Cambridge, Massachusetts (CNN) — Did Wal-Mart’s Mexican subsidiary pay bribes, in 2005 and earlier, to the Mexican officials who grant permits for stores like Wal-Mart? And did Wal-Mart cover up these actions for several years, after an internal investigation discovered the bribes, before finally reporting the internal investigation to the Department of Justice and the SEC last December?
The answer, according to recent news accounts, is yes. This could mean that Wal-Mart violated the Foreign Corrupt Practices Act, adopted in 1977, which forbids U.S. companies from paying bribes to foreign officials.
If Wal-Mart violated the law, U.S. officials should prosecute. No one should be above the law, whether the law is sensible or not.
Yet the public and policymakers should also consider whether the Foreign Corrupt Practices Act is good policy. And despite good intentions — particularly, the goal of reducing corruption — it is not.
The act is difficult to enforce on a consistent basis, since companies that wish to pay bribes can circumvent the law in numerous ways, mainly with minimal risk of exposure. So, most violations go undetected. The act therefore hurts companies that break the law clumsily and get caught, thereby creating a competitive advantage for companies that break the law cleverly and get away with it.
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