I want to follow up on Melanie'spost last week,188bet app关于经合组织的第一次Foreign Bribery Report,and what its findings tell us 188bet appabout patterns and tendencies in firms' illegal bribe activities in foreign countries.本报告是一份重要的资料性文件，其中包括：正如其介绍所说，"an analysis of all foreign bribery enforcement actions that have been completed since the entry into force of the"经合组织反贿赂公约.里面有很多，and I may do another blog post at some point on some other aspect of the report.But for now I wanted to focus on one thing 188bet appabout the report that jumped out at me: the way in which the report's findings seem to be in some tension with my prior beliefs/stereotypes about the contexts in which foreign bribery is most frequent.
Let me start with my prior beliefs,which are not based on much firsthand information,但我已经从很多在这方面工作的人那里吸收了，and I think are fairly widely shared.These beliefs run as follows: Whatever the world was like a decade or two ago,如今，大多数大型跨国公司都认识到反腐败法的严重性，如《反腐败法》，and most such firms have fairly robust (though often imperfect) compliance programs.当这些公司违反了《反海外腐败法》或类似的法律时——他们仍然这样做，probably far too often–it is less likely these to be the deliberate policy of senior management,在高风险新兴市场增加业务的压力下，更可能是低或中层员工。这并不意味着高级管理人员是无可指责的——他们可能没有设定正确的“高层基调”，或者没有实施适当的合规计划，or looked the other way.But at major multinationals,许多人（包括我）认为贿赂通常不是公司的政策。By contrast,the thinking often goes,small and medium-sized enterprises (SMEs),可能是第一次向高风险外国市场扩张，更可能违反反海外腐败法。They are less likely to be familiar with the statute,less likely to have sophisticated (and expensive) compliance programs in place,and less accustomed to managing the pressures of doing business in environments where corruption is prevalent.
The OECD Report strongly implies (but does not quite say) that this is (mostly) wrong.As the report states at the outset,"[c]orporate leadership [was] involved,or at least aware,of the practice of foreign bribery in most cases,驳斥对贿赂是流氓雇员行为的看法。在经合组织审查的427起反海外贿赂执法行动中，in 12% the CEO was involved,and in another 41%,"management-level employees paid or authorized the bribe." As for the firms involved,the OECD found that "[o]nly 4% of the sanctioned companies were … SMEs," while in 60% of cases the company had over 250 employees,另外36%的公司规模无法从案件记录中确定。
So,does this mean my prior beliefs were all wrong?Are the most likely foreign bribery culprits senior executives at large multinationals,rather than lower-level employees and SMEs?Maybe.But not necessarily.而梅兰妮认为报告refuting the "rogue employee myth,"把驳斥的逻辑后果搞清楚，I want to take a different tack,by raising a few questions 188bet appabout how we should interpret the report's findings here for the types of foreign bribery problems that are most typical.Indeed,although the OECD Report's findings are important and ought to provoke all of us to re-examine some of our assumptions,I want to suggest a few reasons to be cautious 188bet appabout not drawing overly broad and unwarranted inferences on these particular points.继续阅读