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Chapter 15 Managing Ethical and Social Responsibility Challenges in Multinational Companies Copyright© 2004 Thomson Learning All rights reserved Chapter Outline • International business ethics and social responsibility • Principles of business ethics • Stakeholder analysis • Is ethical behavior defined by an action itself or by the consequences of the action? • Moral languages (types of ethical reasoning) Copyright© 2005 South-Western/Thomson Learning All rights reserved Chapter Outline (2) • Bribery • Where and why it occurs • Foreign Corrupt Practices Act • OECD Anti-Corruption Convention • Prescriptive ethics for multinational companies • Moral languages for international business ethics • International ethics standards Copyright© 2005 South-Western/Thomson Learning All rights reserved Chapter Outline (3) • Guidelines for making ethical decisions • Pitfalls in ethical relativism and ethical universalism • A process for making ethical decisions • Economic analysis • Legal analysis • Ethical analysis: organizational, cultural, personal Copyright© 2005 South-Western/Thomson Learning All rights reserved International Business Ethics • Ethics deal with the “oughts” of life – what people and companies should or should not do • International business ethics: unique ethical problems faced by managers operating across national boundaries • More complex as different cultures do not agree on what one “ought” to do Copyright© 2005 South-Western/Thomson Learning All rights reserved Social Responsibility • Idea that businesses have a responsibility to society beyond making profits • Closely related to business ethics • Must take into account the welfare of other groups in addition to stockholders Copyright© 2005 South-Western/Thomson Learning All rights reserved Stakeholder Analysis • The stake of an individual or group includes its rights, obligations, incentives, and motivations • Decision makers should consider the stake of each individual or group that • Will be affected by the decision or • Will affect the outcome of the decision Copyright© 2005 South-Western/Thomson Learning All rights reserved MNC Stakeholders Home Country Owners Customers Employees Unions Suppliers Distributors Strategic allies Community Economy Government MNC Global Society Population Standard of living Natural environment Sustainable resources Interdependence Host Country Co-owners Customers Employees Unions Suppliers Distributors Strategic allies Community Economy Government Table 15.1 • Lists important ethical issues related to some stakeholders • Customers • Stockholders • Employees • Respect for host country laws, society, and environment • Global society in general Copyright© 2005 South-Western/Thomson Learning All rights reserved Basic Systems of Ethical Reasoning • Teleological ethical theory • Morality of an act or practice comes from its consequences • Utilitarianism: what is good and moral comes from acts that produce the greatest good for the greatest number of people • Deontological ethical theory • Actions have a good or bad morality regardless of the outcomes they produce Copyright© 2005 South-Western/Thomson Learning All rights reserved Moral Languages (page 512) • Basic ways that people use to make ethical decisions and to explain their ethical choices • Six basic ethical languages • Virtue and vice • Actions are either good (virtuous) or bad (vices) • the consequences of an action are less important than virtuous intent Copyright© 2005 South-Western/Thomson Learning All rights reserved Moral Languages (2) • Self-control: control of thoughts and actions • Plato advocated controlling "appetites" • Important idea in Buddhism and Hinduism • Maximizing human welfare – the basic principle behind utilitarianism (the greatest good for the greatest number) • Avoiding harm – the action should not produce unpleasant consequences for people or the environment. Actions are ethical if they do no harm. Copyright© 2005 South-Western/Thomson Learning All rights reserved Moral Languages (3) • Rights and duties of people or companies • Do not infringe on the rights of others. • Duties are things that one should or must do. • Laws and regulations often deal with rights and duties. • Social contract – explicit or implicit agreement in a society or a company about what is right • Western Europeans often believe that a country should ensure that all its residents get adequate health care. Copyright© 2005 South-Western/Thomson Learning All rights reserved Country Comparisons of Government Corruption (2006) Based on 160 Countries • Bribes are least expected in • Finland • Iceland • New Zealand • Denmark • Singapore • Sweden • Officials are most likely to demand bribes in • Haiti • Myanmar (Burma) • Iraq • Guinea • Sudan • Congo Copyright© 2005 South-Western/Thomson Learning All rights reserved Government Officials' Perceptions of Bribe Paying Behavior by Companies from 30 Countries • Least likely to pay bribes – firms from • Switzerland • Sweden • Australia • Austria • Canada • United States is tied for ninth. • Most likely to pay bribes – firms from • India • China • Russia • Turkey • Taiwan Copyright© 2005 South-Western/Thomson Learning All rights reserved Where Bribes are Paid • Bribes are more likely to be paid in less developed countries. • It may be hard to get or keep government business without bribery • Bribery may be culturally acceptable. • Low-level officials may demand payment for minor tasks. • Punishment is less likely. • Bribery is more common in certain industries • Construction • Weapons and defense contracts • Oil and gas Copyright© 2005 South-Western/Thomson Learning All rights reserved Foreign Corrupt Practices Act (FCPA) • The purpose of the FCPA is to prevent U. S. companies or any person representing a U. S. company, citizens, or permanent residents from paying bribes or giving gifts to foreign governments, government officials, political parties or their officials, or agents representing any of these, for the purpose of getting or keeping business in a foreign country. • If you pay an agent or representative and know, or should have known, that part of the money would be used as a bribe, this violates the FCPA. Copyright© 2005 South-Western/Thomson Learning All rights reserved FCPA Exceptions • The following types of payments are acceptable under the FCPA • Payments made under duress to avoid injury or violence • Payments made to a government employee to perform a routine function, such as issuing a business license • Expenses related to the promotion, demonstration, or explanation of products and services • Expenses required to perform a contract with a foreign government Copyright© 2005 South-Western/Thomson Learning All rights reserved OECD Anti-Corruption Convention • The Anti-Corruption Convention of the Organization for Economic Cooperation and Development (OECD) has been ratified by 36 countries. These countries have agreed that: • If a firm bribes a foreign official, or condones such a bribe, both the firm and employees who were involved in the bribe will be subject to criminal penalties. • These countries will share information about bribery and corruption and will cooperate in prosecuting them. Copyright© 2005 South-Western/Thomson Learning All rights reserved OECD Anti-Corruption Convention (2) • Who has signed? • EU-15 and 8 new EU members • 5 other European countries & Turkey • NAFTA countries • Japan & South Korea • Argentina, Brazil, Chile • Enforcement will be hard Copyright© 2005 South-Western/Thomson Learning All rights reserved Prescriptive Ethics for MNC's • Suggested guidelines for the ethical behavior of multinational companies • Three moral languages • Avoiding harm • Rights/duties • Social contract • These three languages work irrespective of national backgrounds Copyright© 2005 South-Western/Thomson Learning All rights reserved International Ethics Guideline Sources • The United Nations Universal Declaration of Human Rights • The United Nations Code of Conduct on Transnational Corporations • The European Convention on Human Rights • The International Chamber of Commerce Guidelines for International Investment Copyright© 2005 South-Western/Thomson Learning All rights reserved International Ethics Guideline Sources • The Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises • The Helsinki Final Act • The International Labor Office Tripartite Declarations of Principles Concerning Multinational Enterprises and Social Policy Copyright© 2005 South-Western/Thomson Learning All rights reserved The Ethical Dilemma in Multinational Management: How Will You Decide? • Ethical relativism vs. ethical universalism • Ethical relativism: each society’s view of ethics must be considered legitimate and ethical • Can be used to justify child labor, etc. • Ethical universalism: basic moral principles that transcend cultural and national boundaries • No agreement on what those principles should be Copyright© 2005 South-Western/Thomson Learning All rights reserved Individual Ethical Decision Making for the Multinational Manager • Forms of analysis • Economic analysis: focuses on what is the best decision for a company’s profits • Legal analysis: focuses on meeting legal requirements of host and parent countries • Ethical analysis: focuses on ethical issues Copyright© 2005 South-Western/Thomson Learning All rights reserved Exhibit 15.9: Decision Points of Ethical Decision Making in Multinational Management Copyright© 2005 South-Western/Thomson Learning All rights reserved Exhibit 15.9: Decision Points of Ethical Decision Making in Multinational Management Copyright© 2005 South-Western/Thomson Learning All rights reserved