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Beneficial Ownership Verification: Ensuring the Truthfulness and Accuracy of Registered Ownership Information 实益拥有人验证:确保登记拥有人信息的真实性和准确性
Pub Date : 2019-01-22 DOI: 10.2139/ssrn.3320600
Andres Knobel
In a world where billion-dollar corruption and money laundering schemes can travel through developed countries’ financial institutions undetected, the only chance for any country’s authorities to successfully address financial crime is to apply cutting edge technology for crime detection. At the core of the fight against illicit financial flows is authorities’ ability to verify the identity of the beneficial owners who control the world’s companies and trusts. Applying advanced analytics and inter-connecting ownership registries is the only way to make sure legitimate businesses flourish, while preventing the abuse of legal vehicles that rob countries off their resources and erode trust in democracy and state institutions. This will also be good for real businesses. By helping businesses easily and effectively check their supply chains and the companies they work with business can better prevent sanctioning risks to their reputation for having engaged with the wrong people.

Section 1 of this report briefly reviews the concept and importance of beneficial ownership. It describes countries’ contradictory or insufficient measures in relation to beneficial ownership transparency needed to address illicit financial flows related to corruption, money laundering or the financing of terrorism. Section 2 refers to all the relevant data on beneficial ownership that should be collected in the first place to allow for verification. It summarizes the definitions of beneficial ownership depending on the various types of legal vehicles and their combination. It lists all details that should be collected and it adds new innovative proposals for ensuring registered beneficial ownership is accurate and easier to verify. Section 3 and 4 are the core of this paper and describe the IT system that governments should establish to automatically cross-check and verify beneficial ownership information, both in terms of validity (section 3) as well as advanced analytics for redflagging purposes (section 4). Section 5 discusses issues relating to costs and sanctions for noncompliance.
在一个数十亿美元的腐败和洗钱计划可以通过发达国家的金融机构而不被发现的世界里,任何国家当局成功解决金融犯罪的唯一机会是应用尖端技术来侦查犯罪。打击非法资金流动的核心是当局核实控制全球公司和信托公司的受益所有人身份的能力。应用先进的分析和相互关联的所有权登记是确保合法企业蓬勃发展的唯一途径,同时防止滥用法律工具,剥夺国家的资源,侵蚀对民主和国家机构的信任。这对实体企业也有好处。通过帮助企业轻松有效地检查其供应链和与之合作的公司,可以更好地防止因与错误的人打交道而对其声誉造成制裁风险。本报告第1节简要回顾了受益所有权的概念和重要性。报告描述了各国在处理与腐败、洗钱或资助恐怖主义有关的非法资金流动所需的受益所有权透明度方面相互矛盾或不充分的措施。第2节是指首先应该收集的所有有关受益所有权的数据,以便进行核实。根据不同类型的法律载体及其组合,总结了实益所有权的定义。它列出了应该收集的所有细节,并增加了新的创新建议,以确保登记的受益所有人准确且更容易核实。第3节和第4节是本文的核心,描述了政府应该建立的IT系统,以便在有效性(第3节)和重新标记目的的高级分析(第4节)方面自动交叉检查和验证受益所有权信息。第5节讨论了与成本和违规制裁相关的问题。
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引用次数: 3
The New Face of People Power: An Exploratory Study on the Potential of Social Media for Combating Corruption in Indonesia 人民力量的新面貌:印尼社会媒体打击腐败潜力的探索性研究
Pub Date : 2018-10-31 DOI: 10.14453/AABFJ.V12I3.3
H. Prabowo, R. Hamdani, Zuraidah Mohd Sanusi
This paper is based on the authors’ study to assess the current state of anti-corruption movement in Indonesia. The main purpose of this study is to explore the potential of social media to be used as an effective tool in combating corruption in public sector. To achieve its objectives this study applies multiple behavioral perspectives in assessing the corruption problem in the Indonesian public sector. This study is of qualitative exploratory nature in which the authors utilized a mixed methods approach comprising of a systematic literature review, archival and data analysis, and case studies on corruption in the Indonesian public sector to assess the potential of social media to be used as an anti-corruption measure. This study also uses the Social Network Analysis (SNA) to illustrate the potential of social media as a means for citizens to participate in an anti-corruption movement in Indonesia. Overall, this study demonstrates that the growth and development of Information and Communication Technologies (ICTs) in Indonesia has had a profound effect on how people interact with each other by, among other things, using social media platforms. Such interaction includes discussions and dissemination of news and information related to corruption. As the conventional punishment oriented approaches have not had a lot of success in mitigating the corruption problem in Indonesia, engaging citizens to actively participate in the anti-corruption movement may increase the chance of success in eradicating corruption in the future.
这篇论文是基于作者的研究来评估印尼反腐运动的现状。本研究的主要目的是探讨社交媒体作为公共部门反腐败有效工具的潜力。为了实现其目标,本研究应用多种行为视角来评估印尼公共部门的腐败问题。本研究具有定性探索性,作者采用了一种混合方法,包括系统的文献综述、档案和数据分析以及印度尼西亚公共部门腐败的案例研究,以评估社交媒体作为反腐败措施的潜力。本研究亦使用社会网络分析(SNA)来说明社会媒体作为公民参与印尼反腐运动的一种手段的潜力。整体而言,这项研究显示,印尼资讯与通讯科技(ict)的成长与发展,对人们如何透过社交媒体平台与他人互动产生深远影响。这种互动包括讨论和传播与腐败有关的新闻和信息。由于传统的以惩罚为导向的方法在减轻印度尼西亚的腐败问题方面没有取得很大的成功,因此让公民积极参与反腐败运动可能会增加未来成功根除腐败的机会。
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引用次数: 16
Tolerable Level of Corruption for Foreign Direct Investment in Europe and Asia 欧洲和亚洲外国直接投资的可容忍腐败程度
Pub Date : 2018-09-30 DOI: 10.5709/CE.1897-9254.277
A. Abotsi
In 2009, Foreign Direct Investment (FDI) flows to developed countries experienced the largest decline among all regions and sub-regions. However, South, East and Southeast Asia showed the smallest decline among developing economies and remained the largest recipient of FDI inflows. Meanwhile, approximately 68% of the countries in Asia scored less than the tolerable level of corruption for investment (TLCI) in Africa (-0.27) over recent years. Moreover, corruption has been observed to be significant in virtually all Asian countries, but, despite this, the region remains the number one global investment destination. This study, therefore, estimates the TLCI in Asia and Europe to enable comparison across these regions. Secondary data from the World Development Indicators were used in this study. The frequency of the data is annual, and it is available from 1996 to 2013. The dynamic panel data estimation technique was deployed while controlling for other variables. The estimated TLCIs for Europe and Asia are 0.534 and -0.735, respectively, on the control of corruption scale, which ranges from approximately -2.5 (weak) to 2.5 (strong). Despite the lower TLCI in Asia, the region is still able to attract relatively more FDI inflow than Africa. This scenario may be attributed to the presence of sound policy factors that drive FDI inflows. Another reason may be due to the nature, scope, social role and the perception of corruption across these regions.
2009年,流入发达国家的外国直接投资(FDI)在所有区域和分区域中降幅最大。但是,南亚、东亚和东南亚在发展中经济体中下降幅度最小,仍然是外国直接投资流入的最大接受国。与此同时,近年来,约68%的亚洲国家得分低于非洲投资腐败容忍水平(-0.27)。此外,腐败现象在几乎所有亚洲国家都很严重,但尽管如此,该地区仍然是全球最大的投资目的地。因此,本研究估计了亚洲和欧洲的TLCI,以便在这些地区之间进行比较。本研究使用了《世界发展指标》中的二手数据。数据的频率是每年一次,从1996年到2013年。在控制其他变量的同时,采用动态面板数据估计技术。在腐败控制方面,欧洲和亚洲的tlci估计分别为0.534和-0.735,范围从大约-2.5(弱)到2.5(强)。尽管亚洲的TLCI较低,但该区域仍然能够吸引比非洲更多的外国直接投资流入。这种情况可能归因于推动外国直接投资流入的健全政策因素的存在。另一个原因可能是由于这些地区的性质、范围、社会角色和对腐败的看法。
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引用次数: 7
Coffee, Donuts, and Contracts: The Community Interplay of Business and Government Agencies and the Execution of Public Policy 咖啡、甜甜圈和合同:商业和政府机构的社区相互作用以及公共政策的执行
Pub Date : 2018-08-03 DOI: 10.2139/ssrn.3225906
Shon R. Hiatt, Jin Hyung Kim
Although management studies suggest that firms seek to enhance their outcomes by influencing government officials, evidence on the efficacy of their efforts is mixed. We propose that these inconsistent findings could result in part from research that has overlooked the role of the administrative state and how local community relations between firms and government agencies influence the implementation of government policy. Using government contract data from the United States Department of Defense, we examine how community embeddedness between firms and government agencies influences the outcomes of firms by increasing information exchange and enhancing rapport between firms’ employees and agency officials. The findings show that when firms and the contracting office are located in the same community (co-located), the relative size of awarded contracts increases; the results also reveal that this effect varies depending on the geographic distance between the firm and government agency, the similarity of community logics, and agency discretion.
尽管管理研究表明,企业试图通过影响政府官员来提高其成果,但有关其努力效果的证据好坏参半。我们认为,这些不一致的发现可能部分是由于研究忽视了行政国家的作用,以及企业和政府机构之间的地方社区关系如何影响政府政策的实施。利用美国国防部的政府合同数据,我们研究了企业和政府机构之间的社区嵌入性如何通过增加信息交换和加强企业员工与机构官员之间的关系来影响企业的成果。研究结果表明,当企业和合同办公室位于同一社区时,授予合同的相对规模增加;结果还表明,这种效应取决于企业与政府机构之间的地理距离、社区逻辑的相似性和机构自由裁量权。
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引用次数: 2
State Level Corruption: An Empirical Study of the Effects of State Level Corruption on Firm Performance in the United States 州级腐败:美国州级腐败对企业绩效影响的实证研究
Pub Date : 2018-08-01 DOI: 10.2139/ssrn.3212154
Neal Willcott
Over the past 30 years considerable work scrutiny has been undertaken in the area of corruption and its effect on many facets of society. In business, efforts to measure corruption have been frequently debated and models have been proposed to reflect different firm characteristics in the presence of corruption. Based on these measures, research usually considers single variable measures over time, generally cross-nationally. This study constructs a new model incorporating multiple different variables working in concert over the period from 2000-2015, to postulate a variety of different relationships and firm characteristics at the state level in the United States. In doing so, the model is constructed to limit biases that a single variable can have on the data. The model analyzes state level firm financial performance by utilizing ROA and Tobin’s Q as well as comparing high corruption state data to low corruption state data. The study finds that the presence of corruption increases the firm’s financial performance at the state level. These data are then used to conduct univariate testing with Ordinary Least Squares modelling to examine fixed firm effects as well as time lagged data. Significance is found to hold for these constraints and that firm financial performance is enhanced in high corruption states for most of the sample constructs. Supplementary models are subsequently constructed to test the robustness against significant economic events and legislative changes. The model is found to provide additional evidence when these tests are applied, thereby maintaining significance. The evidence from these tests are discussed and the conclusion reached is that corruption provides the opportunity for firms to enhance their financial performance, particularly for large firms, value firms, and firms with low leverage. It is also concluded that the benefits in performance from corruption are more beneficial in the short term.
在过去30年中,在腐败及其对社会许多方面的影响方面进行了大量的工作审查。在商业领域,衡量腐败的努力经常引起争论,并提出了反映腐败存在时不同企业特征的模型。基于这些测量,研究通常考虑单一变量随时间的测量,通常是跨国的。本研究构建了一个包含2000-2015年期间多个不同变量协同工作的新模型,以假设美国州一级的各种不同关系和企业特征。在此过程中,构建模型是为了限制单个变量对数据的偏差。该模型通过利用ROA和Tobin’s Q以及比较高腐败状态数据和低腐败状态数据来分析州级企业的财务绩效。研究发现,腐败的存在增加了公司在州一级的财务表现。然后使用这些数据进行单变量检验,使用普通最小二乘模型来检验固定企业效应以及时间滞后数据。研究发现,这些约束条件具有重要意义,并且对于大多数样本结构来说,在高腐败状态下,企业的财务绩效得到了增强。随后构建了补充模型,以检验对重大经济事件和立法变化的稳健性。当应用这些测试时,发现该模型提供了额外的证据,从而保持了意义。对这些测试的证据进行了讨论,得出的结论是,腐败为企业提供了提高财务绩效的机会,特别是对大型企业、价值型企业和低杠杆企业而言。研究还得出结论,腐败对绩效的好处在短期内更有利。
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引用次数: 0
The Bundling of Foreign Bribery Cases 海外受贿案的捆绑
Pub Date : 2018-04-06 DOI: 10.2139/SSRN.3157532
B. Hock
This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants would likely reject to settle if they were to decide on them separately. In this context, our understanding of what constitutes and should constitute a foreign bribery case is limited. The article shows that anti-bribery bundling is part of a broad trend that allows, in some cases, the United States (US) enforcement authorities to enforce foreign anti-bribery laws extraterritorially. This trend is illustrated on cases in which the US enforcement authorities punished companies headquartered in Europe for their operations outside the US. The article concludes with a discussion of the significant implications the extraterritoriality of bundling has for foreign anti-bribery law theory and policy.
本文是第一篇讨论国家执法机构如何利用捆绑(捆绑或卷起许多事情)与企业就多项贿赂指控达成和解的文章。这些和解依赖于一些被指控的非法行为,如果被告单独决定这些行为,他们可能会拒绝和解。在此背景下,我们对什么构成和应该构成境外受贿案的理解是有限的。这篇文章表明,反贿赂捆绑是一种广泛趋势的一部分,在某些情况下,美国执法当局可以在域外执行外国反贿赂法。美国执法部门惩罚总部设在欧洲的公司在美国境外开展业务的案例说明了这一趋势。文章最后讨论了捆绑的治外法权对国外反贿赂法律理论和政策的重要意义。
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引用次数: 0
Popularity Shocks and Political Selection 人气冲击与政治选择
Pub Date : 2018-02-15 DOI: 10.2139/ssrn.3141242
F. Cavalcanti, Gianmarco Daniele, Sergio Galletta
We observe that popularity shocks are crucial for electoral accountability beyond their effects on voters' behaviors. By focusing on Brazilian politics, we show that the disclosure of audit reports on the (mis)use of federal funds by local administrators affects the type of candidates who stand for election. When the audit finds low levels of corruption, the parties supporting the incumbent select less-educated candidates. On the contrary, parties pick more-educated candidates when the audit reveals a high level of corruption. These effects are stronger in municipalities that have easier access to local media.
我们观察到,除了对选民行为的影响之外,人气冲击对选举问责制至关重要。通过关注巴西政治,我们发现,地方行政人员不当使用联邦资金的审计报告的披露,会影响参选候选人的类型。当审计发现腐败程度较低时,支持现任者的政党会选择受教育程度较低的候选人。相反,当审计发现腐败程度很高时,政党会选择受教育程度更高的候选人。这些影响在更容易接触到当地媒体的城市更强。
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引用次数: 46
The Rising of De Facto Power: China Evidence 事实权力的崛起:中国证据
Pub Date : 2018-01-31 DOI: 10.2139/ssrn.3152631
Ellen Jin Jiang, Xian Sun, Z. Hua
Using the anti-corruption campaign launched in China in 2012, we examine how the rise of the economic presence of the private sector impacts economic activities and outcome. Although the economic activities may be temporarily inversely impacted by the campaign because some government officials are less motivated to make economic decisions to avoid any chance of making “mistakes”, industries located in provinces with higher presence of the private sector may be impacted less. We conjecture that the private sector has possessed greater de facto power through the economic resources accumulation during the rapid economic growth and therefore may have pushed for changes in economic/political policies in favor of its interest. Thus, as the role of the political institution in making economic decisions become suddenly weakened because of anti-corruption campaign, the economic activities of these provinces with higher de facto power are less impacted. Controlling for province, industry, and year fixed effects, we find that while the growth of the industry gross output value reduces after the campaign, the businesses located in provinces with higher de facto power are less impacted. We further conjecture that not all economic presence necessarily leads to the rising of de facto power in the private sector. In highly regulated industries where the government desires to retain the controlling influence, the private sector has little chance of pushing for policies in favor of its interest. We find that the mitigation effect of the de facto power on economic slowdown is particularly driven by the non-regulated industries.
利用2012年中国发起的反腐运动,我们研究了私营部门经济存在的崛起如何影响经济活动和结果。尽管由于一些政府官员不太愿意做出经济决策以避免任何“错误”的机会,经济活动可能会受到这场运动的暂时负面影响,但位于私营部门较多的省份的工业可能受到的影响较小。我们推测,在经济快速增长的过程中,私营部门通过经济资源的积累,拥有了更大的事实上的权力,因此可能推动了有利于其利益的经济/政治政策的变化。因此,当政治制度在经济决策中的作用因反腐运动而突然减弱时,这些实际权力较高的省份的经济活动受到的影响较小。控制省份、行业和年度固定效应后,我们发现,虽然运动后行业总产值的增长有所下降,但事实上权力较高省份的企业受到的影响较小。我们进一步推测,并非所有的经济存在都必然导致私营部门实际权力的上升。在政府希望保持控制影响力的高度监管行业,私营部门几乎没有机会推动有利于其利益的政策。我们发现,事实上的权力对经济放缓的缓解作用尤其受到非管制行业的推动。
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引用次数: 1
Corruption and National Security 腐败与国家安全
Pub Date : 2017-12-01 DOI: 10.2139/ssrn.3142894
V. Terziev, Marin Petkov
This work researches the dependency national security - corruption. In view of security the significant fact is that the resulting vulnerable environment is favourable grounds for building positions of being impacted by foreign services, economic and other subjects with which to impact the process of making decisions that are important to the country in direction that does not correspond to the national interest. We have analysed in detail corruption’s impact onto the central authorities, the local authorities, the judicial authorities and the economy of the country.
本文研究了国家安全与腐败的关系。就安全而言,重要的事实是,由此造成的脆弱环境是建立受外国服务、经济和其他主题影响的地位的有利条件,从而影响对国家至关重要的决策进程,使其朝着不符合国家利益的方向发展。我们详细分析了腐败对中央当局、地方当局、司法当局和国家经济的影响。
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引用次数: 16
The Effect of Corruption on FDI and Its Modes of Entry 腐败对外国直接投资的影响及其进入方式
Pub Date : 2017-08-20 DOI: 10.2139/ssrn.3043758
H. Luu, N. Nguyen, H. Ho, Nam T. Vu
PurposeThe purpose of this paper is to empirically investigate the impact of corruption on foreign direct investment (FDI) and its two major modes of entry: greenfield investment (greenfield) and cross-border mergers and acquisitions (M&As).Design/methodology/approachData are collected from 131 countries. Modern econometric techniques, including the generalized method of moments (GMM) estimator, two-stage least square estimator and two-step system GMM estimator, are used to evaluate the impact of corruption on FDI activities.FindingsThe empirical results illustrate that corruption is a deterioration factor that significantly hinders FDI inflows. However, this finding turns out to be contradictory when the two major components of FDI – greenfield investment and cross-border M&As – are separately examined. Specifically, while corruption consistently discourages cross-border M&As over time, it appears to exert positive effect on greenfield investments.Originality/valueThis is among the first to empirically examine the impact of corruption on FDI and its modes of entry in a number of countries spanning different time windows. In this sense, this paper also captures the changing nature of societies and economic conditions overtime and, therefore, enable academic researchers, policy-makers and business practitioners to draw broad inferences from the empirical results.
本文的目的是实证研究腐败对外国直接投资(FDI)及其两种主要进入方式:绿地投资(greenfield)和跨境并购(M&As)的影响。设计/方法/方法数据收集自131个国家。现代计量经济学技术,包括广义矩量法(GMM)估计量、两阶段最小二乘估计量和两步系统GMM估计量,被用于评估腐败对外国直接投资活动的影响。实证结果表明,腐败是阻碍外商直接投资流入的恶化因素。然而,当FDI的两个主要组成部分——绿地投资和跨境并购——被分开考察时,这一发现就被证明是矛盾的。具体而言,尽管腐败一直阻碍跨境并购,但它似乎对绿地投资产生了积极影响。原创性/价值这是第一批在多个国家跨越不同时间窗口实证研究腐败对外国直接投资及其进入方式的影响的研究之一。从这个意义上说,本文也抓住了社会和经济条件的变化性质,因此,使学术研究人员、政策制定者和商业从业者能够从实证结果中得出广泛的推论。
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引用次数: 26
期刊
ERN: Institutions & Corruption (Topic)
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