Bribery

Bribery is the practice of enticing people to do something they are otherwise reluctant, unwilling, or legally forbidden to do, with money or gifts. Though that description may sound straightforward, attitudes toward bribery vary widely around the world and across different contexts. A comparison might be to the varying attitudes toward other culture-specific [Page 187]practices, like tipping or haggling—either of which may be taken for granted in one culture while seen as bizarre and frustrating in another, or may be considered a social responsibility in one context (tipping a waiter) and unthinkable in another (tipping a doctor). The mechanism, severity of taboo or illegality, and sometimes language of bribery varies not just from country to country but industry to industry.

Legally speaking, the term bribery is applicable only when the transaction is forbidden by law—either explicitly or because it requires one party to break a law or neglect their duties—and typically involves officials and other authority figures. A driver may be pulled over and try to bribe a police officer in order to avoid a ticket, even offering more than the cost of the ticket in order to avoid points on his license. Lawyers may bribe workers in a courtroom for information pertinent to their case.

Gamblers, crime syndicates, or other interested parties may bribe the referees or players in a sports event, in order to influence the outcome so as to profit off of sports betting—this has been a perennial problem in organized sports, from the Black Sox scandal of the 1919 World Series to the charges against NBA referee Tim Donaghy in 2007, and affect even ostensibly “amateur” sports, as in the ice dancing scandal at the 2002 Winter Olympics. While a referee, judge, or other official is an obvious person to target for bribery, athletes can be enticed to throw the game, and coaches may be enticed to exert their influence.

Bribery and International Business

Bribery is an inescapable aspect of doing business internationally. In some countries, bribes are so accepted that they are tax-deductible. The U.S. Foreign Corrupt Practices Act even makes allowances for a limited degree of bribery, permitting “grease payments,” which are legally distinguished from the bribery of foreign officials, and which are usually made in order to speed up legal processes rather than to bypass local or international law. This makes it easier to do business, without violating American law, in countries where bribery is a way of life.

The Bribe Payers Index tabulates a rough estimate of how likely businesses from various countries are to pay bribes when doing business abroad. It is based on responses from over 10,000 executives, as part of the World Economic Forum. In 2006, the 30 leading export nations were ranked on a scale of 1 to 10, with 10 being the most likely to pay bribes:

• 1.
  Switzerland 7.81
• 2.
  Sweden 7.81
• 3.
  Australia 7.59
• 4.
  Austria 7.50
• 5.
  Canada 7.46
• 6.
  United Kingdom 7.39
• 7.
  Germany 7.34
• 8.
  Netherlands 7.28
• 9.
  Belgium 7.22
• 10.
  United States 7.22
• 11.
  Japan 7.10
• 12.
  Singapore 6.78
• 13.
  Spain 6.63
• 14.
  United Arab Emirates 6.62
• 15.
  France 6.50
• 16.
  Portugal 6.47
• 17.
  Mexico 6.45
• 18.
  Hong Kong 6.01
• 19.
  Israel 6.01
• 20.
  Italy 5.94
• 21.
  South Korea 5.83
• 22.
  Saudi Arabia 5.75
• 23.
  Brazil 5.65
• 24.
  South Africa 5.61
• 25.
  Malaysia 5.59
• 26.
  Taiwan 5.41
• 27.
  Turkey 5.23
• 28.
  Russia 5.16
• 29.
  China 4.94
• 30.
  India 4.62

...