It would be virtually impossible to obtain proof outside the United States that foreign companies were making payments to officials of foreign governments to assist them in obtaining business. American companies may engage in mea culpa breastbeating in this country, but it is not a popular addiction abroad.
University professor and public servant (1909-1979)
Neil Herman Jacoby(September 19, 1909 – May 31, 1979) was a university professor and public servant and was widely recognized as an expert on matters of taxation, finance, economic policy, and business-government relationships.
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The emerging censorship of political payments by U.S. business corporations is a potentially important, but little noted, aspect of the recent controversies about these payments. The operating behavior of American business overseas is becoming a new dimension of the public regulations of business. Until recent years, this regulation was concerned with such matters as healthy working conditions for employees, safe and reliable products, and enforcing competition. The disclosure of political payment abroad has led federal agencies to increase still further their role as arbiters of business behavior.
Because internal corruption is endemic to the communist system, it ineluctably conditions privileged elite to the habits of corruption in their external relations with other communist officials in the Eastern bloc countries and with the Western and Japanese businessmen who negotiate with the state enterprises.
Internal corruption grows out of the very nature of the communist economies—chronic shortages of consumer goods, their poor quality, the interminable delays in obtaining service and repairs, a centralized planning system that decides what people should wear or consume, whether they like the product or not.
Communist propagandists have long maintained that capitalism is the breeding ground of corruption. One would, therefore, expect to find in the communist orbit a ‘new man’ who has no appetite for the decadent bourgeois habits of the West. But fact as distinguished from myth reveals that corrupt practices abound in the communist nations.
Indonesia dramatizes the dilemmas of the poor countries whose officials are forced to be corrupt. Maladministration reduces the collection of income taxes to provide revenue for the national treasury. Widespread smuggling further deprives the treasury of needed customs revenue. Lack of revenue prevents the payment of adequate salaries to the bureaucracy. This function of government is, then, fulfilled by private payments to underpaid civil servants. Thus, a vicious cycle breeds corruption in business-government relations.
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India’s political democracy was built on political payments. ‘Speed money,’ shakedowns, and gaining illegal access to wealth—known as ‘black money’—occupied much of the time and energy of the Congress Party while it was ruling India. For generations, corruption of government officials by Indian businessmen has bought official tolerance for hoarding, adulterating, smuggling, and black marketing. Payoffs have been an integral part of Indian business-government relations.
The African nations that won their independence from the European colonial powers are, for the most part, uneasy confederations of tribes that are traditional enemies. The primary loyalty of their citizens is not to the state, but to the tribe and its chiefs. The political objective of the dominant tribe is to capture the country’s economic power base, which is the government, and, once it has been seized, to hold on to it.
Like their counterparts in other Third World nations, Middle Eastern socialist-orientated regimes are inefficient and mismanaged, and they tolerate the use of the political payments by those who must deal with them… The Middle East is one of the world’s most politically volatile regions. Nationalization of foreign investment is frequent, and taxation is high. National rivalries and the unresolved Israeli-Arab conflict contribute to the investor’s political risks.
Lubrication payments are not subject to a going rate. They are usually determined by what the traffic will bear. The usual way for a government official to extract a payment is by threatening obstruction or delay in carrying out his official duties… Large political payments are rarely transferred directly by a principal to an upper echelon official; rather, a middleman is used. He may be a professional ‘fixer’ who is himself a low-level government functionary; more often he will be a member of the same family as the high-level recipient.
Since 1950, American enterprises have invested in virtually every part of the world. Their annual exports in 1976 were more than $117 billion, and their foreign investments in book value were about $133 billion. This unparalleled international movement of goods, capital, technology, and managerial resources has had both successes and failures, but the former have by far outweighed the latter.
Today, multinational business is under attack by socialist and other critics on a wide spectrum of issues. New charges that multinational firms corrupt the officials of foreign governments have been added to the litany of criticism Many governments, especially those of the Third World, have taken or threaten to take punitive and restrictive actions against foreign companies. Such measures would impede international investment, slow down economic progress, and damage the economic welfare of all countries concerned.
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The revelation that American companies were making payments to foreign political parties and government officials touched a sensitive nerve in the post-Watergate era. Although most knowledgeable people were aware of the bribery of domestic government officials, they felt more keenly about the payment of millions of dollars to foreign officials.
Thus the principle that no foreign political payments shall be made often collides with the principle that we should expand international trade and investment, that multinational companies should conform to local business practices, that the United States should avoid extraterritorial application of its laws, or that this county should abjure moral as well as political and economic imperialism.