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July 07, 2007

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Anon

I will acknowledge that you are almost certainly correct that bribes are a serious problem in India (and in most of the developing world). However, if one really cares about India's development, doesn't giving in and making bribes perpetuate the problem?

Also, I think it is critical, given the US government's recent efforts to enforce the Foreign Corrupt Practices Act (FCPA), to understand what types of "facilitation payments" are legal and which are not. Any company, that allows bribing without drawing a bright line between those that are legal and those that are not, is placing itself and its employees in a very risky position. And, even if the company allowed bribes to take place, the individual making the bribes will often end up in jail (depending on their size, frequency, etc.)

Here's a link to part of the FCPA:
http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000078--dd002-.html

Brandi Moore

In principal a company should not be promoting and facilitating the act of bribery. But, these opinions are based from a cultural view that stems from living in a society that does not have a wide spread bribery network. There are many many countries in the world where bribes are common place---getting pulled over by a traffic cop in Russia there is no expectation that a ticket will ever be written, rather cash payment is expected. Getting through customs in Nigeria when the agent starts eying your glasses (excuse the pun) and you are suddenly in a decision point of do I want to get out of here or do I want my glasses?

Is bribery right? No. Does bribery exist across the world, especially in third world countries? Absolutely. It becomes the choice of the person involved as to whether they want to make something happen or rest on their puritan laurels. Ironically, US firms are constantly in a quandary here because their cultural objective is to be successful in a way that is efficient--faster and cheaper than anyone else. How do they do it in the third world? By allow bribes to take place in foreign countries while they turn their heads or they wash their hands entirely and run their operation through a third party.

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