1afc7Module v-Ethics and Globalization

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    Amity Business School

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    Amity Business School

    MBA Class of 2011, Semester II

    Business Environment and Strategic Analysis

    Dr. Himani Sharma

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    Amity Business SchoolEthics

    Discipline of dealing

    with what is good

    and bad, or rightand wrong, or with

    moral duty and

    obligation

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    Amity Business SchoolEthical IssuesEthical Issues

    Around the WorldAround the World JapanPayments to politicians for favorable treatment

    Concealing customer complaints

    Unequal status of women in the workplace Europe

    Widespread acceptance of side payments (bribes)as a business cost

    Discriminatory workplaces China

    Lack of workers rights

    Weak IP protections/enforcement

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    Many Examples of Unethical

    Corporate Behavior

    Headlines have exposed the far-from-ethical

    exploits of Enron, Arthur Andersen, WorldCom,

    Global Crossing, Adelphia Communications,

    Tyco International, and others

    Enrons stated values, respect, integrity,

    communication, and excellence, were once

    proudly etched on Enrons paperweights

    Ruthless self-interest that motivated the leaders

    of some large corporations has been revealed

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    Amity Business SchoolNot Just

    Corporations Virtually no occupation has not had its own

    painful ethical crises in recent years

    Even so, business ethics scandals continue to

    be headline news stories today. Lying on

    resumes, obstruction of justice, destruction of

    records, stock price manipulation, cutting

    corners to meet Wall Streets expectations,

    fraud, waste, and abuse, unfortunately, areoccurring all too often when those in business

    go ethically wrong

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    Globalization, Business Ethics &Competitive Advantage

    Globalization has brought about greater

    involvement with ethical considerations and mostimportantly achieving competitive advantage

    through business ethics.

    Globalization and business ethics are linked as

    they affect a companys ability to commit to itsshareholders, in particular to external investors,

    and preserve the trust needed for further

    investment and growth.

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    Ethics of Scandal Versus

    Ethics of Strategy

    It is increasingly important for companies to deal

    with ethics as a corporate strategy that, if

    uniquely implemented, could achieve competitive

    advantage for the company rather than waiting to

    react to possible ethical issues of importance to

    the targeted stakeholders. It is the necessity of being ethically proactive

    company rather than being ethically reactive

    company.

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    Business Ethics as

    Competitive Advantage

    As the speed of comparable tangible assetsacquisition accelerates and the pace of imitation

    quickens, firms that want to sustain distinctive

    global competitive advantages need to protect,

    exploit and enhance their unique intangible

    assets, particularly integrity (building firms of

    integrity is the hidden logic of business ethics).

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    Business Ethics asCompetitive Advantage

    (Cont.) behavior that is trusting, trustworthy, and

    cooperative, not opportunistic, will give the firm a

    competitive advantage.

    Sustainable global competitive advantage occurs

    when a company implements a value-creating

    strategy which other companies are unable to imitate.

    For example, a company with superior businessleadership skills in enhancing integrity capacity

    increases its reputation capital with multiple

    stakeholders and positions itself for competitive

    advantage

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    Amity Business SchoolA MODEL OF ETHICS

    Type I Ethics Type II Ethics

    Sources of

    ethicalguidance

    Our beliefs

    about what isright or wrong

    Our actionsLead to Determine

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    Amity Business SchoolCode of Ethics

    Statement of values adopted by company,

    its employees and directors and sets

    official tone of top management regardingexpected behavior

    Code of ethics establishes rules by which

    organization lives and becomes part of

    organizations corporate culture

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    Amity Business SchoolSources of Ethical Guidance

    Number of sources to determine what is right or

    wrong, good or bad, moral or immoral

    Bible and other holy books

    Conscience

    Significant others

    Codes of Ethics

    Sources of ethical guidance should lead to ourbeliefs or convictions about what is right or

    wrong

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    Amity Business SchoolCorporate and Auditing Accountability,

    Responsibility and Transparency Act of2002

    Known as Sarbanes Oxley Act, primary

    focus to redress accounting and financialreporting abuses in light of recent

    corporate scandals

    Criminalized many corporate acts

    Whistle-blower protections

    Prohibits loans to executives and directors

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    Amity Business SchoolSarbanesSarbanes--Oxley Act (2002)Oxley Act (2002)

    In US, for example, firms now operate

    under Sarbanes-Oxley Act (2002)

    CEO and CFO required to approve and declareaccurate all financial statements provided to

    SEC for publication

    Ensure transparency of all disclosures

    Make content appropriately accessible for auditand verification

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    Amity Business SchoolOrganizational Ethics:

    4 bottom lines

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    Example of Enron

    The scandalous nature of the Enron scandal:

    the financial fraud gets most of the publicsattention!

    The three other fields of ethics areovershadowed : equity, dignity, viability

    Whereas the activities of Enron areproblematic in the 4 fields

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    Enron in India: an Isolated Case ?

    Other countries affected by Enron : Argentina,Brazil, Mozambique, Poland California

    Other companies :Shell (Nigeria), BP

    (Colombia), Mobil (Indonesia), Total (Burma);Oracle, Merck, Qwest, Xerox, Vivendi, Worldcom

    Characteristics of international finance

    LBOs

    acceleration of IPOs

    stock options (700% increase in 10 years)

    institutional investors (50%+)

    short term value of stock as only performancecriteria virtual assets

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    Characteristics ofNew Economy management:

    value associated to idealized top executives; CEOs =500 times average employee salary; bonus gone from

    3$ to 64$ per 1000$ of value in 10 years; aggressivePR; image ofresponsibility ; only 1.5% of stockoptions paid to employees; etc.

    Complicity or cooptation of social actors:

    governments (Enron financed by 7M$ public

    investments : USA, Germany, UK, France, Italy,Japan); financial analysts; accounting andconsultation firms; business schools; business press;host governments; etc

    Enron in India: an Isolated Case ?

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    1992: rumors that the Dabohl contract signed in India wascorrupted (level of investment = 50% of the provinceseducation budget)

    1993: the World Bank refuses to finance the project (cost

    of energy 4 times higher than locally-produced energy) 1995-96: the Indian government attempts to withdraw

    from the project; beginning of physical violence withassistance of police

    1997: Amnesty International report

    1997-2001: abnormal stock price growth

    1999: Human Rights Watch report

    2000: note 16 in Enrons financial report

    1992 2002: Enron : 29 allegations of corruption

    2001: resignation of VPs and CEO

    2002: report of the US House of Representatives

    Precursory Signs (Prodomes)

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    Enron : denial; legal attack for breach of contract;lobbying; corruption; intimidation; etc.

    Financial analysts: no investigation of allegations, norof note 16

    Accounting firms and internal audit: complicity andcooptation

    Monitoring bodies ineffectual: SEC, FERC, board

    Media: a few articles on tensions in India; no fieldinvestigations, no images

    Still today: the Enron scandal: a financial scandal formost people

    Response of Social Actors

    to Ethical Issues

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    Cleansing of financial markets

    Some companies enter stocks options into theirbooks as expenses : Boeing, G.E., G.M., Citigroup

    Some Enron top executives cooperate with justice

    Proliferation of new approaches and tools: ex: U.N.Global Compact; CSR; social and environmentalaccounting; OECD principles, Caux Table; etc.

    36% of CEOs more aware of integralresponsibilities (but only 10% invest in CSR)

    19% of transnational companies have disinvestedfrom countries where Human Rights are violated

    Present-day Positive Signs

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    How to bring accounting firms and financial analysts tointegrate CSR norms ?

    guarantee that these norms represent reality ?

    ensure company governance ?

    make companies responsible not only towardsshareholders ?

    de-co-opt media and other organizations ?

    increase the integrity of business students andmanagers ?

    diminish the phenomenon ofethical leveling,denounced by Kierkegaard in 1850 !?

    Many Questions Still Remain

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    Amity Business SchoolEthics and Social Responsibility

    Around the World

    Ethical issues

    Workers not well paid (often work 12 hours aday, 7 days a week)

    Piracy of intellectual property, counterfeiting,

    and industrial spying

    Human rights violations Use of prisoner and child labor

    Ethical Problems and

    ConcernsChina

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    Amity Business SchoolEthics and Social Responsibility

    Around the World

    Political campaign contributions & lobbyists

    Fraud in mortgage sectorAttitude ofcaveat emptor

    Rising wage inequality

    middle class wages stagnant for a decade Lack of health benefits for workers

    Loss of promised retirement benefits

    Ethical Problems and

    ConcernsUnited States

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    Globalization

    Criticisms of globalization

    Offshoring of business services jobs to lower-

    wage countries

    Growing trade deficits

    Slow wage growth

    Environmental and social impacts

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    Amity Business SchoolPrinciples of the Global

    Compact

    http://www.unglobalcompact.org/AboutTheGC/faq.html

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    Amity Business SchoolCorruption Index:

    Least and Most Corrupt Countries

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    Amity Business SchoolDefinitionDefinition

    Corporate social responsibility (CSR)

    refers to

    Those actions taken by a firm that are

    intended to benefit society beyond therequirements of the law and the direct

    interests of the firm (HLD, p. 65)

    CSR is generally concerned with

    Working conditions

    The social and environmental impacts of

    corporate activities (externalities)

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    Amity Business SchoolWhy is CSR Important?Why is CSR Important?

    MNCs are becoming more concerned

    about CSR. Why?

    Is it from the goodness of their hearts?

    Is it due to external pressure?

    Is it good for business?

    Is there a trade-off between financial

    performance and social responsibility?

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    Amity Business SchoolMNC Concerns andMNC Concerns and

    ResponseResponse Why ethics is vital for business

    Increased media and public attention

    Ethical failures can have damaging effects onworkers, managers, investors

    An ounce of prevention.

    MNC responses

    Adoption of internal codes of conduct

    Working through business alliance

    Supporting the adoption of global standards

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    Amity Business SchoolCSR and SustainabilityCSR and Sustainability

    In The Triple Bottom Line (2006),

    Andrew Savitz wrote,

    The truly sustainable company would

    have no need to write checks or giveback to the local community, because

    the companys daily operations would not

    deprive the community, but would enrich

    it.

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    Amity Business SchoolTrust in LeadersTrust in Leaders

    0 10 20 30 40 50 60

    Average Across All 15 Countries Surveyed

    NGO leaders

    Leaders at the U.N.

    Spiritual/religious leaders

    Leaders of Western Europe

    Managers of the global economy

    Managers of the national economy

    Executives of MNCs

    Leaders of the U.S.A.

    52

    42

    41

    36

    36

    35

    33

    27

    Adapted from Figure 3-1: Trust in Leaders: Percentage Saying A Lot and Some Trust

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    Amity Business SchoolPerceptions of MNCsPerceptions of MNCs

    TIs 2006 Global Corruption BarometerMost corrupt: Political parties and

    legislatures

    In the middle: the business sectorMost trusted: religious bodies and non-governmental organizations (NGOs)

    MNCs face pressure to pay greater

    attention to CSRNGOs mobilize public support andopposition

    MNCs expected to adhere to higherstandards

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    Amity Business SchoolThe Role ofNGOsThe Role ofNGOs

    Emergence of organized civil society

    NGOs have altered the global business

    environment

    NGO activism has lead to importantchanges in corporate behavior and

    governance

    Major criticisms of MNCs by NGOs

    Exploitation of low-wage workersEnvironmental abuses

    Intolerable workplace standards

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    Amity Business SchoolLegal and

    Regulatory Issues

    Foreign Corrupt Practices Act

    (http://www.usdoj.gov/criminal/fraud/docs/dojdocb.html)

    Illegal to influence foreign officials through

    Personal payment

    Political contributions

    When bribes removed, MNCs more willing to do business in

    that country

    Restrictive bureaucratization

    Government controls often inefficient and uncorrected Local politics often prevail over national concerns

    Privatization

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    Amity Business SchoolCorporate GovernanceCorporate Governance

    Corporate

    Governance

    Structure

    Distribution of

    rights and

    responsibilities

    Stakeholders

    Board

    Managers

    Shareholders

    Spells out the

    rules and

    procedures

    Making

    decisions

    Setting objectives

    Means of attaining objectives

    Monitoring performance

    The system by which business

    corporations are directed and

    controlled

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    Amity Business SchoolInternational AssistanceInternational Assistance

    Governments and corporations increase

    collaboration to provide assistance to

    communities and locales through global

    partnerships

    Best investments

    Controlling and preventing AIDS

    Fighting malnutrition

    Reducing subsidies and trade restrictions

    Controlling malaria

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    Amity Business SchoolRegulation of Trade

    and Investment

    Individual countries use legal and regulatory policies to

    affect the international management environment

    If a country is perceived to engage in unfair trade

    practices (WTO and similar agreements) Government support (subsidies)

    Require MNCs to accept local partners

    Response may be

    Retaliatory tariffs Restrictive trade regulations

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    Amity Business SchoolMillennium Development Goals