Two recently published surveys on corporate corruption indicate that
while progress is being made toward a universal understanding of the
value of operating cleanly, there is still a long way to go before
companies completely embrace mechanisms to control bribery and
corruption.
In its annual report, KPMG, the global audit firm, noted that
“managing bribery and corruption risk continues to take center stage in
corporate boardrooms.” However, the data in its Global Anti-Bribery and Corruption Survey 2011
shows that just 47% of the companies surveyed (216 firms in the US and
UK) have a board “committee responsible for overseeing compliance with
anti-bribery and corruption regulations.” This indicates that while
policies and procedures may exist on paper there are too few eyes at the
top paying attention to whether these systems are actually
implemented.
Additionally, the KPMG study showed that a third of the firms believe
that anti-bribery programs are “an example of the governments imposing
costly and excessive requirements” on companies. This exposes 1) a
complete disregard of the cost to companies and consumers that results
from having to pay bribes to secure business and 2) a seeming
willingness to participate in the practice.
In a much larger survey conducted by the UN Global Compact,
anti-corruption policies are lagging in many companies across the
globe. In its Annual Review 2010,
which was released in May, 1,251 companies from 103 nations responded
to a range of questions on a variety of corporate governance issues
including anti-corruption efforts. The survey showed that while 70% of
firms have a code of conduct in place to address corruption, efforts to
police themselves rarely go much further. Indeed, the report notes that
few firms “are enacting important policies with respect to limiting the
value of gifts (38%), donations to charitable organizations (32%) and
publicizing political donations (10%).”
But while these surveys are welcome additions to the literature on
the issue, one needs only to read the daily newspaper to garner an
understanding of the challenges still ahead. Indeed, last year the US
Justice Department handed down eight of the largest fines ever given for
violations of the Foreign Corrupt Practices Act. The firms found to be
in violation of the act last year are a veritable “who’s who” of the
business community including BAE ($400 million), Daimler ($185 million)
and Alcatel-Lucent ($137 million). Add to that the $160 million fine Wachovia paid for laundering Mexican drug profits and the $780 million fine paid by UBS in 2009 to settle a tax evasion case, and it becomes abundantly clear that many firms don’t practice what they preach.
An even closer read of the stories behind these fines shows that
seldom do they make a significant dent in the profits of the firms
involved and rarely does anyone go to jail. And if there ever is any
investor angst in reaction to charges of wrongdoing—as could be seen in a
drop of a company’s stock price—it is fleeting. Perhaps the quickest
way to drive home the point that corruption will be given no quarter is
to have cold steel clicked around the wrists of an increasing number of
corporate executives.
Tom Cardamone is Managing Director of Global Financial Integrity a Washington, DC-based research and advocacy organization.