/16siemens.html, 15/6/14.

Transparency International, 2011 Bribe Payers Index Report, http://files.transparency.org/content/download/98/395/2011_BPI_EN.pdf, 24/6/14.

Transparency International “Business Principles for Countering Bribery”
http://www.transparency.org/whatwedo/tools/business_principles_for_countering_bribery, 11/7/14.

UNGlobalCompact.org
http://www.unglobalcompact.org/AboutTheGC/index.html, 14/7/14.

United Nations Convention against Corruption

UpStream The International Oil & Gas Newspaper
http://www.upstreamonline.com/live/article1196586.ece, 16/6/14.

U.S. Securities and Exchange Commission
http://www.sec.gov/news/press/2011/2011-263.htm, 15/6/14

Walker J., (2008), “Black Faces in Limousines: A Conversation with Noam Chomsky”, 14 November.

World Bank Listing of Ineligible Firms & Individuals
http://web.worldbank.org/external/default/main?theSitePK=84266&contentMDK=64069844&menuPK=116730&pagePK=64148989&piPK=64148984, 11/7/14.


[2] Grossman, S., & Hart, H. (1986), “The costs and benefits of ownership: A theory of lateral and vertical integration” Journal of Political Economy, 94(4), 691–719.
[3] Collins D. J., Uhlenbruck K., Rodriguez P., (2009), “Why Firms Engage in Corruption: A Top Management Perspective”, Journal of Business Ethics (2009) 87:89–108 DOI 10.1007/s10551-008-9872-3.
[4] “The rights to determine the uses of assets under circumstances that are not covered by contractual terms”, Foss, K., & Foss, N., (1999), “Understanding ownership: Residual rights of control and appropriable control rights”, Working paper. DRUID Working Paper No. 99-4.
[5] Herrera, A., & Rodriguez, P., (2003), Bribery and the nature of corruption. Working paper. Darden School of Business, University of Virginia.
[6] Grossman, S., & Hart, H. (1986), “The costs and benefits of ownership: A theory of lateral and vertical integration” Journal of Political Economy, 94(4), p. 778–781.
[7] International Chamber of Commerce, (2011), “ICC Rules on Combating Corruption 2011 edition”, prepared by the ICC Commission on Corporate Responsibility and Anti-Corruption.
[8] Transparency International, 2011 Bribe Payers Index Report, http://files.transparency.org/content/download/98/395/2011_BPI_EN.pdf, 24/6/14.
[9] Argandona A., (2005), “Corruption and Companies: The Use of Facilitating Payments”, Journal of Business Ethics (2005) 60: 251–264, @Springer 2005 DOI 10.1007/s10551-005-0133-4.
[10] S. Rose-Ackerman, (2002), “Grand corruption and the ethics of global business”, Journal of Banking and Finance 26, 1-2.
[11] M. E. Haquea, R. Knellerb, (2007), “Public Investment and Growth: The Role of Corruption, a Centre for Growth and Business Cycles Research, and Economic Studies, The University of Manchester, Leverhulme Centre for Globalization and Economic Policy and School of Economics, The University of Nottingham.
[12] S. Rose-Ackerman, (2002), “Grand corruption and the ethics of global business”, Journal of Banking and Finance 26.
[13] S. Rose-Ackerman, (2002), “Grand corruption and the ethics of global business”, Journal of Banking and Finance 26, 6-7.
[14] Reynolds, S., (2006), “Moral awareness and ethical predispositions: investigating the role of individual differences in the recognition of moral issues”, Journal of Applied Psychology 91 (1), 233–243.
[15] Bryant, P., (2009), “Self-Regulation and Moral Awareness among Entrepreneurs", Journal of Business Venturing 24, 505–518 (this issue).
[16] Payne, D., Joyner, B., (2006), “Successful U.S. entrepreneurs: identifying ethical decision-making and social responsibility behaviours”, Journal of Business Ethics 65 (3), 203–217.
[17] Palazzo, G., Krings, F. & Hoffrage, U., (2012), “Ethical blindness”. Journal of Business Ethics, 109: 323–338.
[18] Garred J., (2013), “Overcoming corruption in multinational companies; the case of Siemens”, University of Sussex 16th October 2013.
[19] F. Margalit (December 5, 1998). "A Changed Noam Chomsky Simplifies". New York Times. Retrieved August 2, 2008. "... Noam Chomsky, father of modern linguistics and the field's most influential practitioner."
[20] Walker J., (2008), “Black Faces in Limousines: A Conversation with Noam Chomsky”, 14 November.
[21] Strangio D., (2011), “Da colonie a Paesi in via di Sviluppo. L’evoluzione dei sistemi economici dalla colonizzazione alla globalizzazione”, Mondadori Università, Sapienza Università di Roma.
[22] “A landmark system for monetary and exchange rate management established in 1944. The Bretton Woods Agreement was developed at the United Nations Monetary and Financial Conference held in Bretton Woods, New Hampshire, from July 1 to July 22, 1944.”, http://www.investopedia.com/terms/b/brettonwoodsagreement.asp, 14/7/14.
[23] Settles D. J., (1996), “The Impact of Colonialism on African Economic Development”, University of Tennessee Honors Thesis Projects.
[26] Gas flaring is a gas combustion device used by companies to reduce extraction costs and it’s generally considered to be unacceptable (in Europe 99% of gas is reused or put back in the subsoil). According to Amnesty International some young children living in the Delta State in Nigeria have never experienced the darkness of the night since these gases burn 24 hours a day.
[31] Transactions where Siemens paid bribes were: metro trains and signalling devices in China, mobile telephones in Bangladesh, refineries in Mexico, national ID cards in Argentina (http://www.sec.gov/news/press/2011/2011-263.htm, 15/6/14) and traffic control systems in Russia; a total of $1,4 billion were used to bribe government officials in return for business. In 2007 Peter Löscher, President and CEO of Siemens AG, stated that the leaders of the organisation “must be able to combine two twin elements to say I’m going for highest performance with highest ethics” (Garred J., “Overcoming corruption in multi-national companies; the case of Siemens”, University of Sussex 16th October 2013, p. 23.)
[32] For example the 2009-2011 Toyota vehicle recalls.
[33] Garred J., “Overcoming corruption in multi-national companies; the case of Siemens”, University of Sussex 16th October 2013, p. 22.
[35] Term that originated in the field of accounting and is used to describe an organisation's general ethical climate.
[36] DOJ= Department of Justice / SEC= Securities and Exchange Commission.
[38] Bixby, Michael B.. (2010). "The Lion Awakens: The Foreign Corrupt Practices Act - 1977 to 2010". San Diego International Law Journal, 12(1), 89-146.
[40] Garred J., “Overcoming corruption in multi-national companies; the case of Siemens”, University of Sussex 16th October 2013, p.9.
[42] Officially “Convention on Combating Bribery of Foreign Public Officials in International Business Transactions”.
[48] Kimmel, PhD, CPA, Paul D.; Weygandt, PhD, CPA, Jerry J.; Kieso, PhD, CPA, Donald E., (2011), “Financial Accounting, 6th Edition. Wiley”. ISBN 978-0-470-53477-9.

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