FACULTY OF EDUCATION AND LANGUAGE

SEMESTER: MAY/ YEAR: 2013

COURSE CODE: OUMH3203 COURSE TITLE : PROFESSIONAL ETHICS

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Table of Co !e !

Pa"e

1# INTRODUCTION

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2# CONTENT 2#1 2#2 2#3 2#* CHARACTERISTICS $$$$$$$$$$$$$##### TYPES OF %RI%ERY $$$$$$$$$$$$$### ANALYSIS $$$$$$$$$$$$$$$$ RECOMMENDATIONS $$$$$$$$$$$$$$# $$$$$$$$$$$$$$$$$$$$# $$$$$$$$$$$$$$$$$$$$# 3 3&' (&) )&+ , 10

3# CONCLUSION *# REFERENCES

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1#

INTRODUCTION

Mordida in Mexico, dash in South Africa, baksheesh in Middle East, schimengeld in Germany, bastarell in Italy and rasuah in Malaysia are pointing at the same thing which is bribery !ribery treats as one of the condition of ethical problem in wor"ing en#ironment !ribery happens e#erywhere in the world and classified as a white collar crime $he moral se#erity of the bribery problem is depend on the indi#idual #iew because e#ery indi#idual has a different perspecti#e in defining the ethical system, their own priorities, their standard basis of moral and their purpose and options of actions !ribery has been happened between people and go#ernment officials for examples to speed up trade licenses, for police protection and for loan transactions Ethical problem is a situation that re%uires a person or organi&ation to choose between alternati#es that must be e#aluated as ethical 'right( or unethical 'wrong( In )*+,s, the act of paying foreign officials in legal processes or obtaining contracts was a common business practice around the world $he -atergate scandal, which caused .ichard /ixon0s resignation as president highlighted corporate bribery into world attention $here are many people become money oriented and thin"ing of there are no important of morals and ethics in dealing with other people According to the dictionary, bribery is the act of gi#ing, offering, ta"ing or recei#ing something in term of monetary or other benefits with the intention of influencing the recipient in some way fa#orable to the party pro#iding the bribe 1ommonly bribery purpose is to influence the action of an official in the discharge of his or her public or legal duties .egardless of who initiates the deal, either party to an act of bribery can be found guilty of the crime independently of the other $he co2operation from e#ery part of organi&ations and management should be impro#ed in order to o#ercome bribery $hough there are many isolated cases, some of them are 3ust "eep secret 4owe#er our go#ernment has ta"en some serious actions towards those people that practice bribery in their line of wor"

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2#1

CHARACTERISTICS

$hese are some characteristics of bribery62 2)) Any positions, titles, designations, 3obs, contracts or ser#ices, and promise for any type of 3ob or ser#ice 2)2 2)5 Any type of compensation, discount, commission, rebate or bonus Money, donation, loan, fee, gift, expensi#e collateral, properties 'mo#eable or immo#able(, rights in properties or any other similar benefits 2)7 Any action that pre#ents oneself from claiming any money or monetary #alue or luxurious items 2)8 Any type of ser#ice or help such as protection from any penalties, disciplinary penalties, ci#il or criminal charges $his includes using one9s authority or pre#enting from using one9s authority to pro#ide that protection 2): Any payments, exemptions, settlement of loans, obligations and liabilities either in whole or in part 2)+ Any offers or promises, with or without conditions, to gi#e bribes such as any of the abo#e items

2#2

TYPES OF %RI%ERY

$here are different types of bribery such as62 22) ;ffering or gi#ing bribe Any persons or agents that offer or gi#e or agree to gi#e a bribe 'money or items or ser#ices( as a moti#ator or reward to perform or not to perform any related transaction or related to a formal transaction, principal or employer

222

.e%uesting or recei#ing bribe

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Any person or agent that demand or re%uest or recei#e or agree to accept any bribe as a moti#ator or reward to do or not to do anything related to any formal or informal acti#ities

225

Ma"ing a fa"e or unreliable claim Any person who gi#es to an agent or an agent gi#es to his principal or employer, a document that he or she "nows or reali&es contains forged information with the intention of decei#ing his or her principal or employer

227

Misusing title or position Any public sector executi#e that use their title and position to recei#e bribery for any decisions or actions related to himself, where the executi#e, his relati#es or his cronies ha#e an interest in directly or indirectly Source: Anti-Corruption Agency, Malaysia

<et us loo" how bribery is considered as an ethical problem in economic aspect According to the business dictionary, bribery is the act of ta"ing or recei#ing something with the intention of influencing the recipient in some way fa#orable to the party pro#iding the bribe !ribery is typically considered illegal and can be punishable by 3ail time or stiff fines if authorities find out about the bribe According to -orld !an" report ')**+ p 2,(=!ribes can influence the allocation of monetary benefits 'for e#asion, subsidies, pensions, or unemployment insurance ( !ribes can be used to reduce amount of taxes or other fees collected by go#ernment from pri#ate parties In many countries tax bill is negotiable !ribes may be demanded or offered for the issuance of license that con#eys an exclusi#e right, such as a land de#elopment concession or exploitation of a natural rescores Sometimes politicians and bureaucrats deliberately put in place policies that crate control rights, which they profit from by 8

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selling !ribes can speed up the go#ernment0s granting of permission to carry out legal acti#ities !ribes can alter outcomes of the legal and regulatory process, by inducing the Go#ernment either to fail to stop illegal acti#ities or to unduly fa#ors party o#er another in 1ourt or other legal proceeding = $his report shows that bribery gi#e big impact to our economic status Go#ernment should be worry of the conse%uences In legal approaches, bribery is a serious offence in many countries >or o#er ten years, organi&ations such as the ;rgani&ation for Economic 1ooperation and ?e#elopment, the 1ouncil of Europe, and the @nited /ations ha#e been helping de#eloping countries adopt legal measures to fight corruption $he #arious anti2corruption con#entions signed by a wide number of countries represent perhaps the most common element of such wor" Malaysia has its own act under Anti21orruption Agency against bribery which is included in Anti21orruption Act )**+ ;ne of the purposes is to reduce or eliminate the fre%uency of bribery In legal terms, bribery is described as the act of accepting or offering something of #alue, such as money, in return for a certain action or influence on a go#ernment official !ribes can ta"e many different forms, but are always intended to influence or alter the action of #arious indi#iduals !ribery goes hand in hand with both political and public corruption According to law, both the recipient of the bribe and the pro#ider of the bribe can be charged with the offense of bribery A bribe may be a gift gi#en to someone in exchange for certain action or influence ;ther forms of bribes may include property, #arious goods, pri#ileges, ser#ices and fa#ors 4owe#er, the most common bribes are gi#en as currency In moral #alue of the ethical in bribery, there are a few issues can be raise $here are some mixture of opinion between bribery and extortion !ribery said to be illegal agreement whereas extortion said to be forced upon the #ictim $herefore extortion and bribery can be classified as unethical as well In reality, it is uneasy to differentiate between a bribe from extortion >or example in order to release imported containers where there are need to ha#e a serious discussion with custom officials $here are many :

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other examples of where bribery can be happened $he conse%uences are significant Aublic safeties in term of consumers0 food products to children toys seem not important anymore International bribery directly wea"ens the effort to protect basic human rights $his is a big complication that should not be ignored

2#3

ANALYSIS

<et us see why people need to bribe $here are many reasons to practice bribery from the smaller to a bigger matter E#en though many people that were offered bribe aware of the conse%uences and the punishments that they might face, the temptation of ma"ing more money or ha#ing extra#agant materials that beyond their status or actual salary -hen there are big holes in ethics, people can easily fall to this bribery issue $here are many organi&ations or companies or official that prone to the bribery issues 4ere are some examples6 Go#ernment official2 bribe in exchange for doing something illegal change in his duties that also misuse his title Go#ernment officials are poorly paid and use bribery to supplement salaries A witness2 bribe in exchange of testimony that was not the actual incidents >oreign ;fficial2 bribe in expected of landing or maintaining important and significant business contacts !an"2 Exchange in business transaction to do a fa#our of something Sporting 1ontests2 change the result intentionally 4ealthcare industry2 ?octors and pharmacist to prescribe the pharmaceutical company0s drug or medicine !ro"ers2 bribe to con#ince companies to choose their ser#ices o#er those of another pro#ider +

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>ood industries2 bribe to gi#e the opportunity to their products in certain outlets or countries

!usiness2$o cross o#er the red tapes0

!ribery is not a small matter because the effect is massi#e 4ere stated some of the effects of bribery to our society and country $he in#ol#ed party becoming a selfish indi#idual $hey do not ha#e conscience to do the right thing 3ust because of their own satisfaction $he unfair result for those that do not ha#e money to but the influence and power /o more fear and guilt to do thing against moral norm !reeds inefficiencies into the system, erodes growth and depri#es millions of people and the ser#ices which they deser#ed ?ecreases the standard of li#ing and %uality of life Endangered the en#ironment public with the incompetent wor" or construction 1an create political instability and economic distortion which is a disaster for a decent ci#ili&ation Increase in management cost /ew entrepreneurs will need to face so tedious red tape0 before any applications appro#ed <oo"ing at the threat and negati#es conse%uences of bribery, there are some measure needs to enforce in order to curb this problems @nfortunately, below are some reasons why the cases of bribery were not exposed to the appropriate actions @sually they do not ha#e any blac" and white e#idence

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>eeling the need of helping friends or families as if it is their obligation to satisfy their demand

<ac" of moral #alues and commitment to wor" /egati#e attitude towards their own problems <ac" of confidence in Go#ernment officers

As the ris"s of bribery are harmful for economic growth, personalities and illegal it should not treat as a simple matter Aunishment should be enforced to those irresponsible indi#iduals 2#* RECOMMENDATIONS $he different le#els and types of bribery are clearly defined in most of the countries Although there are challenging tas"s for the implementation of the actions against them, there are some recommendations to be considered $he implementation of the anti2bribery practices and policies to the bribers In Malaysia, there is a website formed to list the names of the bribery offenders Increase of a fine and imprisonment period ?e#elop strong institution that against unethical beha#iour 1hec" the monopoly power of public officials or any powerful agent Ma"e e#ery exchange or transaction accountable by clear codes of conduct Institutionali&e accountability mechanisms at different le#els of go#ernment and limit discretion Maintain the good reputation from the smear of immoral act of bribery

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Aublic awareness of the punishment or sentencing of the bribery by mass media and internet

Applying laws uniformly and fairly Education and awareness of the punishment and good wor"ing ethics is #ery important

Establishing a clear and accessible system for the reporting of any suspicious beha#iour

Strict enforcement of ethics codes is essential $hose who #iolate the company code ought to be punished

.egardless of the charge or guilt, those that fall to bribery or other related charges should hire the attorney 4a#ing the professional to assist the cases is #ery helpful because the punishment can be se#ere $he attorney0s fees for handling the case may #ary which are depending on many factors

CONCLUSIONS

In most community, gift exchanges are #ery common and considered as symbolic expressions of interpersonal and social relationships Gifts also implied as a reward for assistance and ser#ices Some people may ta"e ad#antages of this traditional practice in ),

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ma"ing an excuse to bribe Selfishness and a#oiding any form of accountability and often pushed by greed changed a gift into the bribe !ribes are dri#en by selfishness while a#oiding any form of accountability, sometimes pushed by the presumed need to sur#i#e and often stimulated by mere greed Aeople in business bribe executi#es to obtain fa#ors or to do something illegal without get caught @nfortunately, the phenomenon of bribery is not in a small scale but flooded some societies ferociously that it endangers the community life and economic mechanisms -e ha#e seen that high le#els of bribery acti#ities ha#e #ery harmful effects on economic and political de#elopment in any countries that cannot control it 1on#oluted regulations and wea" rule of law foster a culture of corruption and informality both in the pri#ate and public sectors $here are cases of corruption that respond to the unethical nature of the corrupt indi#idual !ut for the most part, the unethical beha#ior stems from the en#ironment in which indi#iduals must interact In order to fight bribery and informality, it is essential to understand that bribery is a symptom of o#erregulation, lac" of rule of law, a large public sector $he optimal solution would be to eliminate burdensome regulations so that an unethical beha#ior does not occur Economic freedom in all possible areas of economy must be ad#anced to ma"e sure there are less obstructing economic acti#ity and then impro#e on the cost of life 1ountries must also preser#e the independence and effecti#eness of the 3udiciary to punish corrupt actions Economic freedom with a strong rule of law will foster a culture of in#estment, 3ob creation, and institutional respect are the essential factors in massi#ely impro#ing the li#ing standards of ordinary people and fight bribery ' 25B) words(
REFERENCES

<awyer Shop 1om !ribery .etrie#ed on 2, May 2,)5 fromhttp6CCwww lawyershop comCpractice2areasCcriminal2lawCwhite2collar2 crimesCbribery2"ic"bac"s ))

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Eli&abeth Spahn 2,,B =International !ribery6 $he Moral Imperialism 1riti%ues= Express; A#ailable at6 http6CCwor"s bepress comCeli&abethDspahnC) http6CCwww legalinfo comCcontentCcriminal2lawCcrime2o#er#iew2bribery html http6CC&aharuddin netCsenarai2leng"ap2arti"elC5BC+B)2corruption2and2bribery2will2destroy2 our2nation html Ma-. P/e!0 a 1 H2"2e!!e Labelle# Making sure that bribes don't pay. .etrie#ed on 22 May 2,)5 from0!!3://444#oe51#o-"/1af/a !/& b-/be-6/7a./ "82-e!0a!b-/be81o !3a6#0!7

4o Eo Ann, $ee Feng Fo" '2,))( Malaysia Fuala <umpur

!MM"#$" %ro&essional 'thics ;pen @ni#ersity

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