日本企業の外国公務員に対する少額の支払い慣行(ファシリテーション・ペイメント)への対応状況に関する調査研究

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A small payment usually made to speed up customs clearance or the issuance of a license, a practice widely seen in some of developing countries, is called a facilitation payment (FP). Opinions differ over the permissibility of FPs: some say they are a kind of bribe, and so should be eradicated, while others, especially businesses operating in developing countries, argue that they are so prevalent that they find it difficult to resist the practice without damaging their normal business operations. Although the parties to the OECD Anti-bribery Convention have now legislated to regulate foreign bribery, state practices on how to deal with FPs also vary: some parties, including the US, Canada, and Australia, put FPs outside of the scope of regulation, while other parties regulate them. With these issues in mind, the author conducted two separate surveys on FPs in 2007 and 2008 to get a rough picture of how Japanese companies and their overseas subsidiaries try to handle the issue, and how pervasive the practice of FPs are in some Asian countries, This paper mainly reports the findings of the first survey targeting 950 Japanese companies doing business abroad, The survey aims to discover to what extent Japanese companies have incorporated measures to prevent their employees from engaging in foreign bribery, as well as providing a rough picture of how they try to address any FP problems they might face. One of the findings is that more than 40 percent of respondents do not prohibit foreign bribery in their code of conduct, and only a handful of companies have a clear policy on how to handle FPs.
麗澤大学経済学会の論文
2009-00-00

日本企業の外国公務員に対する少額の支払い慣行(ファシリテーション・ペイメント)への対応状況に関する調査研究

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