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50 best business ethics blogs and news sources - new listing from Online MBA Guide

TRACE COMPENDIUM - a compilation of summaries of international anti-bribery enforcement actions.

Former Illinois Governor Rod Blagojevich found guilty by Chicago jury of just one out of 24 corruption charges - Judge declares mistrial - prosecutors to retry.
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Securities & Exchange Commission Set to Force New Era of Corporate Disclosure - Compensation Seen as Key Focus SEC Commission Chairman Mary L. Schapiro discusses the new US financial reform legislation and the SEC actions now...
July 27, 2010

This law creates a new, more effective regulatory structure, fills a host of regulatory gaps, brings greater public transparency and market accountability to the financial system and gives investors important protections and greater input into corporate governance. I believe the Act, especially when fully implemented, will bring us closer to a goal we all share: namely, more stable financial markets that better protect investors and facilitate the capital formation on which our workers, investors, companies and economic growth rely.

… Corporate Disclosure: we will be adopting many rules in this area—especially in the area of executive compensation.

Advisory say-on-pay votes will be required at all companies at least once every three years. Shareholders will have a similar say on golden parachutes that provide payments to executives in the wake of mergers, acquisitions and major asset transactions.

Companies will be required to calculate and disclose the median total compensation of all employees and the ratio of CEO compensation to that of employees. The relationship between senior executives' compensation and the company's financial performance will also be calculated and graphed for shareholders' information.

In addition, companies will be required to develop "clawback" policies for reclaiming incentive-based compensation from current and former executive officers after a material financial restatement. And rules governing when brokers can vote proxies without instruction from beneficial holders will be revised further so brokers cannot vote on compensation matters—like the new say-on-pay requirement—or other significant matters that the Commission determines by rule.
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What is Going On at the United Nations ?

Associated Press
reported on August 9, 2010, that Secretary-General Ban Ki-moon has called stinging criticism leveled by two former senior U.N. officials as "unfair." in his first statement after accusations of failing to combat UN corruption, he said, "If anybody, or any member state within the U.N. system, or any colleague of mine in the U.N. secretariat accuses me on the issue of accountability, or ethics, then I regard it as unfair. It was I who have taken this accountability, and the highest standard of ethics by the U.N. secretariat has been held from day one."What is going on at the United Nations?...continuation of story fro m HOME page...

Two times in the past month top U.N. officials who were in charge of fighting corruption within the world body have blasted Ban's leadership and accused him of leaving the oversight agency in tatters by ignoring U.N. hiring rules that require filling vacancies based on experience and qualifications. Inga-Britt Ahlenius, the Swedish former auditor general who stepped down as U.N. undersecretary-general for oversight last month, detailed her frustrations with Ban in a 50-page confidential "end-of-assignment" report, largely blamed Ban for the mess that she said she was unable to fix at the Office of Internal Oversight Services that she headed since mid-2005, because Ban nine times blocked her from hiring a highly respected former U.S. prosecutor as permanent head of the investigation division.

American prosecutor, Robert Appleton, has filed a 76-page grievance accusing Ban of blocking his hiring to the U.N.'s top investigative post because of discrimination based on gender and nationality. Appleton headed the U.N.'s special white collar fraud unit, known as the Procurement Task Force, from 2006 to 2008.
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INSIGHT: A Remarkable Wall Street Journal Article on Money Laundering and Corruption in Afghanistan -

Wall Street Journal reporter Matthew Rosenberg has written a remarkable story - “Afghanistan Money Probe Hits Close to the President” in the August 12 2010 edition of his newspaper. It provides a detailed insight into (a) the possible scale of international money laundering that is transacted via Kabul; (b) the range of possible beneficiaries of these transactions; (c) the substantial skills of U.S. trained Afghan investigators; (d) the potential risks of the investigations being closed by the Afghan government because the findings may well implicate very senior politicians and officials; and (e) the tensions between the U.S. and Afghan governments over how these investigations are handled.

This is important because in November 2009 President Obama publicly decried fraud in the presidential elections in Afghanistan. Thereafter, the U.S. President and Secretary of State Hilary Clinton stressed repeatedly in public their concerns about corruption in Afghanistan. This is unprecedented – never before have major world leaders been so critical of a foreign allied government at a time of war over the issue of governmental corruption. In the course of the first six months of 2010 there have been U.S. Congressional investigations into aspects of alleged corruption in Afghanistan, there has been outstanding corruption reporting, notably by The Wall Street Journal and The New York Times, but there has also been concern that President Obama’s comments amount to little more than empty rhetoric.

Mr. Rosenberg’s article suggests that the U.S. President’s admonitions were followed-up with effective efforts by U.S. FBI and other officials to train Afghan anti-corruption investigators and that this in turn is now leading to a set of critical, top level, issues. The reporter provides extensive detail.

The Wall Street Journal article reports that U.S.-trained agents from an Afghan anti-corruption task force raided the headquarters of Afghanistan’s largest "hawala" money-transfer business, the New Ansari Exchange, on January 14 of this year and took away “Tens of thousands of pages of documents.” These showed that the company allegedly was helping to launder profits from the illicit opium trade and moving money earned by the Taliban through extortion and drug trafficking. Links were also said to have been found to money transfers for “some of the most powerful political and business figures in the country, including relatives of Mr. Karzai.”

The article stated, “The New Ansari probe is now threatening to disrupt relations between the Afghan president and his U.S. allies. Last week, Mr. Karzai took more direct control of the task force that staged the raid, the Sensitive Investigative Unit, and another U.S.-advised anticorruption group, the Major Crimes Task Force. He ordered a handpicked commission to review scores of past and current anticorruption inquests. Senior U.S. military and civilian officials with direct knowledge of the events regard Mr. Karzai's move as an effort to protect those close to him and, in the process, to quash the investigation into New Ansari.”

Mr. Rosenberg reported that “Afghan customs documents reviewed by the Journal indicate that $3.18 billion of cash was flown out of the country between the start of 2007 and February 2010. Couriers identified by U.S. and Afghan officials as working for New Ansari carried $2.78 billion of it, according to the documents. One New Ansari courier, identified by the documents only as Rahmatullah, personally carried at least $2.3 billion out of the Kabul airport between the start of 2008 and the middle of 2009, much of it to the United Arab Emirates financial center of Dubai, a senior U.S. official said. New Ansari's manager, Haji Muhammad Khan, said in a recent interview the company did nothing wrong. The money being flown out of the country was declared, so moving it was legal.”
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  • ETHICS OF LOBBYING - MORE TROUBLE FOR BP AS ITS LIBYAN CONNECTIONS REVEALED

  • The New York Times reported July 15, 2010, that BP has publicly confirmed that it lobbied the UK Government of then Prime Minister Gordon Brown for the release of Abdel Basset Ali al-Megrahi, who was in prison in Scotland for the 1988 Lockerbie plane bomombing that killed 270 people. The Government released the prisoner and sent him back to Libya last year claiming his acute illness gave him just 3 months to live - he is still alive today. Meanwhile, BP's efforts related to its negotiations with the Government of Libya over a $900 million offshore oil and gas exploration and development deal. The US Senate is investigating.
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    Thurgood Marshall Jr., son of legendary US Supreme Court Justice and a former White House legal advisder joins the Board of Directors of the US Ethics Resource Center.

    Marshall is a partner in the Washington, D.C. office of Bingham McCutchen LLP.served as assistant to the President and Cabinet secretary to President Clinton from 1997 to 2001. Earlier in the Administration, he was director of legislative affairs and deputy counsel to Vice President Gore.
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    TRUST ....Viewpoint from Frank C. Bucaro

    "Is Trust Taking a Hit?" asks this US ethics commentator.

    He suggests: “Is it just me, or is trust “taking a hit” lately? How about the lead story of the past several weeks; Do you feel the information released has been 100% accurate on the situation in the Gulf of Mexico? How about politics? Do you feel totally confident about the accuracy of information circulated by political candidates? What about consumer products? Do you ever question the safety or effectiveness of a product, even if backed by a big name brand? How about your healthcare provider? Ever questioned a diagnosis or treatment plan?”
    Bucaro draws attention to the need to “Pay attention to your Moral Compass!”
    Find the full article at his website.

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  • And talking about trust.....
    DENNY SWENSON,Executvie Producer of Lighthouse Productions, has made a thought-provoking documentary on business ethics. Key questions about the need to build trust in American corporations are put by University of Pennsylvania, Wharton Schoiol ethics Professor Tom Donaldson to an array of experts. The most facinating interview involves Aaron Beam, the former finance director of Health South, who went to prison for cooking the books.

    The TV program, shown earlier this year on US public television (learn more - click here) asserts that. "Every day in corporations around the world, careers, capital and time-honored brands that may have taken decades to build are put at risk. Because – as a never-ending stream of news stories keeps proving – corporate ethics scandals can sweep them away in the blink of a news cycle."

    While the experts agree on the range of risks involved and the critical importance of good corporate ethics, the film provided few practical and fresh answers. Nor did it raise the key issue of the huge gap in the US between top compensation and average pay, which for many workers is seen as an ethical issue. Nor, did it bore down into the key finding of many Ethics Resource Center surveys that the CEO must provide, every minute of the day, model ethical leadership.

    Key point -- more documentaries of this kind are needed to take business ethics from the sidelines into the mainstream.

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Group of 20 Summit Declaration Features Anti-Corruption...June 27, 2010 - extract - "We agree that corruption threatens the integrity of markets, undermines fair competition, distorts resource allocation, destroys public trust and undermines the rule of law. We call for the ratification and full implementation by all G-20 members of the United Nations Convention against Corruption (UNCAC) and encourage others to do the same. We will fully implement the reviews in accordance with the provisions of UNCAC. Building on the progress made since Pittsburgh to address corruption, we agree to establish a Working Group to make comprehensive recommendations for consideration by Leaders in Korea on how the G-20 could continue to make practical and valuable contributions to international efforts to combat corruption and lead by example, in key areas that include, but are not limited to, adopting and enforcing strong and effective anti-bribery rules, fighting corruption in the public and private sectors, preventing access of corrupt persons to global financial systems, cooperation in visa denial, extradition and asset recovery, and protecting whistleblowers who stand-up against corruption."
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South African police chief found guilty of corruption. Jacob Sello Selebi, seen to have been involved with organized crime, could face 15 years in prison. His trial, reported the BBC, “has been described as one of the defining trials of post-apartheid South Africa.” He was appointed to head the police force after having served as South Africa's permanent representative at the United Nations in Geneva for three years and then as director general in the Department of Foreign Affairs. July 2, 2010.
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    The 1984 Bhopal calamity

    Mindful of the Gulf of Mexico oil disaster it is enlightening to recall the greatest of all corporate humanitarian tragedies. Article by S. Viswanathan the Hindu, India - excerpt

With a former Chairman of Union Carbide India Limited, Keshub Mahindra, and seven others convicted and sentenced to two years imprisonment by a trial court, the 26-year-old Bhopal tragedy case has reached a new stage.
The long wait for the families of thousands of victims who were either killed or seriously injured by toxic gas that leaked from the Union Carbide's chemical pesticide plant has not brought justice to these people, most of who are poor. This is a heart-rending case of justice delayed, justice denied. The subject therefore is back in the arena of public discussion.
Moves are on to take the issue to higher courts, either in India or the United States or both. Meanwhile questions are being raised and discussed over the whereabouts of Union Carbide Chairman Warren Anderson, the principal accused in the case and a proclaimed absconder. A hot question raised is who facilitated the escape of Anderson who visited Bhopal a couple of days after the disaster after being assured of “safe passage.” He was arrested along with a few other executives of Union Carbide but freed and allowed to return to the United States.
The main issue
The key issue, as it often happens, is being sidetracked: it is the accountability and culpability of those in Bhopal and New Delhi who made the critical decisions preceding and following the calamity....
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Afghan Women: Artfully Unforgotten By Heather Metcalfe

Excerpt from Policy Innovations June 10, 2010

Photo: Heather Metcalfe © 2009.

Rabia Balkhi wrote her last poem on the bathroom wall with her blood while dying. She had fallen in love with a servant and her brother ordered her killed. Rabia died a violent and unjust death, but the people of Afghanistan now remember her as a hero.

In June 2009, I asked men and women in Afghanistan about heroines. Rabia's name was always mentioned. She was a famous poet who had challenged the cultural norms by falling in love with her brother's servant. Her brother's honor was therefore ruined and he ordered her dead. Nobody could tell me what poem she wrote on the wall, but that was not the point. The point is she refused to give up and die a victim. She defied her brother by having the last word.

Rabia was a strong woman who refused to be silenced, and women and men alike visit her grave in honor. While in Mazar-i-Sharif where I learned of Rabia's story, I decided hers was a story that needed to be told, together with the stories of the women of Afghanistan.

Storytelling is what I do. Throughout my life I have told stories by acting in the theatre. I transitioned into telling the stories of battered women and children while serving as a legal advocate, and I went to law school to expand my ability to present those stories in court. Yet I found myself drawn to advocating through art rather than in the courtroom. Instead of jumping into the practice of law, I founded Artfully Unforgotten, a nonprofit where artists raise awareness and resources for vulnerable communities through telling stories that don't often get heard, such as Rabia's.

Today there are women like Rabia Balkhi all over Afghanistan. These women refuse to give up and be victims, even though they experience severe oppression. I realized when hearing their stories that it serves no one to think of Afghan women as merely victims, because they are the last ones to see themselves as such. Nor does it help the cause for women's empowerment worldwide. Thus, the NGOs and media working in Afghanistan should tell these stories of strength and accomplishment among Afghan women.

Ferishta is one such woman, the founder of a soccer ball manufacturing company. Ferishta said, "The women of Afghanistan are strong. All the men in the world would not be able to bear the pain that they have endured." Ferishta fled to Pakistan during Taliban rule. She returned to Afghanistan upon the fall of the Taliban with nothing in hand and no home. She got a job with the UN, married a childhood friend, and started her own company. It never crossed her mind to merely be a victim.

The article concludes...According to UN Resolution 1325 [PDF], women are to be included in the rebuilding of society, especially post-conflict. If women are constantly viewed as victims, then the resources women have to offer are likely to be overlooked. If NGOs and donor governments want to further the cause of Afghan women, then more stories of their accomplishments need to be told. Not only will these stories encourage a belief in their ability to rebuild Afghanistan, but they will also inspire hope in women worldwide.
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  • Congratulations -- ProPublica Wins America's Top Journalism Prize -- Pullitzer Award Goes to Investigative Reporting on Katrina - New Orleans Health Mystery

    ProPublica, established with philanthropic funds to pursue investigative journalism on the web into critical social and political issues of our time, is the first web-based Pullitzer journalism winner.

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    “The conduct would make Lincoln roll over in his grave." --- US Federal prosecutor Patrick Fitzgerald describing the mass of alleged corruption schemes involving former Illinois Governor Rod Blagojevich.  

    June 2 -- The Blagojevich trial has started in Chicago. It highlights both the outrageous kinds of abuse of public office for personal gain that involve powerful politicians, as well as the strength of independence and integrity of the legal system. For all the corruption that exists in US politics – and it is extensive – the counterweight time and again is the independence and authority of the police, the public prosecutors and the judiciary.

    Among the 24 counts of fraud, bribery, extortion, racketeering, conspiracy and other political corruption charges brought against the former Governor and his brother, Robert Blagojevich, none has been seen as more sensational than the effort to sell a U.S. Senate seat. When Barack Obama was elected President he vacated his Senate seat and it fell to the Illinois Governor to select a successor. It is alleged that a covert extortion game was attempted, where the brothers Blagojevich suggested (in telephone conversations taped by the FBI) that the person selected would need to find ways to compensate the brothers in return.

    Indeed, President Abraham Lincoln, who grew up in Illinois politics, may well, as Fitzgerald said, “turn in his grave.”

    Setting the court scene in Chicago, US National Public Radio recalled in its report that in late December 2008 Blagojevich told reporters, "If anyone wants to tape my conversations, go right ahead; feel free to do it." Little did he know that the FBI was doing just that and the evidence to be brought to court includes 500 hours of the Governor’s chat.  

    NPR reported that Federal wiretaps approved in late October of 2008 recorded Blagojevich allegedly scheming to sell the Senate seat to the highest bidder. The tapes allegedly expose schemes involving not just the Senate seat, but also attempts to extort big campaign contributions from a highway contractor, the owner of a horse racing track and an executive of a children's hospital.  

    The federal wiretaps only recorded Blagojevich's conversations less than two months before he was arrested. The indictment alleges corrupt activity dating back six years.  Three former top aides have pleaded guilty and will testify against the Governor.

    "This was allegedly paid to play on ultra steroids, says Andy Shaw, executive director of the Better Government Association.”Everything was for sale, this was government for sale….If the government's case is true, this was the most cynical, hypocritical, disingenuous, approach to government in the history of Illinois and maybe most other states."
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      I have support of Vatican, says cardinal accused of corruption

    Reuters reported on June 22, 2010 that an italian cardinal, caught up in a vast corruption probe that has already tainted the government, said he had done nothing wrong and had the support of the Vatican.

    "I did everything with the utmost transparency," said Cardinal Cresenzio Sepe, the archbishop of Naples, who is under investigation by Italian magistrates for questionable real estate transactions when he was a top Vatican official in 2005.

    Sepe, 67, is being investigated for alleged corruption when he was running the Congregation for the Evangelisation of Peoples, a cash-and-real-estate-rich department of the Vatican that finances the work of missions abroad.
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    BP's Fund - The Ethical Response To Unprecedented Political Pressures?

    The massive US Gulf of Mexico oil spill created an unprecedented agreement by BP, the major company widely seen to be responsible for the initial accident. BP chief executive, Tony Hayward told Congress on June 17 that he was “deeply sorry” for the disaster and that, after a White House meeting, the company is set to establish a $20 billion fund to pay damage claims to thousands of fishermen and others along the Gulf Coast. BP also said it would suspend dividend payments to shareholders. Who will be able to obtain compensation form the fund will pose major practical, legal and ethical challenges for Kenneth Feinberg, who the White House has apppointed as the independent administrator of the fund - he ran the fund for victims of the Sept. 11 attacks.

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      Common Purpose: Joel Kurtzman

      How Great Leaders Get Organizations to Achieve the Extraordinary

      Publisher: Jossey-Bass

      The Milken Institute's Joel Kurtzman tackles the central question of leadership: What is common purpose? It is that rare, almost palpable experience that happens when a leader coalesces a group, team or community into a creative, dynamic, brave and nearly invincible we. It happens the moment the organization's values, tools, objectives and hopes are internalized in a way that enables people to work tirelessly toward a goal. Common purpose is rarely achieved.

  • United Kingdom Passes New Corruption Legislation

    The past failures of the UK Government to prosecute companies that bribed foreign officials, and the blunt rebukes that showered down on the UK, including from the OECD, prompted the drafting of a new law. On the eve of the dissolution of the UK Parliament following the announcement of national elections, the Houses of Parliament voted for the new law.

    Transparency International-UK says this represents an effort "to restore Britain's reputation."

    On April 8, 2010 Chandrashekhar Krishnan, Executive Director of Transparency International UK said: “We congratulate the Government for fulfilling its commitment to modernise UK bribery law in this Parliament and applaud the all-party consensus that has made this legislation possible.  For twelve long years Transparency International UK has been calling for modern, effective anti-bribery legislation.   The new Bribery Act is fit for purpose and will ensure the UK is compliant with the OECD Anti-Bribery Convention.   It will also give UK law enforcement a sound legal framework to prosecute offenders.

    This Act sends out a strong message to UK plc and the rest of world – the UK will not tolerate bribery.  Ethical practices must be firmly embedded in all echelons of business. The era of ‘business as usual’ is over.   

    “Corruption disproportionately affects the poor and is a persistent threat to development and democracy.   The UK will now have greater credibility in encouraging good governance in countries that receive UK aid and in persuading major emerging economies to stop their own companies paying bribes”.

    Transparency International UK congratulates all the major political parties for their resolve to pass this historic and long overdue legislation.  One further step remains to be taken -  the bribery offences in the Act will only come into effect after the Government issues guidance on adequate procedures for companies to prevent bribery.  Transparency International UK urges the incoming government after the general election to ensure that the guidance is issued in sufficient time that the offences will take effect in October 2010.   

THE COSTS OF THE FINANCIAL CRISIS AS SCANDAL DETAILS ARE REVEALED
- 3 NEW STORIES


- ICELAND - A 2,300 investigative report by a special commission has found "gross negligence" on the part of key government pofficials that resulted in the gravest financial and economic crisis in Iceland's history. The Wall Street Journal reported of April 13, 2010, that during October 2008, all three of Iceland's big banks—essentially the entire banking system—melted down within days. "The private banks failed, the supervisory system failed, the politics failed, the administration failed, the media failed, and the ideology of an unregulated free market utterly failed," Prime Minister Johanna Sigurdardottir said in a statement after the report was released. The investigation pointed a finger at seven top officials including then-Prime Minister Geir Haarde.

- LEHMAN BROTHERS - The New York Times lead story on April 13 on page one highlighted an investighation into the collapse of former Wall Street giant bank Lehman Brothers, which showed that it had hidden risky assets and a host of activities from shareholders and investors alike through what it called a small "alter ego" company.

- WASHINGTON MUTUAL - one of the casuses of the largest commercial bank collapse in US history in 2008 was fraud, according to an 18 month investigation into Washington Mutual by a U.S. Congressional team. "Using a pay policy that rewarded employees for originating loans regardless of their quality, Washington Mutual flooded the market with shoddy loans that went bad,” Senator Carl Levin said, as reported by Bloomberg bon April 13, 2010. He added, “It built a conveyor belt to dump toxic mortgage assets into the financial system like a polluter dumping toxic substances into the river.”

  • More Bad News on Giant Corporations -

  • Reuters reported that Germany’s Daimler AG allegedly earned $1.9 billion in sales and at least $91.4 million in illegal profits from transactions tainted by bribes, according to the U.S. Securities and Exchange Commission. There were more than 200 transactions in which it made at least $56 million in improper payments to foreign officials, the SEC said. Daimler issued a statement on April 1, which you can find in full ...see Investigations & Prosecutions

    The Times (London), meanwhile, reported that the UK Serious Fraud Office has carried a series of  searches in connection with suspected corruption by Alstom, the French transport and infrastructure group.  The SFO said  it was investigating suspected bribes paid by Alstom's UK subsidiaries in order to win contracts in foreign markets.


  • More Extortion in Congo -.Global Witness in an investigative report says that in the eastern Democratic Republic of Congo (DRC) former rebels have established mafia-style extortion rackets covering some of the most lucrative tin and tantalum mining areas.  Global Witness campaigner Annie Dunnebacke stressed, “For more than a decade now, the country’s mineral wealth has provided an incentive and a cash base for the conflict to continue. Unless the government and international donors implement a comprehensive strategy which tackles once and for all the economic drivers of this conflict, the local population will continue to suffer and the country’s future will continue to be blighted.”

  • India Sets Key Corporate Governance Mandate for Public Enterprises. The Business Standard reported that the government announced that central public sector enterprises will have to mandatorily follow corporate governance norms, which was introduced on a voluntary basis in 2007. The guidelines cover issues like composition of boards of CPSEs, audit committees, subsidiary companies, disclosures, code of conduct and ethics, risk management and reporting, the statement said.

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RIO TINTO EXEC GETS 10 Years In China - The Verdict: Australian & RIO Responses

(April 9, 2010 - The Wall Street Journal reported that executvie Stern Hu, an Australian national, will not appeal his 10 year sentence.)

March 30, 2010 - VERDICT -- The China Daily reported form Shanghai that a Chinese court sentenced four employees of the UK-Australian mining company, Rio Tinto, to jail terms of seven to 14 years on bribery and commercial secrets charges. The court found Australian national Stern Hu and three Chinese co-workers guilty of all charges. It sentenced Hu to 10 years on bribery and stealing commercial secrets charges and gave him a fine of 1 million yuan.The longest term of 14 years was given to Wang Yong, of which 13 years was for accepting bribes. He was also given a fine of 5.2 million yuan. Media reports last week said Wang was accused of receiving $9 million from a Chinese steel tycoon Du Shuanghua, who hoped to set his own agreements with overseas ore suppliers. The judge told the court that the case had caused "severe" losses to China's steel-making industry and had hurt the interests of the country.

AUSTRALIAN REACTION - Australia’s Foreign Minister, Stephen Smith, has described the shock 10-year jail term handed to the Australian businessman as ''on any measure a very tough sentence'' which put at risk the confidence the international business community needs to operate in China, according to the Sydney Morning Herald. Mr Smith said the verdict left ''serious unanswered questions'' for both the Australian and international business communities over the handling of the charge of stealing commercial secrets.

RIO RESPONDS - The Australian reported that RIO Tinto has ordered a fresh independent review of its processes and controls following the hefty sentences handed out to executive Stern Hu and three of his colleagues yesterday. Rio last night insisted the illegal activities of the employees were conducted "wholly outside its systems" while admitting the evidence in court had showed beyond doubt the four employees had accepted bribes. Rio Tinto Iron Ore chief executive Sam Walsh said: "Receiving bribes is a clear violation of Chinese law and Rio Tinto's code of conduct, The Way We Work. "We have been informed of the clear evidence presented in court that showed beyond doubt that the four convicted employees had accepted bribes. “By doing this they engaged in deplorable behavior that is totally at odds with our strong ethical culture. "In accordance with our policies we will terminate their employment."

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GOOGLE QUITS CHINA
When should business leave on human rights grounds? - Aron Cramer and Dunstan Allison Hope of Business for Social Responsibility Provide the Answer.

With Google’s decision today to shut down its Chinese-based search engine, google.cn, the company has won considerable praise from organizations concerned about its human rights record. This approval stands in stark contrast to the condemnation the company received when first entering the country in 2006. The Financial Times cartoonist Ingram Pinn captured these contrasting perspectives perfectly, depicting Google as the speech-suppressing “Great Firewall of China” in 2006, then casting the company as the lone protestor stopping the tanks in their tracks in 2010.

Google’s decision again raises a question of serious interest to business, the public, and governments: When is it right to cut ties and leave a country on human rights grounds?

Leaving often seems like the clear-cut ethical winner in this debate. There often is, however, a case for companies to stay, provided there is a commitment to making a positive impact on human rights. Leaving may look and feel great to those of us in the West, but exiting a market may not always have the desired impact.

Consider the case of the consumer electronics companies. They are increasingly under fire about whether the metals they source from the Democratic Republic of Congo (DRC)—tin, tantalum, and tungsten—may be helping fund the purchase of weapons that fuel violence and human rights abuses in one of the world’s toughest conflict zones. There is a consensus that “conflict minerals” should be eliminated from the electronics industry, and the tempting next step is to cut out all minerals sourced from the DRC.

But that decision isn’t as simple as it may seem: Because end buyers purchase from refiners that often combine ore from multiple sources, traceability remains a problem, and it might not even be practical to “leave” the country.

By contrast, what if companies were to leverage their purchasing power to drive positive change in the DRC? Perhaps there is a role for business to bring “development-oriented metals” to market by identifying specific mines where the benefits of mining are shared locally and production upholds human rights. As an alternative to leaving, companies could also explore diplomatic channels to encourage a sustainable trade in minerals in the DRC and the surrounding region.


GE is taking a related approach in China and Vietnam, where the issues are very different than those in the DRC. Among the company’s top corporate responsibility priorities is “rule of law.” GE’s leadership believes that effective government in emerging markets is critical for both business success and human rights, and the company therefore works with government and civil society to establish transparent legal systems, encourage open law-drafting processes, and develop well-trained judges and lawyers. For example, GE attorneys teach classes at law schools in both countries, and the company’s foundation also invests in rule-of-law initiatives by providing grants such as one in China to an organization focused on commercial law, intellectual property rights protection, and citizens’ rights, and another in Vietnam to a program that aims to strengthen courts and enhance legal transparency.

One might conclude that the comparisons between countries don’t work, because all situations are different. In fact, that is exactly the point: When it comes to determining whether a company’s decision to enter or exit a market is good or bad for human rights, there’s no one-size-fits-all rule, and the ethics of the decision will vary considerably with the context.

As such, “are you in or are you out” may be the wrong question. No company automatically advances human rights by leaving a country, and, likewise, no company automatically improves the situation by staying. In all but the worst cases, it’s how business participates in challenging markets that is the ultimate test. Does the company have a clear understanding of how its products, services, and market presence will impact human rights? Has the company identified its most significant human rights risks, and does it understand how to mitigate them? Is it working with sympathetic government partners to advance human rights?

Let’s also remember the opinions of the people these decisions are designed to support: the local population. Many companies leave certain countries because democratically legitimized local movements called for mass divestments, which is not the case in China today.


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Corporate Governance as Warren Buffet Sees It

From the February 27, 2010 Letter to Shareholders of Berkshire Hathaway by Chairman and CEO Warren Buffet:
 
In my view a board of directors of a huge financial institution is derelict if it does not insist that its CEO bear full responsibility for risk control. If he’s incapable of handling that job, he should look for other employment. And if he fails at it – with the government thereupon required to step in with funds or guarantees – the financial consequences for him and his board should be severe.

It has not been shareholders who have botched the operations of some of our country’s largest financial institutions. Yet they have borne the burden, with 90% or more of the value of their holdings wiped out in most cases of failure. Collectively, they have lost more than $500 billion in just the four largest financial fiascos of the last two years. To say these owners have been “bailed-out” is to make a mockery of the term.

The CEOs and directors of the failed companies, however, have largely gone unscathed. Their fortunes may have been diminished by the disasters they oversaw, but they still live in grand style. It is the behavior of these CEOs and directors that needs to be changed: If their institutions and the country are harmed by their recklessness, they should pay a heavy price – one not reimbursable by the companies they’ve damaged nor by insurance. CEOs and, in many cases, directors have long benefitted from oversized financial carrots; some meaningful sticks now need to be part of their employment picture as well.

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The recall
TOYOTA Mr. Toyoda explains to US Congress, February 24, 2010...

I am Akio Toyoda of Toyota Motor Corporation. I would first like to state that I love cars as much as anyone, and I love Toyota as much as anyone. I take the utmost pleasure in offering vehicles that our customers love, and I know that Toyota’s 200,000 team members, dealers, and suppliers across America feel the same way. However, in the past few months, our customers have started to feel uncertain about the safety of Toyota’s vehicles, and I take full responsibility for that.

...My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers. See full company statement.

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Corruption in municipal governments is extensive and in a new study scholars in Chicago take an in-depth look at their city and its suburban history of graft - a record of 170 convictions - COOK COUNTY’S "HALL OF SHAME" A CATALOG OF CORRUPTION


By: Thomas J. Gradel, Dick Simpson and Tom Kelly, with Andris Zimelis, Kenneth Chow, Alexandra Kathryn Curatolo, Emily Gillot, David Michelberger, Marrell Stewart of the University of Illinois at Chicago, Department of Political Science and the Better Government Association

From the Introduction...Cook County government has been a dark pool of political corruption for more than 140 years. The first public corruption scandal occurred in 1869 when a number of Cook County Commissioners accepted bribes to approve a fraudulent contract to paint city hall. During the last several decades, Cook County has been a center of corruption with scandals emerging in many different units of county government. By chronicling the cases we hope to call attention to the need for meaningful reform.

When county government such as Cook County Clerk David Orr’s office or Assessor James Houlihan’s office do undertake meaningful reform, others sink back into the mire. Public or political corruption occurs when government officials use their public office for private gain or benefit. In Cook County government this includes outright bribes as well as campaign contributions made by individuals or corporations in exchange for jobs, inflated contracts or political favors. It includes ghost payroll jobs in which individuals get a paycheck but do no work.

With an annual budget of more than $3billion — dishonest public servants find many different ways to profit illegally.The purpose of this report is to summarize the many different forms of corruption and to recommend basic reforms that need to be enacted to clean up Cook County government.

This report provides a roster of nearly 150 convicted Cook County politicians and government officials along with descriptions of each of their illegal schemes. It includes private citizens and businessmen who were also convicted in connection with public corruption scandals. There are eight individuals named who are under investigation or have been indicted but not yet convicted. Criminal convictions are just the tip of the iceberg in Cook County. For each corrupt official who is convicted—there may be dozens more who are involved in the same or similar schemes but escape prosecution. The pattern of political corruption in county government is widespread and not confined to a single unit of government. An especially egregious example was Judge Thomas J. Maloney. He was convicted in Operation Greylord of accepting thousands of dollars in bribes to fix felony cases including murder trials. Another outrageous example was Marie D’Amico convicted in Operation Haunted Hall of having three no-work jobs. D’Amico is the daughter of Alderman Tony Laurino and wife of then Deputy Commissioner of Chicago’s Department of Streets and Sanitation John D’Amico, who did 2 years in federal prison for his involvement in the ghost payroll scheme.

Finally, in addition to systemic corruption, county government is infested with conflicts of interest that often result in contracts being awarded to the friends, family and political cronies of public officials. See the full report

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Feb 16, 2010 – Kenyan Prime Minister Raila Odinga has accused President Mwai Kibaki of overstepping his powers, in an increasingly bitter row over corruption allegations.
The BBC reported that Mr Odinga suspended the ministers of education and agriculture on allegations of embezzlement only for President Mwai Kibaki to reverse his decision. The US ambassador, Michael Ranneberger, has called on both leaders to work together to tackle corruption. "My government feels very strongly that this is a time for dialogue in the interest of the nation, not a time for finger-pointing or mutual recrimination," he said. Mr. Odinga has called on former UN Secretary-General Annan to mediate, while his cabinet allies have threatened to boycott cabinet meetings, according to the BBC. A recent audit into a maize scandal revealed that $26m (£16.5m) had been diverted while more than $1m was stolen in an education scam.

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February 5, 2010
-- Fines of $450 million for BAE Systems - Europe's biggest military contractor, will pay around $450 million in fines in the United States and Britain and admit to wrongdoing in Saudi Arabia, the Czech Republic, Hungary and Tanzania. Announcements by the UK's Serious Fraud office and the US Department of Justice underscored patterns of false statements to officials, secret offshore bank accounts and unrecorded payments to various agents by BAE Systems. Chandrashekhar Krishnan, Executive Director of Transparency International UK said the conclusion of the BAE cases, "Highlight the need for a new Bribery Act in the UK. For a Bribery Act to be successful, sufficient resources for effective enforcement will be crucial in order to deliver faster prosecutions and encourage companies guilty of corrupt practices to admit their guilt and not spend years blocking investigations.”_________________

UPDATE: BAE Court Appeal Rejected (see main stories below)

The two groups are taking legal advice on whether or not to appeal the decision.Application for judicial review of Serious Fraud Office's BAE settlement turned down The Corner House and the Campaign Against Arms Trade (CAAT) have their BAE appeal refused (initial stories below) and stated, "The Honourable Mr Justice Collins today announced his decision to refuse to grant permission to Campaign Against Arms Trade (CAAT) and The Corner House to bring a full judicial review hearing against the decision by the UK Serious Fraud Office (SFO) to make a controversial plea bargain settlement with BAE Systems. (24 March 2010)

UK Serious Fraud Office (SFO) Challenged Over BAE System’s Settlement. London, UK, February 12, 2010. Challenge brought by The Corner House and the Campaign Against Arms Trade (CAAT). The challenge highlights the very different approaches to foreign corrupt payments’ cases in the UK and the US.

Lawyers acting for the two organizations have sent a detailed letter laying out their intention to request a judicial review of the 5 February 2010 decision by the SFO to enter a plea agreement, which involved a fine of £30 million arising from one aspect of a case involving Tanzania – directly after the UK announcement, the U.S. Department of Justice announced an agreement with BAE involving a fine of $400 million with regard to alleged bribery payments by the firm on contracts for Saudi Arabia, Tanzania, Czech Republic and Hungary.

The UK organizations asserted that the SFO agreement agreement fails to reflect the seriousness and extent of BAE's alleged offenses. Nicholas Hildyard, for The Corner House, said: "Plea bargains should only ever be entertained when companies have really come clean. BAE has not. Once again, an SFO decision has reinforced the UK's reputation for letting big companies get away with bribing. Once again, it has shown a blatant disregard for the rule of law." Kaye Stearman, CAAT's spokesperson, added: "The SFO plea bargain is unlawful. Investigations into alleged corruption in at least three countries have simply been dropped. It is in the public interest that BAE should not be let off the hook."

The groups' lawyers also requested that the Serious Fraud Office delay applying for court approval of its settlement with BAE Systems. If it does not do so, the two groups will seek an injunction against the court application. Background: In December 2006 the SFO dropped its bribery and corruption investigations into BAE's arms sales to Saudi Arabia, following pressure from BAE and Saudi Arabia and a direct intervention from then Prime Minister Tony Blair. The decision was subject to severe criticism and prompted CAAT and The Corner House to launch a judicial review of the decision.

In April 2008, the High Court ruled that the SFO Director had acted unlawfully by stopping the investigation; a decision subsequently overturned by the House of Lords in July 2008, which ruled that he acted lawfully when faced with a threat to national security. On 1 October 2009 the SFO began drawing up legal papers to recommend prosecution of BAE, following its six-year investigation into alleged bribery in BAE arms deals with several other countries (Chile, Czech Republic, Qatar, Romania, South Africa and Tanzania). BAE is alleged to have paid bribes, often in the form of commissions to "advisers" to clinch the deals. Under the SFO settlement announced on 5 February 2010, BAE would plead guilty to minor charges of "accounting irregularities" in its 1999 sale of a radar system to Tanzania for which the SFO proposed it should pay penalties of £30 million. The SFO would not bring charges relating to alleged bribery and corruption in BAE's arms deals elsewhere. Additional information at CAAT.
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February 4, 2010 ---First Major Banking Crisis Charges
New York Attorney General Acts Against Bank of America and Its Former Top Two Officers

    Just as Bank of America settled a case against it from the U.S. Securities and Exchange Commission with a fine of $150 million related to the adequacy of information it provided to shareholders on acquiring Merrill Lynch, the New York Attorney General, Andrew Cuomo, has brought a major civil action. He has charged the bank, together with its former Chairman and Chief Executive Officer Kenneth Lewis and its former Chief Financial Officer Joe Price. This is the first case brought against one of the most powerful global bankers who played critical roles in the last few months of 2008 as the world's financial system appeared on the brink of collapse.

    In mid-September 2008, as Lehman Brothers was about to fail, Mr. Lewis agreed that Bank of America should acquire the giant brokerage firm of Merrill Lynch. The deal was finalized at the start of 2009, by which time it was evident that Merrill's losses were far greater than had previously been publicly known, that it was unclear how much information the bank had given the US Government in obtaining a $20 billion "bail-out" to push through its acquisition, and whether shareholders were dealt with honestly. These are the issues, strongly contested by Lewis and Price and the Bank, that Cuomo will now take to court. See The New York Times as well as its “DealBook” report for details and links.

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January 28, 2010 from TI Chair Huguette Labelle
An Open Letter from Transparency International to the Participants of the London Conference on Afghanistan


Dear Honourable Leaders,
Widespread corruption in Afghanistan continues to seriously undermine state-building and threatens to destroy the trust of the Afghan people in their government and their institutions while fuelling insecurity. As the international community emphasises the need to counter corruption, the Afghan people agree: their worry about the devastating effects of corruption rivals concerns about security and employment. Corruption impacts their daily lives, especially the poorest.

It is therefore urgent for all those working on bringing stability to Afghanistan to establish an anti-corruption strategy and a solid plan of action for its implementation, in cooperation with the Afghan leadership and citizens, which embeds transparency and accountability into all facets of public life.

Credibly and effectively addressing corruption is essential to re-build trust in the institutions of the state. It is positive that there are changes already underway, such as the recent appointment of Dr Ashraf Ghani, which promises to strengthen anti-corruption efforts within the Government of Afghanistan.

It is also encouraging that this conference is being held with a focus on improving governance in Afghanistan, arguably one the major challenges facing the country today. At the same time, the international community urgently needs to take a hard look at itself, the ways in which it contributes to the problem of corruption, and the real contributions it can make to future solutions to help strengthen all anti-corruption efforts and foster integrity, transparency and accountability in Afghan public institutions.

Increasing aid and military spending for development, reconstruction and peace will require an anti-corruption road-map agreed jointly with the Afghan people. This road-map must become a local priority with a strong focus on implementation. The success of any anti-corruption effort will depend on direct responsibility being assumed by the civilian, diplomatic and military communities. They must all become integral parts of solution efforts.

As such, future solutions will also depend on the effective integration of local and international efforts. For example, international reconstruction contracts should require transparency and local accountability, along with common frameworks to trace funding to Afghanistan from its origins to disbursement for local level projects to build new schools, roads and other vital services. The international community should also scale up its technical and financial support for anti-corruption work and training at all levels of the government, its ministries and the broader public sector.

There are many ways in which the international community can assist in creating a culture in the public sector that respects integrity, transparency and accountability. This includes scaling up training and support to full-time anti-corruption teams in each Ministry, increasing mentoring of senior officers and officials, provision of expertise in specific areas such as prosecution, and other vital areas.

Transparency International (TI), an anti-corruption movement with chapters in over 90 countries, calls on the political and military leaders at the London Conference, to work with champions of integrity both within and outside the Government of Afghanistan to create an Afghan-led diagnosis of corruption in the country. The international community can help to identify corruption challenges that require primarily an Afghan-led solution and those requiring joint efforts.

Afghanistan is perceived as one of the most corrupt countries in the world today, according to TI’s latest Corruption Perceptions Index. There is an urgent need for immediate action along with a sustained and comprehensive long-term plan and commitment; the scale of governance problems demands nothing less. Anything else may prove to be a cosmetic effort and ultimately will not benefit the Afghan people.
Supporting a credible, Afghan-run anti-corruption plan based on a collaborative Afghan-led diagnosis involves scaling up anti-corruption training and resources. It means developing transparent monitoring mechanisms for reconstruction projects, dealing effectively with corruption in public procurement, full transparency and accountability in revenues budgets and their disbursements both by the different levels of Afghan governments and by the international community providing assistance. It is also necessary to extend and support the good work done by local NGOs to stop aid mismanagement.

In addition, the police and judiciary must be fully functional and operate with integrity to regain the trust of the Afghan people.

This conference offers the chance to discuss and promote constructive and practical measures to push back the tide of corruption in Afghanistan. For real and lasting change we urge you to turn this opportunity into a long-term strategy backed up by commitment of the Afghan and international leadership.

Sincerely,Huguette Labelle, Chair, Transparency International
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January, 2010 ---The Late Carol Marshall, an Admired Leader in Business Ethics, Is Named Recipient of ERC's 2009 Pace Award...See ERC

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  • French President Nicholas Sarkozy Calls for Fundamental Reforms of Globalization and Capitalism - His Vision Looks to radically Change the Roles of Corporations and the State and Global Governance Arrangments
    Speech on January 27, 2010 in Davos...see full text at
    World Economic Forum

  • We are all responsible for the crisis. And we are all responsible for the world we are going to leave to our children. Not to draw the conclusion that we must, therefore, change our ways would be, quite simply, irresponsible.

    This crisis is not just a global crisis. It is not a crisis in globalization. This crisis is a crisis of globalization. It is our vision of the world which, at a given moment, revealed its failings. That is what we must correct.

    Globalization first took the form of globalization of savings. It gave rise to a world in which everything was given to financial capital and almost nothing to labor, in which the entrepreneur gave way to the speculator, in which those who lived on unearned income left the workers far behind, in which the use of leverage, to an unreasonably disproportionate extent, created a form of capitalism in which taking risks with other people’s money was the norm, allowing quick and easy profits but all too often without creating either prosperity or jobs.

    ...We will never put an end to hunger, poverty and misery in the world if we do not succeed in stabilizing the prices of raw materials, which at present are completely erratic. That is not an issue only for the experts. It concerns us all.

    ...We will not save the future of our planet if we do not pay the true price of scarcity. That is not an issue only for the experts. It concerns us all. We will not reconcile our citizens to globalization and to capitalism, if we are not capable of offsetting market forces with counterbalances and corrective measures. That, too, concerns us all. By discarding all our responsibilities in the marketplace, we have created an economy which has ended up running counter to the values on which it was nominally based, and to its own objectives.

    By over-mutualising ownership and risk, we have diluted responsibility. By placing free trade above all else we have weakened Democracy, because citizens expect from Democracy that it should protect them…

    We can only save capitalism by rebuilding it, by restoring its moral dimension. I know that this expression will call forth many questions. What do we need, in the end, if it is not rules, principles, a governance that reflects shared values, a common morality?....

    We cannot govern the world of the 21st century with the rules and principles of the 20th century. We cannot govern globalisation while relegating half of Humanity to the sidelines, without India, Africa or Latin America. We cannot look at the post-crisis world in the same way as the world before the crisis. Each of us must hold the conviction that the world of tomorrow cannot be the same as the world of yesterday. There are indecent behaviors that will no longer be tolerated by public opinion in any country in the world. There are excessive profits that will no longer be accepted because they are without common measure to the capacity to create wealth and jobs. There are remuneration packages that will no longer be tolerated because they bear no relationship to merit.

    That those who create jobs and wealth may earn a lot of money is not shocking. But that those who contribute to destroying jobs and wealth also earn a lot of money is morally indefensible.
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  • January 19, 2010 United Nations releases report on corruption in Afghanistan


    based on interviews with 7,600 people (a reliable sample) in 12 provincial capitals and more than 1,600 villages around Afghanistan. Overview by Antonio Maria Costa Executive Director United Nations Office on Drugs and Crime (UNODC).

    Poverty and violence are usually portrayed as the biggest challenges confronting Afghanistan. But ask the Afghans them-selves, and you get a different answer: corruption is their biggest worry. As revealed in this new UNODC report, for an over- whelming 59% of the population the daily experience of public dishonesty is a bigger concern than insecurity (54%) and unemployment (52%).

  • According to this report, it is almost impossible to obtain a public service in Afghanistan without greasing a palm: bribing authorities is part of everyday life. During the past 12 months, one Afghan out of two, in both rural and urban communities, had to pay at least one kickback to a public offcial. This was not just done through a wink and a nudge: more than half of the time (56%), the request for illicit payment was explicit by the service providers. In most instances (3/4 of the cases), baksheesh (bribes) are paid in cash. The average amount was $160 – in a country where GDP per capita is a mere $425 per year. This is a crippling tax on people who are already among the world’s poorest. cumstances the social contract is torn apart: loyalty is lost and discontent can erupt into violence.

  • The problem is enormous by any standards. In the aggregate, Afghans paid out $2.5 billion in bribes over the past 12 months – that’s equivalent to almost one quarter (23%) of Afghanistan’s GDP. By coincidence, this is similar to the revenue accrued by the opium trade in 2009 (which we have estimated separately at $2.8 billion). In other words, and this is shocking, drugs and bribes are the two largest income gen- erators in Afghanistan: together they amount to about half the country’s (licit) GDP.

  • Members of the government (much more than those sitting in Parliament) are perceived as villains. Corruption in their ranks was rampant last year: Afghans were asked to pay a bribe 40 percent of the times that they had contacts with senior politicians. A political system operating under such corrupt conditions cannot survive.

  • This survey did not address the question of possible foreign involvement in fomenting corruption in Afghanistan. Yet it makes a stunning observation: over half of the Afghans (54%) believe that international organizations and NGOs, the transmission belts of foreign assistance, “are corrupt and are in the country just to get rich”. (Read the full report at UNODC)

January 13, 2010 --

FREEDOM OF SPEECH - PROTECTING HUMAN RIGHTS ACTIVISTS IN CHINA

full GOOGLE statement

A new approach to China

1/12/2010
Like many other well-known organizations, we face cyber attacks of varying degrees on a regular basis. In mid-December, we detected a highly sophisticated and targeted attack on our corporate infrastructure originating from China that resulted in the theft of intellectual property from Google. However, it soon became clear that what at first appeared to be solely a security incident--albeit a significant one--was something quite different.

First, this attack was not just on Google. As part of our investigation we have discovered that at least twenty other large companies from a wide range of businesses--including the Internet, finance, technology, media and chemical sectors--have been similarly targeted. We are currently in the process of notifying those companies, and we are also working with the relevant U.S. authorities.

Second, we have evidence to suggest that a primary goal of the attackers was accessing the Gmail accounts of Chinese human rights activists. Based on our investigation to date we believe their attack did not achieve that objective. Only two Gmail accounts appear to have been accessed, and that activity was limited to account information (such as the date the account was created) and subject line, rather than the content of emails themselves.

Third, as part of this investigation but independent of the attack on Google, we have discovered that the accounts of dozens of U.S.-, China- and Europe-based Gmail users who are advocates of human rights in China appear to have been routinely accessed by third parties. These accounts have not been accessed through any security breach at Google, but most likely via phishing scams or malware placed on the users' computers.

We have already used information gained from this attack to make infrastructure and architectural improvements that enhance security for Google and for our users. In terms of individual users, we would advise people to deploy reputable anti-virus and anti-spyware programs on their computers, to install patches for their operating systems and to update their web browsers. Always be cautious when clicking on links appearing in instant messages and emails, or when asked to share personal information like passwords online. You can read more here about our cyber-security recommendations. People wanting to learn more about these kinds of attacks can read this Report to Congress (PDF) by the U.S.-China Economic and Security Review Commission (see p. 163-), as well as a related analysis (PDF) prepared for the Commission, Nart Villeneuve's blog and this presentation on the GhostNet spying incident.

We have taken the unusual step of sharing information about these attacks with a broad audience not just because of the security and human rights implications of what we have unearthed, but also because this information goes to the heart of a much bigger global debate about freedom of speech. In the last two decades, China's economic reform programs and its citizens' entrepreneurial flair have lifted hundreds of millions of Chinese people out of poverty. Indeed, this great nation is at the heart of much economic progress and development in the world today.

We launched Google.cn in January 2006 in the belief that the benefits of increased access to information for people in China and a more open Internet outweighed our discomfort in agreeing to censor some results. At the time we made clear that "we will carefully monitor conditions in China, including new laws and other restrictions on our services. If we determine that we are unable to achieve the objectives outlined we will not hesitate to reconsider our approach to China."

These attacks and the surveillance they have uncovered--combined with the attempts over the past year to further limit free speech on the web--have led us to conclude that we should review the feasibility of our business operations in China. We have decided we are no longer willing to continue censoring our results on Google.cn, and so over the next few weeks we will be discussing with the Chinese government the basis on which we could operate an unfiltered search engine within the law, if at all. We recognize that this may well mean having to shut down Google.cn, and potentially our offices in China.

The decision to review our business operations in China has been incredibly hard, and we know that it will have potentially far-reaching consequences. We want to make clear that this move was driven by our executives in the United States, without the knowledge or involvement of our employees in China who have worked incredibly hard to make Google.cn the success it is today. We are committed to working responsibly to resolve the very difficult issues raised.
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January 10, 2010 -- Extractive Industries Transparency Initiative - EITI is a coalition of governments, companies, civil society groups, investors and international organisations.

EITI - Agreement in Iraq as Prime Minister Al-Maliki Plans to Implement Oil Agreement...EITI stated:

  • Noori Al-Maliki, Prime Minister of Iraq announced Iraq’s plans to implement the EITI at the Iraqi EITI launch conference in Baghdad. Iraq plans to become an EITI “Candidate” country in February. For too long Iraq’s natural resource wealth has brought the country conflict and corruption, rather than development and prosperity.

    The EITI is an instrument to build trust and create a safe forum for wider discussion about the management of the oil revenues. The Government of Iraq formally committed to implement the EITI in May 2008. With 11% of the world’s proven oil reserves, Iraq will become the country with the largest oil reserves to implement the EITI standard.

    The EITI is an instrument to build trust and create a safe forum for wider discussion about the management of the oil revenues. The Government of Iraq formally committed to implement the EITI in May 2008. With 11% of the world’s proven oil reserves, Iraq will become the country with the largest oil reserves to implement the EITI standard. The oil industry is at a critical stage in Iraq following a series of contract awards.

    Peter Eigen, Chair of the EITI, sent a greeting which included the following: “With well managed oil resources, the future of the Iraqi people could be very bright. For those of us who have spent our career tackling the root causes of corruption and conflict, and for the whole international community which follows Iraq closely, the Government’s plan to implement the EITI is a massive signal of Iraq’s determination to build a brighter future.”

    The launch conference, the Head of the EITI International Secretariat, Jonas Moberg, said: “We believe that the implementation of the EITI will be important in driving the recovery of the nation and ensuring that its abundant oil and gas wealth is managed for the benefit of its citizens and sustained peace. It demonstrates the Government’s commitment to good governance and is part of wider efforts to rebuild the nation. The adaptation of the global EITI standard in Iraq shows the Government’s ownership and dedication to develop its own transparency and governance framework.”

  • EITI noted that 3.5 billion people live in countries rich in oil, gas and minerals. With good governance the exploitation of these resources can generate large revenues to foster growth and reduce poverty. However when governance is weak, it may result in poverty, corruption, and conflict. EITI aims to strengthen governance by improving transparency and accountability in the extractives sector. More information from EITI.
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  • January 7, 2010: New Haven Declaration On Human Rights and Financial Integrity

    Amnesty International, Human Rights Watch, Global Financial Integrity, Oxfam and others sign precedent-setting declaration as Anti-Money Laundering and Human Rights organizations join together in what they have named the New Haven Declaration (following a meeting at Yale University in New Haven):


  • Human rights and international financial integrity are intimately linked. Where poverty is pervasive, civil, political, and economic rights often go unrealized. Today, large outflows of illicit money - many times larger than all development assistance - greatly aggravate poverty and oppression in many developing countries.

  • Illicit money leaves poorer countries through a global shadow financial system comprising tax havens, secrecy jurisdictions, disguised corporations, anonymous trust accounts, fake foundations, trade mispricing, and money-laundering techniques. Much of this money is permanently shifted into western economies.

  • Reducing these illicit outflows requires greater transparency and integrity in the global financial system. Achieving this is a prerequisite to creating an economic framework that is open, accountable, fair, and beneficial for all.

  • We call upon the United Nations, the G8, G20, WTO, IMF, World Bank, and other international fora, as well as on national governments, world leaders, faith groups and civil society organizations to recognize the linkage between human rights and financial transparency. We further call for decisive steps to ensure that developing countries can retain their resources for sustainable growth and poverty alleviation, which they must achieve if the human rights of all people are to be realized.

  • The undersigned individuals and organizations shall be working together in the coming months to pursue this agenda and look to add additional voices to this effort.

  • The undersigned individuals and organizations shall be working together in the coming months to pursue this agenda and look to add additional voices to this effort.

    Amnesty International, Human Rights Watch, Oxfam, Global Financial Integrity, Center for Applied Philosophy and Public Ethics, Open Society Institute Justice Initiative, Asia Initiatives, Task Force on Financial Integrity and Economic Development, Tax Justice Network, Christian Aid, National Council of Churches, Harrington Investments, Inc., Asociación Civil por la Igualdad y la Justicia, Thomas Pogge, Yale University, Robert Hockett, Cornell University, Frank Pasquale, Seton Hall.
    for statements and more background please visit Global Financial Integrity
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  • January 7: BLOOD DIAMONDS -- Global Witness today welcomed a decision by the Zimbabwean authorities to cancel a planned auction of diamonds from the Marange fields but warned that the country must take concrete steps to demonstrate their commitment to cleaning up the diamond sector or risk suspension from the Kimberley Process certification scheme. (read the full report)
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  • December 16, 2009
    Robert Morgenthau retires with a final important case and message


    Manhattan District Attorney Robert M. Morgenthau, who has held this public office for 35 years and is about to retire at the age of 90, has filed a final important case. Credit Suisse has agreeed to pay a fine of $536 million. The bank was charged with assisting Iranian, Libyan and Sudanese clients to violate US sanctions and, by means of false documentation, place funds in the Amderican financial markets.

    Morgenthau has not only been the model fearless and ethical public prosecutor, going after the Mafia, corrupt industrial titans and crooked politicians, but he has tirelessly gone after money-launderers, dating back to the mid-1980s when he led investigations against the Bank for Credit and Commerce International (BCCI).

    Transparency Progress

    In commenting on the Credit Suisse case he noted that it was unprecedented for a Swiss Bank and the Swiss government to provide the kind of access to data and records that they did once faced with the US allegations. Mr. Morgenthau said: “The standards of transparency have come a long way since I first began investigating financial crime in the 1960s.  From secret Swiss and Liechtenstein accounts then, to the conduct of BCCI in the 1990s, to this year's actions involving Iranian banks, the standards of transparency have risen, and we expect more from international financial institutions today than ever before.   Credit Suisse's transgressions in this regard were severe - they intentionally hid the involvement of Iranian banks for almost two billion dollars in U.S. dollar transactions.  But, to their credit, from the time we contacted them they gave us excellent cooperation and a high degree of transparency, as well as detailed analysis from their internal investigation.   The message to other banks involved in similar practices should be clear: if you are engaged in sanction-busting misconduct, you should self-report, clean up your shop, and give us a full accounting.  That is what we should expect and demand from major international banks.”
    (click here for the full statement)

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  • On the Record - Obama, Immelt.

    On acceptring the Nobel Peace Prize on December 10, President Obama said - “A just peace includes not only civil and political rights -- it must encompass economic security and opportunity.  For true peace is not just freedom from fear, but freedom from want. It is undoubtedly true that development rarely takes root without security; it is also true that security does not exist where human beings do not have access to enough food, or clean water, or the medicine and shelter they need to survive.  It does not exist where children can't aspire to a decent education or a job that supports a family.  The absence of hope can rot a society from within.”

  • Jeff Immelt, Chairman and CEO, GE made the following comment in a speech at the United States Military Academy, West Point, on December 9 -  "Leaders must like and respect people. I think we are at the end of a difficult generation of business leadership, and maybe leadership in general. Tough-mindedness, a good trait – was replaced by meanness and greed – both terrible traits. Rewards became perverted. The richest people made the most mistakes with the least accountability. In too many situations, leaders divided us instead of bringing us together. As a result, the bottom 25% of the American population is poorer than they were 25 years ago. That is just wrong. I was recently at an event with some unemployed steel workers. Their stories are truly sad. They just want to work. They want to be led. What is my responsibility? What will your responsibility be someday? Technically, nothing. Financially, nothing. We do not have to care. But we should. It begins by people telling the truth. We do have to compete to be great; we must improve training and education; we cannot protect everyone in a global economy. In my career, I have had to deliver difficult news that I believed was in the best interest of the enterprise. At the same time, ethically, leaders do share a common responsibility to narrow the gap between the weak and the strong. I have taken on the challenge to increase manufacturing jobs in the United States. These are the jobs that have created the midwestern middle class for generations. Manufacturing jobs paid for college educations, including mine. They have been cut in half over the past two decades.

    Many say this is a fool’s mission. I don’t have all the answers. What I can bring … what GE can bring … are investments, training and operating approaches to help everyone win. The residue of the past was a more individualistic “win-lose” game. The 21st century is about building bigger and diverse teams; teams that accomplish tough missions with a culture of respect. We are committed to renewing American leadership. We are developing better listeners; systems thinkers. We are creating structures that build speed around competency."

  • governance news/top pay
    July-August - from the European Commission in Brussels, to various legislative bodies across Europe, to the desk of the powerful U.S. finance committee chief in the House of Representatvies, Barney Frank, a host of proposals are about to be made to impose limits on what bankers get paid. The U.S. House of representatibves has now passed new rukles on pay at banks and Congressman Frank declared "“There is a risk to the system when the incentive structure is huge,” as his committee approved legislation that Bloomberg reported "would let regulators ban incentive pay at banks and give shareholders a vote on bonuses in response to public outrage over Wall Street pay." The influential New York Times calls for action and warns in an editorial of big bonus payments.

    The Associated Press reported that the UK's Fimnancial Services Authority laid out has laid out plans to curb risky pay practices in banks but dropped some of the tougher measures that had been proposed. It said banks should spread two-thirds of the bonuses of senior employees over three years. But its code of practice, to be introduced next year, excludes specific measures on deferred bonuses as well as the linking of payouts to the performance of banking groups as whole.

    Sir David Walker has just finalized a report called for by the UK Government where he stresses that controls on pay need to be viewed in terms of broad reforms of corporate governance. His report is remarkable. The guiding theme is important and simple: “In an open market economy in which, in normal times, most companies are either listed or in private hands, the achievement of good corporate governance reflects successful balancing among an array of influences which is probably at its widest in case of banks. A critical balance has to be established between, on the one hand, policies and constraints necessarily required by the regulator and, on the other, the ability of the board of an entity to take decisions on business strategythat board members considerto be in the best interests of their shareholders.” (...see Executive Compensation). Sir David Walker has said that among the 39 major proposlas in his report are : ' Recommendations on remuneration that are as tough or tougher than anything to be found elsewhere in the world.

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