Bribery: Am I a Criminal? Implications of the US Foreign Corrupt Practices Act and the UK Bribery Act in the Outsourced FM Environment

This paper discusses the de facto international anti-bribery/anti-corruption (ABAC) standard and how facility managers can unwittingly fall afoul of it. Its conclusions will help FM practitioners in the outsourced multinational environment set up robust ethics trainings and control mechanisms for their teams in emerging markets. While bribery is found in all countries, it is especially problematic in emerging markets, which are increasingly included in FM outsourcing contracts. Three real-world situations are analyzed where misunderstandings of policy intent or implementation, lack of diligence in following standards, or other overriding considerations led to ABAC infractions. The analysis shows that the international FM outsourcing environment is susceptible to ethical difficulties caused by cutting corners during the account transition process. This is due to financial pressures during transition and a tendency to assume that the client knows best. This conclusion is not likely to be intuitive to practicing FM account managers. The paper will not touch on country standards of ethics or ABAC laws in the developing world. Such laws and standards are not always sufficiently enforced, which contributes to the persistence of bribery and corruption. This weakness in local enforcement is one factor that has led to the development of the international standard, which is framed by US and UK law.