OPS FPX 5620 Assessment 2 Analyzing Cultural, Legal, and Ethical Concerns for a Global Supply Chain

OPS FPX 5620 Assessment 2 Analyzing Cultural, Legal, and Ethical Concerns for a Global Supply Chain

Student Name

Capella University

OPS-FPX5620 Supply Chain Foundations and Management

Prof. Name:

Date

Introduction

This presentation aims to assess the company’s current standing and its global expansion strategies, particularly focusing on China. The topics covered include cultural, legal, and ethical considerations vital for successful business operations. China offers numerous opportunities for foreign investment, tapping into a largely untapped market. However, this potential comes with its own set of challenges. This presentation will examine these issues and suggest practical solutions to help the company thrive. After every key focus area, an analysis of its implications for the company will be provided, leading to a final conclusion.

Global Expansion Situation

Opportunities

The global market, especially China, offers significant opportunities. Since China opened its markets in the 1970s, it has emerged as a vast, untapped consumer base (Galvin, 2017). As economists predict, China is expected to be a leading supplier of goods, services, and raw materials by 2050 due to its low labor and production costs (Majaski, 2020). These predictions are already coming true, with China now being one of the fastest-growing markets, transitioning from agrarian-based growth to a more consumption-driven and innovative economy. Sectors with the most potential include energy, technology, engineering, healthcare, and finance (STARTUPoverseas, n.d.).

Challenges

While the Chinese market offers great potential, it presents significant challenges that Mainland Tools must overcome to succeed. China maintains strict regulations to protect its domestic companies, often at the expense of foreign entities. Furthermore, protecting intellectual property remains a challenge due to insufficient enforcement of these regulations. However, with the recent introduction of the Foreign Direct Investment (FDI) laws in 2020, there is an emphasis on equal treatment of foreign companies and enhanced protection of intellectual property (Zhou, 2019).

Another challenge involves cultural differences and the language barrier, which may affect daily operations. There is also concern about the availability of skilled labor. Although labor might seem plentiful, the skill level of workers may not align with the company’s expectations. It will be essential to place the right personnel in the appropriate roles to ensure the company’s success in China.

Cultural Concerns

Building Relationships

China’s business practices are deeply rooted in tradition, with a strong emphasis on relationships. Unlike the Western practice of separating business from personal life, Chinese business culture intertwines the two. Companies take time to foster personal connections between staff, suppliers, and customers. These relationships are built on trust and loyalty, which are vital for long-term partnerships [CITATION Tam19 \l 1033].

Analysis and Recommendations

Though the process of building relationships may seem slow, it can lead to more stable and beneficial partnerships over time. Strong relationships with suppliers can offer better pricing and discounts, while retaining employees longer will reduce costs associated with training new hires. Mainland Tools has an advantage through its acquisition by Thompson Tools, which helps build trust with local suppliers and customers. Strengthening internal relationships through team-building activities can also improve communication and efficiency.

The Concept of “Face”

In Chinese culture, “face” represents a person’s reputation and social standing. Maintaining face is critical to building relationships and successful business interactions. Employees and managers often avoid direct disagreements to preserve each other’s face, which can pose challenges in addressing issues openly. Miscommunications may also arise as Chinese employees, self-conscious about their English skills, might choose silence to avoid embarrassment [CITATION Teo11 \l 1033].

Analysis and Recommendations

To address this cultural nuance, businesses must foster open communication without risking the loss of face. Monthly one-on-one meetings or anonymous feedback boxes can provide employees with a safe environment to share their thoughts. Additionally, offering clear work instructions can reduce the need for employees to ask potentially uncomfortable questions. This approach will create a culture of transparency and collaboration, ultimately improving productivity.

Legal Concerns

Protectionism

China is known for its protectionist policies, which favor domestic companies over foreign ones. Foreign companies often need to form joint ventures with local firms to enter the market. This requirement is based on the new entrant’s technology and expertise [CITATION FAC \l 1033]. While China has begun relaxing some of these restrictions with recent legislation, such as laws passed in 2020, foreign businesses still face hurdles in accessing the market and repatriating profits [CITATION HGo \l 1033].

Analysis and Recommendations

The easing of regulations is a positive step, but Thompson Tools must carefully evaluate its financial commitments. The firm should investigate how Chinese laws will impact its ability to transfer revenue back to the U.S. It’s essential to assess whether the return on investment (ROI) justifies further capital expenditures, especially given the evolving political landscape and potential changes in U.S.-China relations.

Intellectual Property (IP)

Protecting intellectual property remains a challenge in China, where IP theft has been a growing concern. Foreign companies entering joint ventures are particularly vulnerable to IP theft, whether through sharing confidential information or bribery [CITATION Tan19 \l 1033]. However, recent changes to China’s IP laws promise stronger protection for foreign companies, with improvements expected by 2025 [CITATION HGo \l 1033].

Analysis and Recommendations

The company must adopt best practices for protecting IP, both in China and in the U.S. Regular audits and clear communication about IP policies will help safeguard sensitive information. These efforts should take cultural considerations into account, emphasizing the role of each employee in maintaining IP security.

Ethical Concerns

Building Relationships: Potential Pitfalls

While building strong relationships is essential for success in China, it can lead to ethical challenges. For example, the exchange of gifts or confidential information between business partners is common and often expected in Chinese culture. However, this practice can lead to conflicts of interest and even illegal activities [CITATION Zhi11 \l 1033].

Analysis and Recommendations

Thompson Tools must navigate these cultural differences carefully to maintain its ethical standards. Establishing clear policies on gift-giving and confidential information will help employees avoid potential pitfalls. Additionally, maintaining transparency in business relationships will ensure long-term success while upholding the company’s ethical values.

Understanding Corruption, Personal Gain, and Bribes in Chinese Business Culture

Corruption, personal gain, and bribes have historically plagued the business environment in China. Due to the lack of strong ethical guidelines and enforcement, unethical practices such as bribing government officials for personal or corporate gain have become prevalent. This cultural context often lacks clarity on moral business conduct, allowing leaders to exploit loopholes. Moreover, the absence of business ethics education in many Chinese business schools adds to this issue. Most institutions either omit business ethics from their curriculum or offer it as an elective, contributing to a lack of ethical awareness among future business leaders.

The Lack of Ethical Education and Its Consequences

Chinese business schools play a pivotal role in shaping the future workforce. However, the limited focus on ethics courses significantly impacts the business environment. A gap in education, combined with relaxed legal enforcement, creates a business culture where unethical practices can thrive without facing proper consequences. For instance, companies often operate with management and accounting systems that lack transparency, making it easy for employees to misappropriate funds for personal use. Many organizations don’t require employees to submit receipts or expense reports, facilitating corruption and embezzlement.

Ethical Evolution in Chinese Businesses

Despite these challenges, change is on the horizon. Some major corporations like Huawei Technologies have begun to recognize the importance of business ethics. Huawei has implemented internal programs focused on ethics education and established behavioral standards to guide employees. These guidelines are tied to performance evaluations, incentivizing employees to align their conduct with the company’s ethical expectations. By connecting ethical behavior with career growth and employee evaluations, Huawei sets an example for other businesses in China to follow, paving the way for a more ethical future.

Ethical Concerns and Strategic Recommendations

Ethical concerns in the Chinese business landscape remain a significant obstacle. While companies cannot directly control market norms, they can lead the charge in adopting ethical practices. For organizations like Thompson Tools, following the model of companies like Huawei could set a new ethical standard in the market. Clear communication about expected ethical behavior from the top levels of management down to entry-level employees is crucial.

Aligning Employee Values with Corporate Goals

Creating detailed ethical guidelines for employees is a critical step in transforming company culture. These guidelines should function like any other work instructions and be incorporated into employee evaluations. By tying ethical behavior to career progression and personal growth within the company, businesses can ensure that employees adhere to these standards. A significant factor in the Chinese culture is the concept of “face,” which represents a person’s reputation and honor. If non-compliance with ethical guidelines leads to loss of face, employees are more likely to align with corporate values.

Incentives for Ethical Behavior

Incentivizing ethical behavior is another crucial strategy for businesses. Offering a rewards system that holds more value than the potential benefits of accepting bribes or engaging in unethical practices can motivate employees to maintain ethical standards. By demonstrating that ethical behavior can result in tangible benefits, such as promotions or bonuses, companies can create a positive return on investment (ROI) for their employees’ dedication to the company’s principles.

Overcoming Challenges and Capitalizing on Opportunities in China

Operating a business in China can be challenging, especially for companies used to Western business practices. The differences in legal and ethical frameworks require companies to be adaptable and prepared for obstacles. However, these challenges also present opportunities for growth and expansion. China remains one of the fastest-growing markets in the world, with foreign firms projected to capture up to 20% of its market share.

While external threats such as intellectual property theft and unethical competition cannot be entirely eliminated, they can be mitigated through strong internal guidelines and consistent employee training. If Thompson Tools can successfully adapt to the unique business environment in China by enforcing intellectual property protection and fostering a culture of ethics, it will be well-positioned to lead by example and achieve long-term success.

Conclusion

Navigating the complexities of the Chinese business environment requires companies to strike a balance between understanding cultural nuances and implementing ethical business practices. With the right strategies, including clear ethical guidelines, strong communication from leadership, and meaningful incentives, companies can overcome these challenges and thrive in the Chinese market. By following in the footsteps of ethical frontrunners like Huawei, organizations like Thompson Tools can not only achieve success but also contribute to the development of a more ethical business landscape in China.

References

Albert, E. (2019, November 15). Is BRICS Losing Its Shine for China? Retrieved from The

Diplomat: https://thediplomat.com/2019/11/is-brics-losing-its-shine-for-china/

Bettles, J. (2016, June 8). The importance of Face in Chinese Business. Retrieved from Pagoda

Projects: https://pagodaprojects.com/face-%EF%BC%88%E9%9D%A2%E5%AD%90-

mianzi%EF%BC%89-in-chinese-business-culture/

Brown, T. (2019, November 25). Five things to know about China’s promised crackdown on

intellectual-property theft. Retrieved from MarketWatch:

https://www.marketwatch.com/story/five-things-to-know-about-chinas-promisedcrackdown-on-intellectual-property-theft-2019-11-25

Chen, C.-P., & Chen, R. (2005, June). CHINESE PROFESSIONAL MANAGERS AND THE

ISSUE OF ETHICAL BEHAVIOUR. Retrieved from IVY Business Journal:

https://iveybusinessjournal.com/publication/chinese-professional-managers-and-theissue-of-ethical-behaviour/

OPS FPX 5620 Assessment 2 Analyzing Cultural, Legal, and Ethical Concerns for a Global Supply Chain

Erickson, T. (2019, November 14). Business thorugh the lens of Chinese history. Retrieved from

London Business School: https://www.london.edu/think/business-through-the-lens-ofchinese-history

FACTS AND DETAILS. (n.d.). Foreign Companies in China. Retrieved from Economics,

Business, Agriculture – Business and Trade:

http://factsanddetails.com/china/cat9/sub62/item349.html

Galvin, J. (2017, October 19). The Challenges and Benefits of Expanding a Business to China.

Retrieved from LinkedIn: https://www.linkedin.com/pulse/challenges-benefitsexpanding-business-china-john-galvin/

HG.org Legal Resources. (n.d.). China’s Legal Environment for Foreign-Owned Enterprises.

Retrieved from HG.org Legal Resources: https://www.hg.org/legal-articles/china-s-legalenvironment-for-foreign-owned-enterprises-6263

Kermeliotis, T. (2011, October 21). Doing Business in China: Five Tips for Success. Retrieved

from CNN Business: https://www.cnn.com/2011/10/21/business/china-businessinvestors-culture/index.html

LIMPID. (n.d.). Biggest Challenges Businesses Face when Expanding into China. Retrieved

from LIMPID: https://limpid-translations.com/2018/10/05/biggest-challenges-businessesface-when-expanding-into-china/

Majaski, C. (2020, January 27). Brazil, Russia, India, and China (BRIC). Retrieved from

Investopedia : https://www.investopedia.com/terms/b/bric.asp

STARTUPoverseas. (n.d.). Why Expand to China? Retrieved from STARTUPoverseas:

https://www.startupoverseas.co.uk/news/why-expand-to-china.html

USBC. (2019). Best Practices: Intellectual Property Protection in China. Retrieved from The

US-China Business Council: https://www.uschina.org/reports/best-practices-intellectualproperty-protection-china

Xiao, Z. (2011, October 5). The Problem with China’s Business Culture. Retrieved from Harvard

Business Review: https://hbr.org/2011/10/the-problem-with-chinas-busine

Zhou, Q. (2019, October 17). China Briefing. Retrieved from China’s New Foreign Investment

Law: A Backgrounder: https://www.china-briefing.com/news/china-new-foreigninvestment-law-backgrounder/