When do gifts and presents become bribes?

How to handle this situation personally, and how to send a message about this issue to your subordinates? For starters, all companies should have a clear policy regarding gifts/presents in order to let employees know what can they give or receive. It is not always the size or the price of the gift but the percieved value and/or intention. Other important source for this point could be locals laws. Don`t forget about common sense too - if you "feel" that it is a bribe, you are probably right - and then you do all you can to refuse the gift without offending the other side.

The previous statement is correct in general terms, but actually there is more to it than that. Different cultures/countries have varying views on this subject and, albeit difficult, could be followed provided you are operating within the particular country or culture whose rules you wish to apply. However, the only way to be sure that you are not being perceived as accepting a bribe is not to accept anything that was not purchased either by you or your company for legitimate business use. Many companies in the UK, for instance, have adopted this policy. One other thing is our own personal assesment of the gift's real nature - whether the gift would be given or not if the recipient is no longer in that job. And, as in all intanigble things and without company policies present, we use our common sense to find the best and safest way to decide about gifts/presents.

One thing we have to point out - always follow the company rules but also follow the local customs - for example, Japanese have a custom for giving gifts and it is very impolite, even dishonorable, to refuse, because giving gifts is an honor and a way they welcome guests. So, in order to not make it a bribe you should always receive the gifts in public or make everyone get it - ballpoint pen for all participants in a seminar/meeting, etc. In public you cannot refuse a gift, and in most cases shouldn't, and everybody knows that you got it. You may still have to report the gift to the company, depending on its polices. But you have to refuse personal gifts that are given "under the table" ( not in public ). However, even in public you may want to consider the value of the gift itself if, for example, you were to be given a brand new car or something that is considered very expensive - one of the solutions is to pass the gift to the company representative, especially in front of the public - it is good for you and your company image.

We have to consider another point - accepting gifts of any kind that will influence your decision making ( in favor of the giver ) and that gift becomes a bribe - no exceptions. In the UK, bribery is defined in law by a recently introduced statute; there are clear definitions of what constitutes a bribe ( principally in relation to influencing or attempting to influence a commercial decision ) and the measures that should be put in place by companies and individuals to prevent bribery occurring. Whilst this type of law may not be present in your country of residence, the principles set down a good set of guidelines that can be followed everywhere. Even though these kinds of laws do exist, and general attitudes about such problems is changing, it is quite regrettable that bribery and corruption are deep rooted issues in many economies and companies that do not have policy around this important corporate goverance issue. Sometimes, refusal to accept such "Greek gift" may expose you to dire consequences or cost you your employment in the least.

Once I read about a company that had a nice policy about gifts - you should accept all the gifts, hand them over to the company, smaller ones you could keep and all the others you would put numbers on, and then have everybody in the company draws a ticket. If there is a number on your ticket you won the gift. Hence gifts can be received by everybody in the company and there is no personal gain. But in the end, this is a topic without real answers or solutions, as long as vendors/interested groups hide gifts/subtle bribes through workshops with entertainment/training and other benefits....as the silent motivating tools in the corporate world and industry.