Isabella Carter
Bribery is an illegal or unethical gift or lobbying effort made to influence the recipient's conduct. It can take many forms, including money, gifts, loans, fees, rewards, or other advantages. While there is no universal definition of bribery, it generally involves someone in an appointed position acting voluntarily in breach of trust in exchange for a benefit. This can include public officials, politicians, and business executives, among others. Foreign bribery occurs when companies or individuals offer bribes to foreign public officials to gain advantages in international business transactions. This form of corruption can have detrimental effects on a country's economy, state institutions, and public services. On the other hand, diplomacy refers to government-sponsored efforts to communicate directly with foreign publics and influence their perceptions to support the sponsoring government's strategic objectives. This can include branding or cultural communication campaigns and political advocacy initiatives. So, while bribery may be used as a tool to achieve diplomatic goals, it is not inherently a form of diplomacy. The line between bribery and diplomacy is a fine one, and it is important to distinguish between legitimate diplomatic efforts and illegal or unethical bribery.
| Characteristics | Values |
|---|---|
| Definition | The offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust |
| Forms | Money, gifts, loans, fees, rewards, other advantages (taxes, services, donations, favours etc.) |
| Examples | Political campaign contributions, tipping, secret commissions, profit made by an agent without their principal's knowledge, lavish gifts, hospitality and expenses, access to assets or a favour made to a relative, friend or favoured cause |
| Effects | Undermines the integrity of the private sector and the financial system, contributes to weakness and instability in other countries |
| Actions | Strengthen the framework for detecting and investigating bribery, strengthen the legal framework for sanctioning bribery, improve enforcement systems |
| International Efforts | The Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention, the UN Convention against Corruption, the Foreign Corrupt Practices Act (FCPA), the Foreign Extortion Prevention Technical Corrections Act (FEPA) |
| Diplomacy Type | Political advocacy |
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What You'll Learn
Foreign bribery enforcement
Bribery is an illegal or unethical gift or lobbying effort given to influence the recipient's conduct. Foreign bribery refers to when companies or individuals offer, promise, or give a bribe to a foreign official to gain advantages in international business transactions. This can include winning construction contracts, obtaining licenses, or securing other favourable treatments. Foreign bribery undermines the integrity of the private sector, weakens financial systems, and contributes to instability in other countries.
To combat foreign bribery, international conventions such as the OECD Anti-Bribery Convention and the UN Convention against Corruption have been established, criminalizing foreign bribery and requiring signatory countries to enforce anti-bribery measures. These conventions play a crucial role in curbing international corruption and promoting fair competition among private sector entities dealing with public institutions globally.
The United States, for example, has long been regarded as a leader in foreign bribery enforcement through the Foreign Corrupt Practices Act (FCPA). The FCPA, enacted in 1977, prohibits US companies and individuals from bribing foreign officials to obtain or retain business. However, in a controversial move, President Donald Trump signed an executive order in 2025, pausing the enforcement of the FCPA and directing the Justice Department to review and revise its enforcement guidelines. This decision was criticized as a setback in the fight against global corruption, potentially empowering wrongdoers and undermining decades of progress.
To effectively address foreign bribery, several key actions are necessary. Firstly, strengthening the framework for detecting and investigating foreign bribery, including whistleblower protection and public registers of beneficial ownership. Secondly, enhancing the legal framework for sanctioning foreign bribery with criminal liability for companies and deterrent sanctions. Thirdly, improving enforcement systems by providing adequate resources and training and ensuring the independence of police, prosecution, and the judiciary. Additionally, promoting transparency and accountability in foreign bribery settlements and ensuring compensation for victims are also crucial aspects of foreign bribery enforcement.
Overall, foreign bribery enforcement requires a comprehensive approach involving legal, investigative, and educational measures to deter and punish acts of corruption and promote fair and transparent international business practices.
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Definitions of bribery
The definition of bribery can vary depending on cultural and social norms, as well as the legal framework of a given country. However, generally speaking, bribery can be understood as the corrupt solicitation, acceptance, or transfer of value in exchange for official action. This can include the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty.
Bribery often involves the illegal or unethical offering of gifts or money to influence the recipient's conduct, particularly when the recipient holds a position of power or authority. This can include public officials, police officers, functionaries, or foreign government officials. For example, a motorist might bribe a police officer to avoid receiving a ticket for speeding, or a company might bribe a foreign official to win a construction contract or obtain favourable treatment.
In some cases, bribery may be facilitated through intermediaries or shell companies, with payments made into foreign bank accounts or disguised as fake contracts or charitable donations. The Organisation for Economic Co-operation and Development (OECD) has identified several industries that are particularly prone to foreign bribery, including construction, mining, defence, energy, telecommunications, and transportation.
The legal and economic consequences of bribery are significant. Both the offeror and the recipient of a bribe can be criminally charged, and the act of bribery can interfere with democratic processes and negatively impact economic growth. To address these issues, international conventions such as the OECD Anti-Bribery Convention and the UN Convention against Corruption have been established to criminalize foreign bribery and reduce corruption.
It is important to note that the definition of bribery can vary across different cultures and societies. For example, tipping or gift-giving may be considered bribery in some countries but not in others. Additionally, political campaign contributions in the form of cash may be considered criminal acts of bribery in some countries, while they are legal in others as long as they adhere to election laws.
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Bribery in different cultures
The perception and occurrence of bribery vary across different cultures. While it is generally considered unethical and is illegal in most jurisdictions, certain cultural contexts normalise bribery, blurring the lines between gifts and bribes.
In some cultures, bribery is a pervasive way of conducting public services and business dealings. For instance, in Papua New Guinea (PNG), bribery is not viewed as an illegal act but as a means of earning "quick money" and "sustaining a living". Similarly, in Sudan, bribery is a common business practice, whereas it is illegal in the UK. In the Arab world and China, building strong personal relationships and networks (wasta) is essential before conducting business. However, this practice has been criticised for excusing corruption and benefiting individuals rather than society.
Cultural habits and traditions can influence the perception of bribery. For example, gift-giving is a cultural tradition in some Muslim and Chinese communities, and these practices can be exploited for corruption. In some Asian countries, like Thailand and the Philippines, bribery is considered a standard business cost. Japan has a long tradition of "wairo," where gifts are given to influence desired actions.
The severity of punishment for bribery does not necessarily deter people from accepting bribes, as seen in Russia, where bribery persists despite it being recognised as a crime. Additionally, in some cultures, rules are flexible and context-dependent, leading to higher incidents of bribery, whereas in others, rules are unchanging and universally applied, resulting in lower bribery rates.
While it is challenging to eliminate bribery due to its cultural complexities, addressing it requires a combination of legal action, public shaming, and the promotion of ethical organisational cultures. Anti-bribery measures should be integrated into education and training programs for public officials, fostering transparency and cross-border monitoring to minimise bribery on an international level.
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Anti-bribery conventions
Bribery is an illegal or unethical gift or lobbying effort made to influence the recipient's conduct. It may be money, goods, rights in action, property, or a promise to induce or influence the action, vote, or opinion of a person in an official or public capacity. The forms that bribery can take are numerous, and it is important to be mindful of differing social and cultural norms when examining bribery. For example, tipping may be considered bribery in some societies but not in others.
To combat bribery, there are several anti-bribery conventions in place, such as:
The OECD Anti-Bribery Convention
The Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention, officially the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, is a legally binding international agreement that requires signatory countries to criminalize the bribery of foreign public officials. The convention was adopted in 1997 and came into force in 1999. It is open to accession by any country that is a member of the OECD or has become a full participant in the OECD Working Group on Bribery in International Business Transactions. As of 2018, 46 countries have ratified or acceded to the convention. The OECD monitors implementation by participating countries, but it has no authority to enforce it. Instead, countries are responsible for implementing laws and regulations that conform to the convention.
The Foreign Corrupt Practices Act (FCPA)
The FCPA is a US law that makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. The anti-bribery provisions of the FCPA prohibit the willful use of any means of instrumentality of interstate commerce corruptly to further any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, with the knowledge that all or a portion of such money or thing of value will be offered or given to a foreign official to influence them in their official capacity.
The Foreign Extortion Prevention Technical Corrections Act (FEPA)
FEPA criminalizes the "demand side" of foreign bribery, making it a crime for any foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept payments from certain classes of persons and entities in return for taking certain actions in connection with obtaining or retaining business. FEPA complements the FCPA and generally mirrors it in defining the classes of persons and entities covered.
The UN Convention against Corruption
The UN Convention against Corruption is another international agreement that requires the criminalization of foreign bribery. It has been ratified by 187 states and is part of the United Nations Sustainable Development Goal 16, which aims to substantially reduce corruption and bribery of all forms to ensure peace, justice, and strong institutions.
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Bribery in diplomacy
Bribery is an illegal or unethical gift or lobbying effort made to influence the recipient's conduct. It can take many forms, including money, goods, rights in action, property, and privileges. While there is no universal definition of bribery, all definitions involve someone in an appointed position acting voluntarily in breach of trust in exchange for a benefit. This benefit does not always have to involve a monetary exchange and can instead take the form of lavish gifts, hospitality, expenses, or access to assets.
Foreign bribery occurs when companies offer bribes to foreign public officials to gain advantages in international business transactions, such as winning construction contracts or operating licenses. This practice undermines the integrity of the private sector and contributes to weakness and instability in other countries. The OECD Anti-Bribery Convention, adopted in 1997, requires its signatory countries to criminalize foreign bribery. Similarly, the Foreign Extortion Prevention Technical Corrections Act (FEPA) criminalizes the "demand side" of foreign bribery, making it illegal for foreign officials to demand or accept bribes.
Diplomacy, on the other hand, refers to government-sponsored efforts to communicate directly with foreign entities to achieve specific objectives. There are two main types of diplomacy: branding and political advocacy. Branding, or cultural communication, aims to improve a country's image without seeking immediate policy support. An example of branding in diplomacy is the United States' efforts during the Cold War to persuade European audiences that democratic government and capitalist enterprise were superior to Soviet alternatives. Political advocacy, on the other hand, employs diplomacy to gain foreign support for immediate policy objectives. An example of this is Kuwait's campaign to gain US popular support for an attack against Iraq in 1990.
While bribery and diplomacy are distinct concepts, they can become intertwined when bribery is used as a tool to achieve diplomatic objectives. In such cases, bribery can be seen as a form of "shadow diplomacy," where illicit means are used to influence foreign entities. However, bribery is generally considered a corrupt practice and is outlawed in most countries. The use of bribery in diplomacy can undermine the integrity of diplomatic relations and erode trust between nations.
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Frequently asked questions
Bribery is an illegal or unethical gift or lobbying effort made to influence the recipient's conduct. It can take many forms, including money, gifts, loans, fees, rewards, or other advantages.
Bribery is not a form of diplomacy. Diplomacy refers to government-sponsored efforts to communicate with foreign publics and gain support or tolerance for a government's strategic objectives. Bribery, on the other hand, is a corrupt practice that involves offering or giving gifts or other advantages to influence a person in an official or public capacity to act in breach of their duty.
Examples of bribery include a motorist bribing a police officer to avoid a speeding ticket, a citizen bribing a functionary for faster service, or a company bribing a foreign official to win a construction contract.
Bribery is illegal in most countries and is criminalized by international conventions such as the OECD Anti-Bribery Convention and the UN Convention against Corruption. However, the definition and enforcement of bribery may vary across jurisdictions.
