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Bribery by UK
companies operating abroad is being reduced by “education rather than
prosecution” after the government said it would not strictly enforce laws introduced
just two years ago. The World Bank has estimated the annual global cost of
corruption at more than $1500bn, although experts say it is hard to quantify.
But Jack Straw, the Foreign Secretary, told diplomats last year, in internal
advice which has only now come to light, that business should be ‘sensitized’
to its responsibilities. He said the government would ‘prefer to change
behavior by education rather than prosecution’.
Laws making it easier for British companies to be prosecuted in the UK for overseas corruption came into force two
years ago, after the government came under pressure from the US , which has long had a ban on
corporate corruption in the developing world. Only a month before the new UK
laws came into effect, Foreign Office staff were instructed to tell executives
that ‘bribery is bad for business. The payment of bribes is unacceptable.’
But there has yet to be a single prosecution under UK laws. Only four allegations have
been referred to the National Criminal Intelligence Service, and only one is
under active investigation. The government’s position appears in tune with
companies’ claims that they need flexibility to operate in counties where small
bribes are commonplace. The CBI, the employers’ body, said last night it was
‘important to have a sensitive approach, because business has to deal with the
world as it is, not as it would like it to be.’
Some executives complain that First World
standards do not suit the realities of doing business in developing countries.
They argue that strict enforcement will deter investment. Susan Hawley, a
consultant to the Corner House, a think-tank, said: ‘It’s shoking that the
government does not favor prosecutions – the laws are not really going to be
taken seriously until there are some high-profile cases.’
The Foreign Office has encourage staff to report serious allegations,
but in effect advised them to turn a blind eye to payments of small backhanders
to speed up services such as customs clearance. ‘Whilst small payments … are
strictly illegal, we do not envisage circumstances in which there would be a
prosecution’, the memo sent by Mr Straw last year states. The Foreign Office
said its policy of educating British companies about corruption reflected the
fact that it look the issue seriously. ‘It is absurd to suggest that we do not
treat our work on enforcement … with the utmost importance,’ an official said.
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