CLEAN BUSINESS IS GOOD BUSINESS

Clean Business Is Good Business

The Business Case against Corruption
A joint publication by the International Chamber of Commerce,
Transparency International, the United Nations Global Compact and the
World Economic Forum Partnering Against Corruption Initiative (PACI).


Facts and Figures*
Corruption, the abuse of entrusted power for private gain,
is the single greatest obstacle to economic and social
development around the world. It distorts markets, stifles
economic growth, debases democracy and undermines
the rule of law.
•
Estimates show that the cost of corruption equals
more than 5% of global GDP (US $2.6 trillion), with
over US $1 trillion paid in bribes each year.
•
Corruption adds up to 10% to the total cost of doing
business globally, and up to 25% to the cost of
procurement contracts in developing countries.
•
Moving business from a country with a low level of
corruption to a country with medium or high levels of
corruption is found to be equivalent to a 20% tax on
foreign business.
International Law
The international legal framework that companies are
facing is changing fast and has been strengthened during
recent years. It now includes the following
intergovernmental instruments:
•
Inter-American Convention Against Corruption (1996)
•
OECD Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions (1997)
•
European Union Instruments on Corruption
•
Council of Europe Conventions on Corruption (1997-1999)
•
The African Union Convention on Preventing and
Combating Corruption (2003)
•
United Nations Convention Against Corruption (2003)
Governmental instruments are also increasingly being
adopted at the national level; sometimes with global
implications to companies, i.e. the Foreign Corrupt
Practices Act and the Sarbanes-Oxley Act in the US.
Why Should Your Company Engage?
Companies are subject to extortion and some play a role
in paying bribes. Accordingly, the private sector is also
part of the problem and can also be part of the solution
(for example, by sharing responsibility for finding ways to
effectively fight corruption).
What Can Your Company Do?
An increasing number of companies are demonstrating
leadership by implementing effective anti-corruption
programmes within their companies. Common features of
such programmes include:
•
Detailed policies on company-specific bribery issues
such as kickbacks, extortion, protection money,
facilitation payments, conflicts of interest, gifts and
hospitality, fraud and money laundering, and political
and charitable contributions
•
Management systems and procedures outlining
frameworks for risk assessment, training, sanctions,
whistle-blowing, continuous internal self-review and
external reporting
Companies are increasingly engaging in sector-specific or
multi-industry initiatives, locally, regionally and/or globally,
to share their experiences, learn from peers and, in
partnership with other stakeholders, contribute to levelling
the playing field.
There are a number of principles, recommendations and
guidance and implementation tools available to
companies. They have been developed in cooperation
with companies and tested in real corporate
environments. See the back of the leaflet for further
information.
*Source: World Bank
Corruption Remains a Serious Problem for Companies in Most Parts of the World and across Industries
Countries Particularly Prone to Corruption Industries Particularly Prone to Corruption
• Public works/construction (1.3)
• Arms and defence (1.9)
• Oil and gas (2.7)
• Real estate/property (3.5)
• Telecommunications (3.7)
• Power generation/transmission (3.7)
• Mining (4.0)
• Transportation/storage (4.3)
• Pharmaceuticals/medical care (4.3)
• Heavy manufacturing (4.5)
• Banking/finance (4.7)
• Civilian aerospace (4.9)
• Forestry (5.1)
• IT (5.1)
• Fisheries (5.9)
• Light manufacturing (5.9)
• Agriculture (5.9)
Note: The map is based on Transparency International’s 2007 Corruption Perceptions Index. The score relates to perceptions of the degree
of corruption ranges between 10 (highly clean) and 0 (highly corrupt). The Industries ranking is drawn from Transparency International’s 2002
Bribe Payers Index. The scores, similarly from 0 to 10, reflect the propensity of companies in different sectors to pay bribes.


The Business Rationale for Fighting Corruption
Risks of Not EngagingBenefits of Engaging
Individual Company ActionCollective Actionby Business
•
Reduce the cost of doing business
•
Attract investments from ethically oriented
investors
•
Attract and retain highly principled
employees, improving employee morale
•
Obtain a competitive advantage of
becoming the preferred choice of ethically
concerned customers/consumers
•
Qualify for reduced legal sanctions in
jurisdictions like the US and Italy
•
Create a level playing field overcoming the
“prisoner’s dilemma”
•
Improve public trust in business
•
Influence future laws and regulations
•
Criminal prosecution, in some jurisdictions both at
company and senior management levels which can
lead to imprisonment
•
Exclusion from bidding processes, e.g. for
international finance institutions and export credit
agencies
•
“Casino risk” – no legal remedies if a counterpart
does not deliver as agreed and/or keeps increasing
the price for doing so
•
Damage to reputation, brand and share price
•
Tougher fight for talent when hiring new employees
•
Regulatory censure
•
Cost of corrective action and possible fines
•
Missed business opportunities in distorted markets
•
Increased magnitude of corruption
•
Policy-makers responding by adopting tougher and
more rigid laws and regulations – internationally,
regionally and nationally
MWH has a core value to be a trustworthy
business partner. Honesty, professionalism,
ethical behaviour and integrity with our staff,
clients and supply chain are integral to the way
we do business.
Robert Uhler, Chief Executive Officer, MWH Global, USA
“
“
MTN subsists on five brand values –
integrity, leadership, relationships, innovation and
can-do. These values are the essence of MTN,
defining our people, policies and practices.
Integrity is a promise that we have made to all
our stakeholders – of fairness, transparency,
honesty and accountability in all our dealings.
As we maintain our leadership position in
Nigerian telecommunications, we are committed
to also leading the way in zero tolerance for
corrupt practices.
Ahmad Farroukh, Chief Executive Officer, MTN Nigeria, Nigeria
“
“
There is no business which is so important
that we will jeopardize our business ethics.
Lars Rebien Sorensen, President and Chief Executive Officer,
Novo Nordisk, Denmark
“ “
Corruption is the single greatest obstacle to
economic and social development, and the fight
against it is imperative. With our considerable
resources, practical experience and front line
position, international business must take a
stand, for it is no longer enough to simply be
against corruption or other unethical business
practices. Global business leaders must be fully
engaged in eradicating them and levelling the
competitive playing field for all.
Alan L. Boeckmann, Chairman and Chief Executive Officer,
Fluor Corporation, USA
“
“
Good governance is a requirement for
sustainable development and effective
markets. StatoilHydro supports the global fight
against corruption.
Helge Lund, President and Chief Executive Officer,
StatoilHydro, Norway
“
“
Our objective in this area is to make it
clear to governments that the business interest
lies in the widest possible international
commitment to anti-corruption rules, so that we
may compete on a level playing field on a sound
ethical and legal basis.
Paul Skinner, Chairman, Rio Tinto, United Kingdom
“
“

Global, Multi-industry Initiatives
Even companies demonstrating anti-corruption leadership
are facing challenges that they cannot effectively solve
themselves, i.e. eliminating facilitation payments and the
prisoner’s dilemma. Four mutually supportive global, multi-
industry initiatives work together with companies to
address such collective business challenges:
International Chamber of Commerce (ICC)
ICC speaks with authority on behalf of enterprises from all
sectors around the world. In 2005, it issued a revised
version of its Rules and Recommendations to Combat
Extortion and Bribery, first published in 1977. The ICC
Commission on Anti-Corruption brings together experts
from a wide range of business sectors and national
backgrounds. It promotes self-regulation by enterprises in
confronting extortion and bribery and provides business
input into international initiatives to fight corruption. For
more information, visit www.iccwbo.org or contact
viviane.schiavi@iccwbo.org.
Transparency International (TI)
TI, the global coalition against corruption, addresses
corruption through a wide range of tools and over 90
national chapters. In 2002, it worked with a
multistakeholder and international steering committee of
companies, business associations, academics, union
representatives and civil society organizations to publish
an anti-corruption code entitled Business Principles for
Countering Bribery. This code formed the basis for the
PACI Principles, developed with the World Economic
Forum. Since then, insights gained from workshops held
around the world have led to the development of a suite
of tools to support companies in developing and
implementing anti-corruption policies, monitoring their
effectiveness and publicly reporting their results. For more
information, visit www.transparency.org or contact
businessprinciples@transparency.org.
United Nations Global Compact (GC)
In 2004, a 10th Principle was added to the United
Nations Global Compact, a multistakeholder initiative,
sending a strong signal that the private sector shares
responsibility for eliminating corruption. The principle
states: “Businesses should work against corruption in all
its forms, including extortion and bribery.” The adoption of
the 10th Principle commits the almost 4,000 Global
Compact participants not only to avoid bribery, extortion
and other forms of corruption, but also to develop policies
and concrete programmes to address it. The United
Nations Global Compact is a voluntary initiative with a
mandatory requirement for business participants to
disclose, on an annual basis, performance changes in the
issue areas. For more information, visit
www.unglobalcompact.org or contact makinwa@un.org.
World Economic Forum Partnering Against
Corruption Initiative (PACI)
PACI is a platform for companies to commit themselves to
develop, implement and monitor their anti-corruption
programmes through peer network meetings and
provision of private sector-driven support tools. Driven by
the private sector, the initiative helps to consolidate
industry efforts in fighting corruption and shape the
evolving regulatory framework. PACI was initiated by
World Economic Forum member company CEOs in
Davos in 2004. Since then, the PACI Principles for
Countering Bribery have been developed, and the nature
of the initiative has become multi-industry and
multinational. The Principles have received CEO
commitment from almost 150 companies, representing an
annual turnover of more than US$ 800 billion. For more
information, visit www.weforum.org/paci or contact
paci@weforum.org.
Falck Group believes in and operates for a
sustainable development and growth based on
“
ethics principles. Falck Group has in place a full
system of corporate governance to obtain such
goals and, furthermore, shares these cultural
Corruption not only attacks the moral fibre of
our society and the integrity of our markets, but it
“
also conflicts with the core principles on which
Sanlam's business strategy is based. Our
commitment to our ethical values and our strategic
vision demand that we shall not tolerate any form
“
values with all employees.
Achille A. Colombo, Managing Director,
Falck Group Italy, Switzerland
Johan van Zyl, Group Chief Executive, Sanlam, South Africa
of corruption in our business dealings.