By
Matthew Richardson
If you can’t get people to stop walking on grass, you might
as well pave the path. That appears to be the mentality
in Romania, where the suggestion has arisen that, by requiring rather
than prohibiting bribes to doctors, legal magic converts this common illicit
exchange of money from corruption into legitimate payment for services. Beyond
the interesting governmental and philosophical questions presented by this
idea, within the realm of sanctions, a thoughtful observer might raise two
questions. First, whether this constitutes legitimization within the sanctions
regimes of foreign actors such as the United States (FCPA) or multilateral
development banks (World Bank, IADB, etc.). Second, how any system can
distinguish between misconduct and fair dealing when an individual can
discreetly pass a few bills to a physician and receive immediate care, while
someone else watches the minutes go by helplessly in the waiting room.
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