Make the global compliance regimes compatible

With global presence, it will never be enough to highlight the compatible integration of the MNCs’ global compliance designed into the local anti-briber}' framework in Africa. Various developments in the African legal enforcement landscape suggest that compatible anti-briber}' compliance needs to be warranted. Briber}' per sc may not be a cultural issue; it is imperative to integrate the specifics of a given culture into an anti-briber}' compliance program and, specifically, its implementation. The challenge is to adapt compliance programs to specific environments while respecting the same standards and principles of integrity. Bribery presents legal and regulator}' challenges, but these challenges cannot be addressed by the law in isolation. It is imperative to integrate MNCs’ compliance programs by efficiently tailoring their efforts into the local legal and enforcement settings. An integrity system integrates a set of mechanisms that both reinforce desired behaviour via value-orientated cultural path and deter bribery via rule-based law

enforcement.[1] The compatible integration needs to be carefully adapted for the African market and designed for effective implementation. Inevitably, implementation of an adequate anti-bribery compliance program may be resisted, in particular, when a foreign MNC ensures that bribery is not countenanced so as to reduce the incidence of passive and active bribery. There is no one-size-fits-all compliance approach. It takes time for the current global anti-bribery regime to converge on a set of conceptual standards for theoretically defining corruption, given the universal disapproval of bribery. Most foreign MNCs may have to adjust their focus on compliance, which used to be driven primarily by external influences, such as under UKBA and FCPA, rather than Chinese legislation.

  • [1] Lynn Paine, ‘Managing for Organisational Integrity’ (March-April 1994) Harvard Business Review 85, 113. 2 UK Ministry of Justice, The Bribery Act 2010 Guidance (n 55) 8. 3 Salbu, ‘Extraterritorial Restriction of Bribery’ (n 41) 241.
< Prev   CONTENTS   Source   Next >