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  1. The Foreign Corrupt Practices Act: The Failure of the Self-Regulatory Model of Corporate Governance in the Global Business Environment.Miriam F. Weismann - 2009 - Journal of Business Ethics 88 (4):615-661.
    The American regulatory model of corporate governance rests on the theory of self-regulation as␣the most effective and efficient means to achieve corporate self-restraint in the marketplace. However, that model fails to achieve regular compliance with baseline ethical and legal behaviors as evidenced by a century of repeated corporate debacles, the most recent being Enron, WorldCom, and Refco. Seemingly impervious to its domestic failure, Congress imprinted the same self-regulation paradigm on legislation restraining global business behavior, the Foreign Corrupt Practices Act. This (...)
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  • Corruption and Companies: The Use of Facilitating Payments.Antonio Argandoña - 2005 - Journal of Business Ethics 60 (3):251-264.
    Making use of facilitating payments is a very widespread form of corruption. These consist of small payments or gifts made to a person – generally a public official or an employee of a private company – to obtain a favour, such as expediting an administrative process; obtaining a permit, licence or service; or avoiding an abuse of power. Unlike the worst forms of corruption, facilitating payments do not usually involve an outright injustice on the part of the payer as they (...)
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  • Determinants of Bribery in International Business: The Cultural and Economic Factors.Rajib Sanyal - 2005 - Journal of Business Ethics 59 (1-2):139-145.
    Corruption Perceptions Index (CPI) scores for 47 countries reported by Transparency International were used to ascertain determinants of bribe taking in international business. Two sets of independent variables – economic and cultural – were used in a multiple regression analysis. Results indicate that bribe taking was more likely to be prevalent in countries with low per capita income and lower disparities in income distribution. Cultural factors such as high power distance and high masculinity in a country were also likely to (...)
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  • The Foreign Corrupt Practices Act: Why It Fails to Deter Bribery as a Global Market Entry Strategy.Miriam F. Weismann, Christopher A. Buscaglia & Jason Peterson - 2014 - Journal of Business Ethics 123 (4):591-619.
    Recent studies :98–144, 2002; Weismann, J Bus Ethics 88:615–66, 2009) revealed that in the first 28 years of its existence, the Foreign Corrupt Practices Act was not enforced by the federal government. The Weismann study further concluded that the FCPA, designed by Congress as a self-regulatory model of corporate governance, failed to achieve the regulatory goal of deterring global bribery by U.S. companies. The current article addresses the reasons that the FCPA remains an ineffective measure to control bribery as a (...)
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  • Trends in the International Fight Against Bribery and Corruption.Cleveland Margot, M. Favo Christopher, J. Frecka Thomas & L. Owens Charles - 2009 - Journal of Business Ethics 90 (S2):199 - 244.
    Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...)
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  • The FCPA and the OECD Convention: Some Lessons from the U.S. Experience.Masako N. Darrough - 2010 - Journal of Business Ethics 93 (2):255-276.
    Although corruption is ubiquitous, attitudes toward it differ among countries. Until the 1997 OECD Convention, the U.S. had been one of the only two countries with an explicit extraterritorial anti-bribery law, the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA employs a two-pronged approach to control the supply side of corruption: (1) anti-bribery provisions; and (2) accounting (books and record and internal controls) provisions. I offer evidence, albeit indirect, to show that the FCPA had limited success. The OECD Convention (...)
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