The Disjointed Incrementalism in Pubic Administration-A Case Study of the US Anti-Corruption Policy

Abstract

This paper analyzes the dynamic evolution of the anti-bribery policy, in the context of the Foreign Corruption Practice Act (FCPA), and identifies the US government as the key policy entrepreneur behind the international negotiations in raising higher business ethics among developed countries and strengthening international rule of law. This paper argues that the US anti-corruption policy is an appropriate representative of the disjointed incrementalism due to the ignorance of consequences and unexpected focusing events. Secondly, the title of the FCPA is a powerful symbol which no one can deny its justification (Stone 1997). Instead of abolishing the law, policy makers have to find alternatives to meet the demand of interest groups which are unhappy about the law. Thirdly, this anti-bribery policy evolves from an idealistic approach to a realistic approach. As time goes by, saving American image is no longer the predominant factor behind the law. The goal of the policy shows a pendulum effect swinging between fairness (equal rule of law) and efficiency (profit maximization). This paper finds that focusing events, mainly political scandals, contribute greatly to the disjoining change of US anti-corruption legislation and to the making of a supply-side international anti-bribery treaty, i.e. the OECD Convention. However, being a pioneer in leading domestic and international legislation in anti-bribery does not guarantee an optimal outcome. The results of this supply-side anti-corruption policy and practice are mixed. From the perspectives of institutionalization, the US is successful in both producing the OECD Convention and harmonizing its domestic legislation, the FCPA, with this Convention. These legislative moves indeed level the playing field in institutionalizing global business ethics, but the original legislative intent of saving the American image abroad is not in par with the legislative success. The US is still lagging behind 11 industrialized countries in the ranking of Bribe Payers Index, which was published by Transparency International. The low ranking reflects the fact that international perceptions of American business practices in 15 emerging markets around the world are incompatible with its progressive legislation. The gap between the letter of the law and business ethics in practice present a challenge for US policy makers to articulate and design a follow-up policy in enforcement.