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Foreign Corrupt Practices Act Essay examples
Foreign Corrupt Practices Act In today's ever changing and competitive modern world of business, it
is critical for the companies to have activities internationally. In order to prohibit frauds and illegal
activities, several acts and documents have been elaborated. One of the documents is Foreign
Corrupt Practices Act that has been enacted in the 1970's, as a result of SEC investigation of several
U.S. companies that made illegal payments to foreign governmental officials, politicians, and
political parties (Barnes 73). The FCPA had a critical impact on the way U.S. firms do business.
Companies that did not comply with FCPA have been subject of criminal and civil enforcement
actions that later resulted in huge fines and sentences for ... Show more content on Helpwriting.net
...
However, not all companies succeed to comply with all regulation, even though apparently it looks
that all operations are lawful. For instance, United States vs. Kay case, No. 05–20604, 2007 U.S.
could lead to broader enforcement actions under the FCPA ("FCPA Gets Broader Reach"). The
company President (Douglas Murphy) and Vice President for Caribbean Operations (David Kay) at
American Rice, Inc. took several steps in order to reduce sales and taxes costs to rice exported to
Haiti. Even though their actions included paying officials to resolve tax issues, underreporting
imports to reduce duties and taxes, paying officials to accept the underreporting, the district court
granted a motion to dismiss the indictment, holding that the scope of FCPA did not extend to paying
foreign officials for the purpose of reducing taxes. In contrast, the court of appeal reversed in United
States vs. Kay, holding that bribes paid to foreign officials in consideration for unlawful evasion of
sales taxes fall within FCPA. As a result, the jury found Kay and Murphy guilty of violating the
FCPA by paying foreign officials to retain their business in Haiti ("FCPA Gets Broader Reach").
Moreover, the court rejected defendants' argument that its interpretation of the FCPA extended
criminal liability under the statute
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Corruption
Effects of Corruption in Multinational Corporation's [Student name]
[Professor's name]
[Course title]
[Date]
Introduction
Corruption can be defined as a spiritual or moral deviation from an ideal. Corruption come in
different styles and that include bribery and funds embezzlement.
Corruption has been the number one menace in many countries of the world. It impacts countries in
many ways, impacting economy and development in a negative way. Corruption tends to raise the
cost of government and may lower the rate of infrastructure growth. Most importantly, corruption
has a negative impact on capitalism and foreign investment in that; it changes the environment
which in turns affects decisions and actions. Corruption causes ... Show more content on
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Bureaucratic harassment such as the waiting time for a permit and statutory tax and tariff rates are
other forms of corruption.
Countries have different laws, making some actions viewed in our capitalistic society as
inappropriate, to be appropriate in a socialism or communistic society. The Organization for
Economic Cooperation and Development (OECD) defines corruption as "intentionally to offer,
promise or give any undue pecuniary or other advantage....to a foreign public official...in order that
the official act or refrain from acting in relation to the performance of official duties in order to
obtain or retain business or other improper advantage in the conduct of international business"
(Raeschke –Kessler & Gottwald, n.d.). This measure criminalizes bribery in international
transactions, however, influence peddling (a practice in which undue advantage of giving, promising
or selling of an undue advantage to a person who will sell their influence to the government) is not
covered by OECD definition.
An effect the U.S. Foreign Corrupt Practices Act (FCPA) of 1977 found that "United States direct
investment in more corrupt countries grew more slowly than in other countries" (Wei, 2000). China
is an interesting example. China is a large country with a vast supply of cheap labor. The country
also has a great deal of rampant corruption. There has been a large amount of foreign
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Riordan Manufacturing Company: Review and Analysis
Riordan Manufacturing Company: Review and Analysis Jennah Es–Sudan, Monica Malcom, Annie
Willis and Yeong Yoo University Of Phoenix BUS/430 December 1, 2009 Riordan Manufacturing
Company Review and Analysis The focus of this paper is to analysis the regulatory measures of
Riordan Manufacturing. Riordan Manufacturing, Inc. is an industry leader in the field of plastic
injection molding. With state–of–the art design capabilities, creating innovative plastic designs that
have earned international acclaim. Attention to detail, extreme precision and enthusiastic quality
control are the hallmarks of Riordan Manufacturing. With facilities in San Jose, California, Albany,
Georgia, Pontiac, Michigan and ... Show more content on Helpwriting.net ...
These intellectual properties included patents and trademarks. Unfortunately, nations are still
struggling to adopt a consistent international legal system that governs the intellectual property.
They often have restrictions which includes geographical/and field use limitations and customer
restriction. The Paris Convention is a guarantee that in each signatory country, foreign trademark
and patent application from other signatory countries will receive the same treatment. According to
United States Patent and Trademark Offices (2009) a patent for an invention is the grant of a
property right to the inventor. There were problems and drawbacks with this particular agreement so
in 1970 the patent cooperation Treaty was adopted. This particular agreement addresses the
centralized utility patent application process (Schaffer, Agusti, & Earle, 2009). A trademark is a
word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that
identifies and distinguishes the source of the goods of one party from those of others United States
Patent and Trademark (2009). Riordan Manufacturing makes plastic products in the United States
and decided to move the plant that makes Pontiac products to China. This was a way to produce
goods cheaper than in the United States and enter the market international. When making this move
into the international market Riordan Manufacturing has trademarks on their plastic bottles and
other plastic products
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Baker Hughes: Foreign Corrupt Practices Act Study Questions
1. Describe the economic and social impact of bribes and other similar payments in emerging
economics. In emerging economies, bribes and other similar payments have a negative impact. Such
corruption, although appearing to provide short term growth, will not turn into long term growth.
Corruption reduces the efficiencies of the operations of the market economy and a loss of direct
foreign investment in countries where participation in corruption is how business is done. Politicians
and government officials worldwide receive bribes valued between $20 billion and $40 billion
annually. Companies that participate in bribing can face reputational damage and loss of investors.
According to the World Bank, 0.5% of GDP is lost due to ... Show more content on Helpwriting.net
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Indirectly being involved is still a foreign corrupt practice.
6. Evaluate whether the changes in Exhibits 4 and 5 are likely to stop future foreign corrupt
practices at Baker Hughes.
Exhibits 4 and 5 are likely to help stop future foreign corrupt practices. To have a set of rules and
expectations such as in Exhibit 4, the due diligence procedures, helps by leaving a paper trail. It is
important to document the process of hiring a new agent, to make sure that you are complying with
the FCPA. Exhibit 5 is also helpful because it is a reference point for anyone who may not be
familiar with corruption in international business. To have a set of red flags that can be referenced, it
can reduce employees just looking the other way and claiming they were not aware of the potential
for corruption during a business deal. While neither of these will stop every occurrence of corrupt
practices, having them in place will cause employees to think twice about engaging in such
practices. If there is a standard for everyone to follow, it will also be easier to catch those that still
decide to intentionally engage in foreign corrupt practices because they will be unable to say they
did not know what was happening.
7. Discuss how the compliance and governance changes are likely to impact the future profits and
shareholder value at Baker Hughes.
Compliance and governance changes will be likely to increase future profits and shareholder value
at
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Globalization And Globalization
With the changes in the global economy, pegged with the advancement of technology, companies in
the United States must reconsider their strategies to compete with international counterparts. It was
only 50 years ago, a company in anywhere town, America could carve out space in a market for
themselves and do well without a competitor in sight. Things have changed now and not is the threat
of a Wal–Mart moving into your neighborhood a fear of the small to medium–sized company,
international companies have also set their eyes on the United States. With as the leading consumer
market with a 28% of the world's consumer market, nearly four times larger than distant second
China, there is no wonder why any other country would want to penetrate the most lucrative market
on the planet. This is owed to the growth of globalization and the expansion of technology into
instruments beyond research, entertainment, and communication, and into the world of digital and
cryptographic currency. What the global economy is beginning to realize is: there are still untapped
markets where profits could be astronomical. Many developing countries are beginning to adopt
practices and methods of developed countries on a smaller scale, with the help of technology. As the
prevalence of new markets and a new form of currency grows, there is no doubt larger companies
will be able to seize the opportunity to make in these markets. One should consider the following
fragments and their stems that support
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International Bribery Regulation And The Bribery Act 2010
2.4 International Bribery Regulation and the Bribery Act 2010
2.4.1 Development of National and Transnational Ethics Regulations
The development of national and international bribery legislation and regulation has been a slow
process spanning many centuries, stemming from the recognition of Piracy as the first and true
international crime (Duhaime's Law Dictionary, 2015). Although wide agreement exists on the
detrimental impacts of bribery and corrupt practices, many individual countries and transnational
industries (including that of civil engineering) fear implementation of tough anti–bribery legislation
will cause unfair competitive disadvantages compared to their counterparts from countries where
foreign bribery is not criminalised (OECD Observer, 2012).
The first major push to implement anti–bribery legislation was taken by the United States with the
Foreign Corrupt Practices Act (FCPA) 1977; this law made it illegal for certain classes of U.S.
persons to make payments to foreign government officials to assist in obtaining or retaining business
(U.S. Department of Justice, 2015). The broader development of ethics based law and regulation has
developed primarily throughout the 20th century; particularly post 1950 when most of the worlds
Inter Governmental Organisations (IGOs) had been established. Some of the most important IGOs
in this area include the United Nations (UN), World Bank, World Economic Forum (WEF) and
Organisations for Economic Co–operations and
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Main Provisions Of The Foreign Corrupt Policy Act
This essay requires that I identify the main provisions of the the Foreign Corrupt Policy Act (FCPA)
and then set forth the manner in which American businesses can comply with this act so as to
compete with foreign businesses. The FCPA was enacted in 1977 during the term of President
Jimmy Carter and is codified at 15 U.S.C. Sections 78–dd–1 et. seq..
During the 1970s the Security and Exchange Commission (SEC) commenced numerous
investigations of American businesses and their questionable payments to foreign governmental
officials. As a result of these investigations, the Foreign Corrupt Policy Act was proposed. The SEC
is the equivalent to police departments, but for corporations.
The FCPA was enacted as legislation so as to prevent American corporations from bribing foreign
officials. All corporations who are listed and traded on the stock markets in the United States must
comply with the reporting and accounting standards as required by the SEC.
The FCPA has three main components. First it requires corporations to keep detailed books, records
and accounts which accurately record corporate payments and transactions. Also, employees must
create and manage a sufficient system of internal accounting controls.
The second provision regards the bribery of foreign officials. Bribery refers to any gifts, offers,
payment, or promise of payment. Even making a relatively small payment of $100 is a violation of
the Act. It is also a violation to make a payment to a third party
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The Watergate Scandal
International bribery is a highly important activity that occurs between corporations and
governments. As a result of globalization the world has become far more interconnected and as a
result of that interconnectedness it has become easier for corporations to engage in activities such as
bribery or corruption. The video dicussed how corporations engage in bribery so that they can obtain
jobs in the regions that they engage in business. As a result of globalization businesses have a
greater capability of engaging in business around the world. Furthermore other than increasing their
ability to engage in business, globalization also infleunces how the world views business. One of the
core tenents to running a business is for a business to make money and to increase in size. As a
result of that engaging in activities that increase a businesses capability to make money and increase
its size is of great importance. Furthermore, as a result of that focus on increasing the sizes of
businesses, globalization has furthered the spread of business. Globalization influences the world
economically, ... Show more content on Helpwriting.net ...
The video discussed how the United States began confronting corruption in the government as a
result of bribery by making it illegal for United States corporations to engage in bribery. One of the
major motives for such laws to forbid bribery was the Watergate Scandal, where President Nixon
was reelected as a result of corporations using their corporate funds to fund his campaign.
Additionally when the Saudi Arabian ambassador was found to be involved in bribery and involved
in dubious economic activities. Finding that the Saudi Arabian ambassador was involved
questionable activites where he had a large amount of money transfered to accounts that he had in
the United States, the United States was forced to confront bribery with in its
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Reasons For Corruption In Thailand
Who is responsible for the Corruption in Thailand? Thailand is one of the most beautiful places in
the world. It's full of beautiful beaches, cities and wonderful food, however it is also home to a great
amount of corruption. I like to believe that the corruption in Thailand is caused by globalization, the
process where businesses or organizations gain international influence. Therefore this research is
based off of the question how are big corporations responsible for the corruption in Thailand? Big
corporations are responsible for the corruption in Thailand because of bribery and violations of the
Foreign Corrupt Practices Act.
What are the working conditions in the factories in Thailand? The working conditions in these
corporation's factories are unacceptable. According to the article titled "Former Nike Factory
Worker Shares Story of Abusive Working Conditions" written by Hyun Soo Lee. "Noi Supalai" (a
garment worker in Thailand) "...has faced years of harsh and abusive working conditions as a
garment worker in her home country of Thailand." Not only did they go through harsh working
condition but also according to the same article "It had been two months that we did not get paid."
This proved that the working conditions in Thailand were very bad and unfair to the workers. This
also proves that corporations like this are causing the corruption by letting this happen.
What is being done against corruption in Thailand? Currently in Thailand, one of the
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Stopping Fraud and Illegal Activities in Organizations...
In today's competitive and modern world of business, it is very significant for companies and firms
to conduct some of their business activities internationally. In order to stop fraud and illegal
activities from happening there are a few acts and documents that have been enabled. The Foreign
Corrupt Practices Act (FCPA) is a law that congress primarily passed in 1977. This act prohibits
businesspersons from bribing foreign officials to secure advantageous contracts. The United States
also regulates payments to foreign officials. Giving cash or kind benefits to foreign government
officials to obtain business contracts and other favors, this is actually often considered a normal
practice to do. To reduce such bribery among representatives of the U.S. Corporations, Congress
enacted the Foreign Corrupt Practices Act also known as FCPA in the year of 1977. The policy
behind the FCPA was to combat the negative impact of bribery on free and fair market competition.
The issue which led to the passing of the FCPA was the ethical problem in international business
dealings which had to do with the legitimacy of some side payments being made to government
officials. In the U.S. most contracts that are formed are formed within the private sector. This is
different though in foreign countries because decisions on major construction and manufacturing
contracts are made by government officials because of extensive government regulation and control
over trade and industry. Side payments
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The Foreign Corrupt Practices Act (FCPA)
The Foreign Corrupt Practices Act (FCPA) was created in the U.S. in 1977 in response to federal
investigations revealing American companies profiting in millions in bribes with foreign
government officials. As a result, the FCPA directly prohibits American based companies from
offering and making payments to any foreign official with the intent of enticing the recipient to
misuse his power, and indirectly through its accounting requirements.
Since its enactment, the FCPA has provided a competitive disadvantage to U.S. companies when
conducting operations in countries where bribery is the norm. The law does not level the playing
field, rather providing the opposite effect, since competitors abroad are not required to operate under
the same rules ... Show more content on Helpwriting.net ...
Since timeliness and efficiency are essential, one must encourage it by providing gratuities. This
money supplements the income of the recipient and encourages them to do their jobs. Nations that
are likely to encounter high bribery activity are usually those that are culturally ingrained with
nepotism, poverty, low government wages and a weakened economic structure. Laws like the FCPA
cannot change bribery activity since this culture stems from the real life conditions of the country.
The FCPA cannot seek to solve bribery issues among the U.S. and foreign countries, when the root
of the problem still exists. The FCPA is purely legislation and doesn't actually implement change.
When assessing the risks of violating the FCPA, U.S. companies lack completive advantages, while
other competitors get ahead by pay off as many bribes as necessary. This increases inequalities
between economies globally, which seems like an adverse, long–term effect of the FCPA.
Inequalities created by corrupt and less corrupt states will only split the world into two and doesn't
tackle the real issue at
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Analysis Of Kwok And Tadesse 's Regulatory Pressure Effect
Kwok and Tadesse suggest the regulatory pressure effect, demonstration effect, and the
professionalization effect. Corruption exists in local governments in less developed countries across
the globe, a circumstance that is extremely difficult to prevent. Since it is normal business practice
for local businesses to engage in corrupt activity, it is difficult for them to refrain from doing so,
since it is common practice. Most MNCs are unwilling to accept bribes in order for host countries to
attain an advantage. For the sake of making things easier, let us focus on MNCs from the United
States. Host institutions looking for business partners in the United States are presented a dilemma.
Either they continue to divulge in corrupt practices in their local government, or they strive for
internal legitimacy since these MNCs are likely to have adopted norms and practices that outlaw the
use of corruption and bribery from their affiliates. This can be attributed to the observance of acts
such as the US Foreign Corrupt Practices Act of 1977. The act outlaws US firms from coercing a
host country's government to enter into a business advantage through the use of materialistic items,
such as money. Violating this act can be costly for individuals and firms alike. To add in 1997, 33
countries had signed the Convention on Combatting Bribery of Foreign Public Officials in
International Business Transactions. There is an agenda to combatting corrupt practices in global
business. Regulatory
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Essay On Foreign Corrupt Practices Act
Vu Le Vu
LGLS 3562
Michael Valenza
December 7th, 2017
Foreign Corrupt Practices Act (FCPA)
FCPA Background
The U.S. Foreign Corrupt Practices Act (the "FCPA" or the "Act") is one of the primary statutes in
the U.S. for fighting against corruption around the world. After the Watergate scandals and
revelation of widespread corruption and bribery all over the globe by U.S companies, the FCPA was
established in 1977 by Congress [1].
Before passing the FCPA, the government found that more than 400 companies had paid millions of
dollars in briberies to foreign government officials to secure businesses overseas. It has been
reported that firms have secretly used the money to illegally contribute to the United States and
make illegal payments to ... Show more content on Helpwriting.net ...
The FCPA addresses three categories of persons and entities; issuers, domestic concerns and other
people (including foreign persons or their agents) that violate the law while on the territory of the
U.S. [1]. "Issuer" means any company whose class of securities are listed on a national securities
exchange in the United States. Alternatively, any company whose class of securities are quoted on
the free market in the United States and requires submission of periodic reports to the SEC is an
issuer. Therefore, the company does not need to be a US company to be a publishing company.
Foreign companies with US custody receipts listed on a US trading floor are also issuers. As of
December 31, 2011, 965 foreign companies were registered with the SEC [2]. Speaking of domestic
concerns, they could be any individual who is a citizen, national or resident of the United States.
They could also be any company, association, partnership, joint stock company, business trust, or a
proprietary organization formed under the laws of the United States or its states, territories,
properties or communities, or whose headquarter of business is in the United States [2]. Moreover,
the FCPA applies to the officers, directors, employees, agents, and shareholders of the issuers and
domestic concerns.
The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) share the
power to
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Wal Mart 's Domestic Corrupt Practices Act
The first Wal–Mart was opened on July 2, 1962 in Rogers Arkansas. Wal–Mart since then has now
opened their stores in 27 different countries outside the United States. Walmart has had problems in
their business. One of the major problems Walmart has had is it's low wages to their employees.
Another problem is Wal–Mart has violated the Foreign Corrupt Practices Act which has caused them
to pay millions of dollars. Last of all, in recent studies it has shown that were a Walmart is build has
a correlation with crimes. Walmart has had questionable ethical business practices in their stores.
Low wages and the insurance coverage at Walmart locations have been a problem. "A report from
the National Employment Law Project states that the low prices at Walmart provided to the
customers have a hidden cost to the workers"(Jamieson). To have Walmart's low prices and still
have a profit they have to pay low wages to their employees. It's low wages have an effect on all the
2.2 million workers Wal–Mart has.This makes it harder for their employees to buy food, housing
and to pay other necessary bills. "Walmart has lowered the wages the employees get by hiring
people that don't work for the company to do their work "(Jamieson). "The employees at Walmart do
hard work and most of their employees don't know about the workers right abuse. They don't know
where they can get compensation from the wrong things Walmart has been doing to them"
(Jamieson). This is a problem because if the employee
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The Consequences Of The Foreign Corrupt Practices Act?
In 1977, Congress passed the Foreign Corrupt Practices Act (FCPA), which makes it unlawful for
U.S. businesspersons or companies to pay, with money or anything else of value, to foreign officials
to secure beneficial contracts. The anti–bribery requirements of the FCPA have applied to all U.S.
persons since 1977. In 1998, certain amendments were revised and the anti–bribery requirements
now apply to foreign firms and persons who cause an act in continuance of bribery within the
United States. The government was attempting to restricted illegal behavior, which is why they
implemented the Foreign Corrupt Practices Act after the SEC discovered that over 400 companies
were sending corrupt payments to foreign government officials and ... Show more content on
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More than 30 percent of these businesses had lost overseas business due to the Act. Recent reports
have revealed that exports have actually improved in the areas that embrace corruption. Asia and
Africa have started to develop business as well. For example, the United States have been expanding
the oil market in Nigeria under this act (Deming, 2011).
The largest impact internationally has been the result of the awareness of the FCPA. Since the U.S.
government enacted the FCPA, it has raised awareness in foreign countries, many of which have
enforced their own anti–bribery laws and have also signed on to the Organization for Economic Co–
Operation and Development's (OECD) Anti–Bribery Convention to show their commitment to the
regulations of the anti–bribery laws. The OECD actually has no authority to enforce legislation and
relies on the member countries to regulate the anti–bribery law. Foreign companies who are
associated with U.S. markets and foreign government officials are now aware of the consequences
of violating the FCPA.
Those who violate the FCPA are subject to civil and criminal penalties. This includes but is not
limited to fines and imprisonment. The Department of Justice is responsible for enforcing the
criminal penalties. Civil penalties; depending on the authority given under the FCPA, are enforced
by both the Department of Justice and the SEC. The DOJ prosecutes against anti–bribery violators
by domestic concerns and under territorial jurisdiction.
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Topic. The World Bank Uses A Multitude Of Corrupt Policies
Topic
The World Bank uses a multitude of corrupt policies and economic and social ordinances that
ultimately harm those who are under them and more specifically the Third World. Despite initial
intentions of positive social and economic change, the World Bank uses its influence as a powerful
corporation to falsify the aid given to those who need it most.
Tentative Thesis Statement
We want to believe that human nature innately wants to do good, to change the world and save the
lives of thousands, yet this is more than often not the case. When an institution gains enough power
in a capitalist society, it will eventually succumb to immense corruption that damages those that it
had initially intended to assist. The World Bank is used as the ... Show more content on
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I.e. "The total amount of loans stolen in Indonesia to be more than $8 million" (Weaver 127).
Sub–point 3: IFI's: International Financial Institutions
Three Main Sources
Harriss, John. Depoliticizing Development: The World Bank and Social Capital. New Delhi:
Leftword, 2001. Print.
This novel analyses the perspective of The World Bank from its initial belief that 'social connections'
are the 'missing link' in international development. This notion of 'social capital' has strongly been
pushed by The World Bank, a concept that ultimately only obscures politics and power. It came to
light through early influences such as Putnam, "Robert Putnam (...) claimed to have demonstrated
there are strong casual connections between the existence of 'civic engagement' (...) and outcomes
that can be labelled as 'good governance'. (Harriss 113). As, most western ideals there is the decision
between 'us and them' or 'civil and uncivil', The World Bank's looks at Third World Countries with
an 'uncivil lens' that would therefore justify the introjection of a third party to 'aid' said countries.
Ultimately, Harriss believes in the 'de–politicization of development' and essentially deconstructing
class and power systems to benefit society. This is important to my essay as it challenges the
political failures of The World Bank.
Toussaint, Eric. The World Bank: A Critical Primer, Pluto, 2008.
This book exposes the truth about The World Bank's subsidiaries.
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William Shakespeare 's Hamlet
In Shakespeare's play Hamlet, a corrupt and chaotic world is illustrated through the through the
portrayal of contrasting realms, the interior and exterior. Within in the play, Shakespeare illustrates
the story of a Danish prince, Hamlet, whose uncle murders the Hamlet's father, marries his mother,
and claims the throne leading to Hamlet's journey to avenge his father all coinciding with in the city
of Elsinore. Simultaneously with Hamlet's journey Shakespeare juxtaposes a seemingly healthy
exterior concealing an interior sickens of not only the people of Elsinore but the castle surrounding
Elsinore itself. This reoccurring motif embodies the play with a duplicit nature, one of concealed
evil and disease that continually reminds us that, in both a specific and a broader sense, "Something
is rotten in the state of Denmark" (I.i.4). This construct is exemplified through an established
dichotomy of interior and exterior thematic perceptions of health from the physical setting to the
characters in the Hamlet, overarching the theme of corruption to further shed light on the duplicit
nature of society thus providing support for the unveiling of the truth cultivate a better
understanding of how to act within society and overall lead to greater benefits for society as a
whole.
Corruption in the context of Hamlet, first appears in the play's introduction. Shakespeare begins
Hamlet by describing Elsinore and Denmark as a whole. The seemingly simple setting brings more
to the play
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Essay about Foreign Corrupt Practices Act
With the ever expanding global market, the ways Americans conduct business in other countries is
one that can conflict with our laws and culture. There are many cultures that don't eat certain foods
or drinks due to religious practice, for example. Then there are laws that can conflict the way we as
Americans proceed with business in foreign countries. Many countries don't have laws that help
curve gender discrimination as well which can create problems for American women working
overseas on behalf of an American company. As United States continues to make is mark on the
global economy, there are laws that help protect not only our companies, but also other companies
through out the world as well.
The Foreign Corrupt Practices Act ... Show more content on Helpwriting.net ...
Also, all companies must implement an accounting system that provides "reasonable assurance" that
all transactions entered are accounted and legal. Any person making false statements or altering
accounting books will be in violation of the law. This part of the law was writing to help with the
detecting of bribery. This is also something that was done in the past, where higher officials in a
company would either force or pay an accountant to make false accounts in the books.
The Foreign Corrupt Practices Act changes the way business is done in the global market because it
levels the playing field for other competitors who are vying to make their mark in other developing
countries. It also affects the way other countries conduct business as well. Since the introduction of
this act, many countries have adopted similar laws as well. In 1997, the Organization for Economic
Cooperation and Development signed a treaty that made bribery of foreign officials a serious crime.
This treaty improves the way business is conducted globally and also levels the playing field for US
businesspersons.
As of recently, even United Kingdom's Serious Fraud Office changes how they will prosecute
officers who violates these laws, even enforcing the companies to self–report such violations (
Corporate Counsel).
Any company or individual who
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Corruption and Bribery
Corruption and Bribery
April 29, 2015
Abstract
In this paper, I will be writing about corruption and bribery. I will define the terms and go on to
explain the regulations that have been put in place to stop corruption and bribery. I will then go on to
give examples of major corruption and bribery scandals that companies have recently been in and
what has been done to punish said companies for their crime.
Intro
Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior
especially by powerful people (such as government officials or police officers), the act of corrupting
someone or something, and something that has been changed from its original form". (Merriam–
Webster) Bribery ... Show more content on Helpwriting.net ...
This states that countries agreed to help out countries in need if they are under a new government
with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK
Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being
bribed, the bribery of a public official, and the failure of an organization to stop bribery are
punishable under law through the act. It states that the criminal can do a maximum of ten years in
prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations
in the UK; it also punishes organizations that have any link to that country with a universal
jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect
companies that are in a global market that do business with countries that partake in such activities.
Like the UK, the United States of America also has laws regarding bribery and corruption. This is
the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The
first being accounting transparency requirements from the Securities Exchange Act of 1934 and the
other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying
bribes to foreign
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Foreign Corrupt Practices
The Foreign Corrupt Practices Act There are many organizations in the United States who lead
business with firms everywhere throughout the world. This is the way the world is developing with
different markets to be beneficial and manage their organizations above water. Be that as it may, not
every one of the organizations have legitimate business morals which can be an issue while working
together between the US and outside organizations who don't have any points of confinement to
their business laws. "For example, in many foreign countries side payments to government officials
for an exchange of a favorable business contract are not unusual." (Hollowell &Miller, 2011, pg.
22). Because of the broad measures of these sorts of action, congress ... Show more content on
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(USDOJ, Fpca, Web. 2011). As expressed on the US Bureau of Equity site, "the US Congress got to
be distinctly worried that American organizations were working off guard contrasted with remote
organizations who routinely paid fixes and, in a few nations, were allowed to deduct the cost of such
rewards as operational expense on their charges". ("Lay Person's Guide" Foreign Corrupt Practice.
Antibribery Provisions. Justice.gov.
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Bribery And Ethics Of The United States
Bribery and Ethics
Sarah A. Rowe
Campbellsville University
Abstract Bribery has become a common term in the corporate world, specifically when international
business deals are discussed. Until 1977, it was legal in the United States to bribe foreign officials in
order to receive preference or a better business deal. But, the passing of the Foreign Corruption
Practices Act of 1977 and its subsequent amendments made it a criminal act for any organization
within the U.S. or foreign organization doing business in the United States, to practice any form of
bribery and also required the President of the United States to engage other nations in creating
similar laws. Since, many nations have chosen to band together against bribery and have formed the
Organization for Economic Cooperation and Development that ultimately created the Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions. This now
makes it illegal to practice bribery in any of the countries that are part of this organization. While the
United States and the world has come a long way in stamping out bribery, there are still some
organizations that think they can get away with it but end up with massive fines and prison time.
But, with so many nations banding together, one can still be hopeful for a world in which we can do
business ethically with other ethical businesses around the world. Bribery and Ethics
Bribery of foreign public officials is something
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Foreign Corrupt Practices Act :
Shivangi Patel
LAW 110 – MO1
Vincent Petraro
Foreign Corrupt Practices Act
Foreign Corrupt Practices Act was introduced in 1977.It was made effective from December
19, 1977. Foreign Corrupt Practices Act applies to all citizen of United State and certain foreign
issuers of security and foreign companies. The Minor changes were made in the year 1988 and in
1998.Foreign Corrupt Practices Act has two main Provision (a)Accounting Transparency under
Securities Exchange Commission, 1934. (b)Bribery of Foreign Officials.
Department of Justice (DOJ)and Securities Exchange Commission(SEC) are responsible for
enforcement of Foreign Corrupt Practices Act. Powerful influence of both Department of
Justice and Securities Exchange Commission ... Show more content on Helpwriting.net ...
However, due to enforcement of Foreign Corrupt Practices Act, the US exports decreased which
also resulted in decrease of Foreign Direct Investment because
Foreign Corrupt Practices Act discourages firms from investing in foreign markets. Companies
engaging in mergers and acquisition in emerging markets face uniquely increased level of regulatory
and corruption risk.
This is mainly due to three reasons:
1) In many foreign countries, informal payments substitute for formal economic institutions familiar
to enforcement officials in developed countries, implying that on formal payments reduce US
companies access to foreign economic institutions.
2) Foreign Corrupt Practices Act enforcement imposes direct cost on international investment
through fines. Profit disgorgement, and reputational degradation that occurs when companies are
targeted by Department of Justice and Securities Exchange Commission. Also, agencies possess
enormous scope while deciding which payments are to be classified as bribes.
3) The lack of clarity of informal payments which triggers increase in legal defense, and due
diligence spending by US multinational it raises the cost of investing in the foreign markets. To
compete in global markets US firms were trying to subvert anti–bribery legislation. They can
substitute financial contribution for hiring additional labors. Thus, they would reduce capital– to–
labor–ratio. American firms
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Foreign Corrupt Practices Act
The impact the Foreign Corrupt Practices Act had on society was pleasant since it restored buyer
confidence in the United States and restored the integrity of the United States market by
implementing honesty in transactions. Yet it imposed too many disadvantages for the economy and
corporations. The Foreign Corrupt Practices Act focuses on large fraudulent payments made by a
business, therefore anyone involved in the financial, accounting, and executive department are
impacted the most. Other major stakeholders affected include the board of directors, shareholders,
employees, government officials involved, and foreign officials or foreign companies involved.
Everyone is affected because the codes of conduct, and the companies' values needed ... Show more
content on Helpwriting.net ...
The government just wants business overseas to be conducted the ethical way, which is admirable.
Due to the fact that this law is regulatory and pervasive, it does improve the integrity of businesses
in the United States, and the overall truthfulness of the market. Of course, it is not as welcomed by
the business world as much as the government would like, but it makes companies righteous.
Virtuous companies after all make the most money in the long run due to loyal customers because of
their respectable ways. In a sense the Foreign Corrupt Practices Act improved the business world
and society by requiring companies to assert more corporate governance, and by "strengthening the
system of corporate accountability while thereby reducing the number of questionable payments and
practices" ("Impact of Foreign Corrupt Practices Act on U.S. Business", 1981, p.17). Not to
mention, Aristotle argues that justice is a matter of "giving each person what they deserve" (Sandel,
2009, p.187). If companies are in violation of corrupt actions then they should be held accountable
because that is part of corporate responsibility. Therefore, the impact the law has on guilty
businesses is expected, but the overall impact it had on the entire U.S market including those who
were innocent of such actions is
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Walmart And Its Effect On The Workplace
The first Walmart was opened on July 2, 1962 in Rogers Arkansas. Walmart has now spread to 27
different countries outside the United States. Walmart has had problems in their business. One of the
major problems Walmart has, is it's low wages to their employees. Another problem is Walmart has
violated the Foreign Corrupt Practices Act which has caused them to pay millions of dollars. Last of
all, in recent studies it has shown that were a Walmart is build have a correlation with crimes.
Walmart has had questionable ethical business practices in their stores.
Low wages and insurance coverage at Walmart locations have been a problem. "A report from the
National Employment Law Project states that the low prices at Walmart provided to the customers
have a hidden cost to the workers"(Jamieson). To have Walmart's low prices and still have a profit
they have to pay low wages to their employees. It's low wages have an effect on all the 2.2 million
workers Walmart has.This makes it harder for their employees to buy food, housing and to pay other
necessary bills. "Walmart has lowered the wages the employees get by hiring people that don't work
for the company to do their work "(Jamieson). "The employees at Walmart do hard work and most
of their employees don't know about the workers right abuse. They also don't know where they can
get compensation from the wrong things Walmart has been doing to them"(Jamieson). This is a
problem because if the employee doesn't know about this law,
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The Discourse Of The Endemic Grand Corruption
The discourse of the endemic grand corruption in Nigeria is inadequate without a critical scrutiny of
the roles played by the multinational companies (MNCs) in facilitating and sustaining grand
corruption. Scholars argue that companies, especially multinationals, are the biggest perpetrators
using a sophisticated network of notional companies and corporate structure to facilitate corrupt
practices in developing countries. In essence, grand corruption in Nigeria is to a large extent
sustained by the involvement and collusion of multinational corporations operating within and
outside Nigeria. The quest for global expansion, global competition and profit maximisation
underscores the multinational corporations' exploitation of the vulnerable endemic corrupt
administrations in Africa by offering huge bribes. Leslie Wayne states that 'as business has gone
global, so has graft, particularly as companies in rich nations push into poorer regions'. The World
Bank estimates that about $1 trillion in bribes is paid annually to government officials. Jeffrey M.
Kaplan, a U.S lawyer who specialises in cases brought under the Foreign Corrupt Act, comments
that 'you are talking about millions of dollars going to dictators who are selling their national
patrimony in countries where you cannot even get clean water'. Kaplan argues, 'bribery is endemic
to the human condition. If it cannot be rooted out, then you need to do something, and the FCPA, is
that'. This underscores why proper
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Morality of Bribes
Bribes and Morality Machiavelli (1882), in writing of cruelty and clemency asks the question of
whether it is better to be loved or feared and asserts that both are best. Machiavelli (1882) justifies
this conclusion by saying that people are fickle. They will pledge their lives when danger is distant
and benefits are high, but desert those to whom they pledge their lives when danger is imminent.
The person who places love above all else is in danger during times of crisis. Conversely, men are
careful not to offend those they fear, because they fear the punishment and are more likely to remain
true to their pledge. There is a caution in this assertion to know the difference between fear and
hatred and the recommendation is to be ... Show more content on Helpwriting.net ...
There is no compelling force, other than a sense of morality to encourage organizations to admit
paying a bribe. Using the rule of prima facie, even the FACP allows payment of bribes under certain
conditions; grease payment, for example are allowed. Thus making both the payment and the
admission purely subjective with no clear indication as to who is right or wrong except within the
legal provisions of the law. Ethicality of Bribes Looking at bribes from the perspective of
Machiavelli (1882), bribes are required to protect the people of the country. This protection takes
two forms, first to protect the people from outsiders and second as a power lever against the
organization paying the bribe. The solicitor of the bribe gains power over the organization. Power
manifested in other demands that, if not met, will result in disclosure of the bribe, a threat that, if
made true, would result in prosecution of the one paying the bribe. The one demanding the bribe
faces no such fear since the legislation's power is in prosecuting the payer, not the payee. Looking at
bribes from the perspective of Pastin and Hooker (1980), prosecution of the one paying a bribe does
very little to address the issue of corruption since the payer is the one subject to legislation. As long
as the one demanding the bribe is not subject to prosecution, the request for bribes will not diminish
and organizations will simply not
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Foreign Corrupt Practices Act :
Running Head: FOREIGN CORRUPT PRACTICES ACT 1
FOREIGN CORRUPT PRACTICES ACT
BUSINESS LAW
Katherine Hall–Blair
Keiser University
FOREIGN CORRUPT PRACTICES ACT 2
FOREIGN CORRUPT PRACTICES ACT
In the face of improper payments to officials abroad, the United States introduced the Foreign
Corrupt Practices Act (FCPA) of 1977. This act was a pioneer step for the government of the United
States to combat illegal bribes by not only U.S. companies, but overseas companies as well. Other
countries have now taken note and apply their own laws (1). It began with the Watergate scandal and
an investigation into then–President Nixon's re–election campaign contributions. It was discovered
that hundreds of U.S. corporations held large cash slush funds, which the Securities Exchange
Commission (SEC) determined were destined to be paid out as bribes to foreign officials as
hundreds of millions had already been spent for that same reason (1). Even though some European
countries held that bribing officials was legal, in fact, an expense that could be reported and
deducted on corporate tax returns, the Congress of the United States passed, in 1977, the Foreign
Corrupt Practices Act (FCPA)(1). This act was intended to stop the bribing of foreign officials in
order to obtain or retain business and reached all U.S. publicly traded companies, along with their
directors, officers, managers, employees, agents, and stockholders (2). Amendments
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Laundering Act 2010 Of Britain, Canada And China
Sentence guildline in Britain, Canada and China
Since 2003, more than one hundred countries have signed on the United Nations Convention
Against Corruption . Moreover, to eliminate corruption has become a common action in countries
around the world. To this end, all countries have gone on in the unremitting exploration and
achieved good results. Since the company thinks about going in the market of Britain, Canada and
China, therefore, it is necessary for the company to know about the sentence guideline of them. In
the following essay, it will talk about the sentence guildline of foreign corruption in Britain, Canada
and China.
The Bribery Act 2010 of Britain
As far as Britain is concrned, the Bribery Act 2010 should be highly alerted, ... Show more content
on Helpwriting.net ...
But compared with Foreign Corrupt Practices Act, the new bill rules more strictly, involving in a
wider range. At present, many multinational companies are starting to view Bribery Act 2010 as the
international anti–corruption standard they must reach.
Moreover, the biggest bright spot of Bribery Act 2010 is to set up two new crimes, the bribery of
foreign public officials and strict liability of the company who does not prevent bribery. According
to the act, to bribe the individual who is in British foreign legislative, executive or judicial position,
or to exercise any public function or as a public international organization agent, will all be
committed a crime as bribery of foreign public officials. Also, it put forward some new legal
requirements. As far as Prevention of Bribery of Negligence is concerned, it is a new charge created
by the act. Besides, it is set against the establishment of the company, which points out that if the
company 's employees, subsidiaries, offices and even other third party implement bribery for the
company's interests, no matter these actions are taken in the United Kingdom or abroad, the
company will be charged, even if it is not involved or has no idea of this(Mukwiri, 2015).
In addition, due to the new act, when a foreign company conducts business in the United Kingdom,
if its agents, employees or affiliates are caught in bribery or corruption anywhere in the world, the
company have to bear criminal
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Facilitating Payments And Its Complications During Foreign...
Facilitating Payments and its Complications in Foreign Corrupt Practice Act
In all professional practices, engineers often have to face various ethical dilemmas. Under the OSH
(Occupational Safety and Health Administration) Act, employers are required to provide a safe and
healthy workplace while complying with all applicable OSHA standards. However, such standards
and regulations are not always abided by the industries, especially in areas where corruption is
common. Engineers are often faced with difficult moral decisions. There are conflicts between
engineers' ethical obligations, "Engineers shall avoid deceptive acts, conduct themselves honorably,
responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the
profession," and their obligation to remain as "faithful agents or trustees" for their employers and
clients. In this paper I will discuss engineers' obligations to their company, the ethical aspect of
bribery, and problematic cases involving "facilitating payments".
Firstly, I want to discuss engineers' ethical obligations as an employee. Engineers are hired and
compensated for their work as employees. Thus, they have moral obligations to remain loyal and act
as faithful trustees for their employers. Those obligations include engineers' duty to act with honesty
and integrity to the highest standards. For example, engineers are ethically required to work with
reasonable care and skill at all time. They are compelled to inform
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Case Analysis Corruption in China
Case: Coping with Corruption in Trading with China.
Corporations across the globe deal in international business practices every day. When a company
must to do business in countries with a high level of corruption, a company should have a plan that
helps to maintain control over a key piece of intellectual property or some production process
component that allows company to maintain power in the relationship.
Most of these processes and practices are legal and ethical, following the laws and regulations of
various international governments. Some of these practices are just the opposite, illegal in eye of
American company but viewed acceptable in other cultures. Many countries are involved in bribery
which makes many American companies ... Show more content on Helpwriting.net ...
In this category all the Requests of Chinese trading officials fall into this category Allocating money
for CIB inspector trip that are not required by law that inspection must be made in person and I
believe this could be a violation of a subornation. All other examples of briberies and purchasing a
certificate on a black market are examples of subornation. Elimination competition by paying
money to the government so the other company would not enter the market is also a great example
of subornation
Which of the payments, favors or bribes are illegal under the FCPA?
Anyone found guilty of knowingly participating in or authorizing the payment of a bribe can be high
penalized under the Foreign Corrupt Practices Act. United States publicly traded companies have
been liable to the FCPA since 1977. The anti–bribery provision of the act makes it unlawful to bribe
even a penny because the act focuses on the intent to bribe, rather than the materiality of it ''the anti–
bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of
securities, to make a payment to a foreign official for the purpose of obtaining or retaining business
for or with, or directing business to, any person. Since 1998, they also apply to foreign firms and
persons who take any act in furtherance of such a corrupt payment while in the United States" From
the research I conducted, many executives in the United States feel that the stipulations within the
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12dovs
Siemens Bribery Scandal
In December 2008 Siemens, the large German electronics firm, agreed to pay $1.6 billion in fines to
settle legal suits bought by the U.S. and German governments. The governments asserted that
Siemens had used bribes to win business in countries around the world. These were the largest fines
ever levied against a company for bribes, reflecting the scale of the problem at Siemens. Since 1999,
the company had apparently paid some $1.4 billion in bribes. In Bangladesh, Siemens paid $5
million to the son of the prime minister to win a mobile phone contract. In Nigeria, it paid $12.7
million to various officials to win government telecommunications contracts. In Argentina, Siemens
paid at least $40 million in bribes ... Show more content on Helpwriting.net ...
In justifying this behavior, one former Siemens employee stated, "It was about keeping the business
alive and not jeopardizing thousands of jobs overnight." But the practice left behind angry
competitors who were shut out of contracts and local residents in poor countries who paid too much
for government services because of rigged deals. Also, by engaging in bribery, Siemens helped to
foster a culture of corruption in those countries where it made illegal payouts. During this time
period, in a cynical move, Siemens put in place a formal process for monitoring payments to make
sure that no illegal payments were made. Senior executives even made some of the individuals
responsible for managing the bribery funds sign compliance forms stating that they had not engaged
in any such activity, while knowing full well that this was not the case. This scheme began to
collapse at Siemens when investigators in several countries began to examine suspicious
transactions. Prosecutors in Italy, Liechtenstein, and Switzerland sent requests for help to
counterparts in Germany, providing a list of Siemens employees who were implicated in making
illegal payments. In late 2006 the German police acted, raiding the company, seizing data, and
arresting several executives. Shortly afterward, the United States started to look into these charges.
Since Siemens had a listing on the New
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Impact Of The Foreign Corrupt Practices Act
Impacts of the Foreign Corrupt Practices Act
Some would say that in order to accomplish global corporate success, and growth, one must "work"
the system to their advantage. In the 1970's there was an increased awareness of illicit payments
used to bribe foreign governments. Several headlines had shaped the U.S. government's concern;
acting as a catalyst for the development and establishment of the Foreign Corrupt Practices Act. This
Act, even to this day, is recognized for its purpose of prohibiting the practice of corrupt actions
associated with the U.S. While widely recognized in the American business market, due to its
impact nationally as well as internationally, its "real" significance in U.S. commerce has been
criticized. As those ... Show more content on Helpwriting.net ...
Take for example, the Northrop Corporation paid foreign agents cash commissions, which were
passed along to officials in Saudi Arabia, NATO, and the Common Market countries (Vanasco). In
fact, it was this scandal, among another 400 U.S. Securities and Exchange Commission (SEC)
investigations, which threatened U.S. foreign policy and paved way for the FPCA.
The US was the first country to actively regulate such legislation on foreign trade, international law,
and code of ethics. The idea of the FPCA was to eliminate these acts of corporate corruption.
Corruption is caused by the act of abusing either a public or private office for personal gain
(CleanGovBiz). Furthermore, the effects of corruption in which is imposed on the economic,
political and social development of society has facilitated to the evolution of this Act. All around, it
can be argued that corruption inflicts a threat on the sustainable development as well as economies
alike (CleanGovBiz). Essentially, this Act is an anti–bribery act which makes it unlawful and
prohibits all U.S. personal and certain foreign issuers of securities, foreign firms, and persons from
making these corrupt payments within the U.S. or within its territories. The Foreign Corrupt
Practices Act highlights the national need for effective and adequate internal control systems to
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Bribery
Bryan Jaeger
Business and Ethics
UI400–01
April 20, 2015
International Business and Bribery Have you ever bribed someone to let you do something that you
weren't allowed to do? As much as I hate to admit to it, I have done it my fair share of times.
Bribery can be a good or bad thing depending on the situation and how the bribe is used. No matter
what I believe that bribery can usually lead to bad consequences. Though it can happen for just
small things such as slipping someone a 20 dollar bill to get you into a club, it can also happen in
big corporations that are involved in international business. If they are discovered by the
government these big companies will pretty much lose everything. For example, "In February of
1975, Eli ... Show more content on Helpwriting.net ...
Pretty much in simpler terms this is completely wrong and unjustified to comprise citizens' rights
just for some money or tax breaks. It is all about supply and demand with corporations and
government officials. Corruption also has its supply and demand side. The corporations are
supplying the bribes to get stuff cheaper for them and the officials of the government are demanding
these bribes because they are greedy. The problem with this whole thing is every attempt the
government makes they only are able to attack one side of the corruption. Every time they come out
with a new law or a new act it is only focused on one side of the problem. According to Hess and
Dunfee, "An effective anticorruption system requires a variety of measures attacking all sides"
(Arnold, Beauchamp, and Bowie 577). They have to fight it from both sides are it will surely fail.
Even if the corporations stopped supplying the bribes the government officials would demand them
to continue because they enjoy the benefits of bribes. On the other hand if the government officials
tried to stop demanding bribes, the corporations would just increase their bribes to get them to
continue to take them. This overall corruption between government officials and corporations are
hurting human rights. Throughout the world there are a lot of international human rights
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Week 5 Reflection Paper
Learning Team Reflection
Andre Parker, Kellie Baker, Michael Wheeler and Jeffery Stewart
LAW/531
June 16, 2013
Erikka Hise
The Foreign Corrupt Practices Act This assignment instructed us to read four articles concerning
Legal Issues in International and Domestic Business Foreign Corrupt Practices Act. Within this
assignment it discussed the crisis in corporation's unethical practices. The Foreign Corrupt Practices
Act of 1977 sparked the argument that United States companies are disadvantaged in international
markets. The act has been controversial since its enactment, with some critics attacking it as
ineffective and the American business community complaining that it places U.S. enterprises at ...
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Civil lawsuits can also cause problems with a company's director and officer insurance coverage.
Most policies in some organizations will not cover FCPA civil penalties awarded against officers,
directors, and or employees of a company. Klein and Aguilar (2010), Stuart says FCPA programs
must also consider how the company does business in different regions, so its controls address
specific practices and operations in those regions, and aren't just generic controls that apply (with
mixed results) worldwide. I agree that the FCPA should consider the region and nature of individual
businesses. Every need of any company or operation will never be alike. Conclusion Nevertheless,
we believe most companies would be judicious to distribute their funds into strategic compliance
planning. According to "Compliance Planning" (n.d.), compliance planning are any individual or
individuals providing services and submitting a claim for payment by the federal government must
be alert to the potential for liability stemming from an inappropriately submitted claim. The federal
government has the authority to investigate the claim's propriety and the authority to impose
sanctions in which an investigation finds fault with a claim, ranging from a possibly inadvertent
mistake to a determination that the claim was fraudulently
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A Traveler's Guide to Gifts and Bribes
Financial Management Policy
Professor: Ms. Gleason
A Traveler's Guide to Gifts and Bribes
Harvard Business Review
Why might bribery become a problem for U.S. managers working in foreign countries?
The FCPA was structured to help U.S. companies understand what bribery is, and what is or is not
acceptable behavior at home and in other countries. The confusing issue is that even with this
guidance, it is not always clear what exactly is to be considered a bribe. Under the Act, not all
payments are deemed to be bribes. FCPA doesn't forbid payments to lesser figures, it allows bribes
to facilitate ongoing business activities, as there is no monetary guideline it requires companies to
keep reasonable records of the transaction. Brides given ... Show more content on Helpwriting.net ...
When the U.S. stood completely alone in its legislative quest to curtail foreign bribery, the
catastrophic scenario did not materialize. "As the Government Accountability Office (GAO) noted
four years after the implementation of the FCPA in a study called the Impact of the Foreign Corrupt
Practices Act on U.S. Business; claims that U.S. companies have lost sales...are difficult, if not
impossible, to substantiate and quantify" (Graham, 1984). Further, a paper published in the Journal
of International Business used published data to test the competitive disadvantage theory and found
that "the FCPA had not negatively affected the competitive position of American industry in the
world marketplace" (Graham, 1984). Even then, when the American industry was the only one
worldwide facing these kinds of restrictions, anti–bribery laws did not negatively impact their export
performance or market share.
In today's world, several markets where such an act may exist may provide a competitive
disadvantage include those of China, the Middle East, Africa, and other emerging markets. This is in
part due to the lack of similar laws in these markets and tradition based business practices where
bribery, gratitude, or gift given is a norm. "Unfortunately, in the context of China, this has the
potential to place American companies in a position where they must decide
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Essay Case
Hong Le
4/11/2013
MGMT 4670
Prof. Damkar
Written Response #1 1. What systems make up the political economy? What is the relationship of
these systems?
Political economy is made up of political systems, economic systems and legal systems of a country.
The political, economic, legal systems can have a profound impact on the level of the economic
development in a country and hence the attractiveness of a country and its potential as a trading
partner or host for a foreign direct investment. 2. There are two types of violation of property rights:
public actions and private actions. Who commits private action violations and what do they involve?
Who commits public action violations and what do they involve?
Private action ... Show more content on Helpwriting.net ...
The economic condition of Nigeria has been damaged due to conflict among several competing
ethnic, tribal and religious group has limited political stability and led to political strife. As per
United Nations, Nigeria has low human development because of the high number of illiteracy
among adult population and also due to low life expectancy rate.
2. How did Nigerian military dictator Sani Abacha violate the property rights of the people of
Nigeria? What were some of the results of this public action violation?
Sani Abacha used 25% of the federal budget of Nigeria for his personal use (property right). He did
that by setting up trust funds scams like Petroleum Trust Fund. In order to keep his scams going he
had to pay political leaders (public action violations) some of the money so that they won't say
anything. The results of these violations were that they were just wasting all there natural resources
and became one of the poorest country in the world. 3. Based on this case and what we discussed in
class, what is the relationship of corruption, a public action violation, on economic development? I
think corruption and public actions violations have direct impact on a country's development. If
public officials are corrupt, then they will only think of ways in which they can benefit themselves
instead of ways to help in country's progress. 4. What explains the high level of corruption at
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Essay on The Shakedown
Case Analysis: The Shakedown
I. Introduction
This case portrays the widely propagated and accepted phenomena of bribes and corruption in
developing countries. Specifically how it affects every sector of the Ukrainian society, therefore
making it difficult for the American investors to establish companies there and to prosper solely on
doing good business. The case describes the types of obstacles and ethical dilemmas being created
for the investors as a result of bribery and extortion.
Situation
In analyzing these issues, we will first present a brief introduction to the situation.
Mr. Pavlo Zhuk, a young, but already well established, entrepreneur from California, is faced with a
difficult ethical business decision concerning ... Show more content on Helpwriting.net ...
Zhuk was born into a comfortable life in California watching parents who eagerly modeled
American values, was educated at the best American schools, worked for the best American
technology firms, and thus learned and was comfortable with conducting business the American
way.
Zhuk did a poor job recognizing these differences within himself and the environment in Kiev. In
Unit 2 of our management course one of the topics discussed was cultural differences and IQ, Zhuk
made the ill–founded assumption that because his lineage traced back to Ukraine, he was connected
to and understood the business environment. He couldn't have been more wrong.
It is only reasonable that any investor interested in starting a company in a developing nation to
research and investigate the business landscape in such an unfamiliar terrain before opening up
operations there. This is beneficial, as it will provide the prospective investor with important
information about the business environment and practices. In particular, an investor should analyze
the labor market, examine the costs of founding a company and consider the possible business ethics
challenges. In our case, Zhuk needed to make certain his business strategy was in tune with the local
culture, business practices and laws in Ukraine.
Cultural Framework
Ukraine is just a different animal, and because of the cultural differences
... Get more on HelpWriting.net ...
Why The Old World: Corrupt And Wrongly Started
The old world is corrupt and wrongly led. There is always fighting going on and poverty. The New
Eden is led by the four greatest, most trustworthy leaders on this planet. No poverty, fighting, or
hate. The old world broke the citizens trust by lying about the most important things in life:
economy, other beings, and politics. The four leaders decided to start a new Eden to give the citizens
what they all wanted, the truth. The New Eden hides no facts from its citizens. This society will be
different by actually helping the planet, no pollution, no forced propaganda, harsh rules and
consequences on crime, and the freedom to do what each citizen wants too. This society will have
one same characteristic as the old one, freedom. The bill of rights
... Get more on HelpWriting.net ...
Corruption : A Great Distress Business Industry
When first hearing the words bribery, extortion, lubrication and subornation, one might first think of
money or ways of getting more of what you ant for a cost. Corrupt practices in business transactions
are a great distress business industry, especially when it becomes the international business market.
These corrupt practices include bribery, extortion, lubrication and subordination. Extortion,
lubrication and subordination are different variations of bribery. Money in today's society is what
keeps the world running in most cases. Bribery first came about in the fourteenth century by the
works of Chaucer and his contemporaries (Quinion, 1). In the fourteenth century the worst often
offenders were judges and public officials, who exhorted ... Show more content on Helpwriting.net
...
Bribery can most simply be described as money being voluntarily offered by someone seeking an
unlawful advantage (Gilly, 152). It wasn't until the 1970s, when bribery became a national issue
with public disclosure of political payoffs to foreign recipients by U.S. firms. Most cultures seem to
be more open to bribery, but in the United States, they are disdainful to these practices now. The
words extortion, lubrication and subornation often can be grouped under the term bribery out of
ignorance, even though they are, in fact, unalike (Gilly, 152). The difference between bribery and
extortion can be described as bribery is from an offer to someone else, while extortion is a demand
for payment. One example of bribery, which happens quite frequently, would be a restaurant or food
industry offering a bribe to the health inspector to ignore health regulations the restaurant may be
violating (Digh, 90). The health inspector may see issues violating health code that could affect the
consumers, but as the restaurant owner slips a one hundred dollar bill under the table to him, he then
may "ignore" these obvious violations. Another example of bribery, which is used almost everyday,
would be to offer money or a gift to be moved higher on a waiting list for a restaurant. This bribe is
often little, but in most cases restaurant hostesses are not allowed to accept these bribes or
... Get more on HelpWriting.net ...

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Foreign Corrupt Practices Act Essay Examples

  • 1. Foreign Corrupt Practices Act Essay examples Foreign Corrupt Practices Act In today's ever changing and competitive modern world of business, it is critical for the companies to have activities internationally. In order to prohibit frauds and illegal activities, several acts and documents have been elaborated. One of the documents is Foreign Corrupt Practices Act that has been enacted in the 1970's, as a result of SEC investigation of several U.S. companies that made illegal payments to foreign governmental officials, politicians, and political parties (Barnes 73). The FCPA had a critical impact on the way U.S. firms do business. Companies that did not comply with FCPA have been subject of criminal and civil enforcement actions that later resulted in huge fines and sentences for ... Show more content on Helpwriting.net ... However, not all companies succeed to comply with all regulation, even though apparently it looks that all operations are lawful. For instance, United States vs. Kay case, No. 05–20604, 2007 U.S. could lead to broader enforcement actions under the FCPA ("FCPA Gets Broader Reach"). The company President (Douglas Murphy) and Vice President for Caribbean Operations (David Kay) at American Rice, Inc. took several steps in order to reduce sales and taxes costs to rice exported to Haiti. Even though their actions included paying officials to resolve tax issues, underreporting imports to reduce duties and taxes, paying officials to accept the underreporting, the district court granted a motion to dismiss the indictment, holding that the scope of FCPA did not extend to paying foreign officials for the purpose of reducing taxes. In contrast, the court of appeal reversed in United States vs. Kay, holding that bribes paid to foreign officials in consideration for unlawful evasion of sales taxes fall within FCPA. As a result, the jury found Kay and Murphy guilty of violating the FCPA by paying foreign officials to retain their business in Haiti ("FCPA Gets Broader Reach"). Moreover, the court rejected defendants' argument that its interpretation of the FCPA extended criminal liability under the statute ... Get more on HelpWriting.net ...
  • 2.
  • 3. Corruption Effects of Corruption in Multinational Corporation's [Student name] [Professor's name] [Course title] [Date] Introduction Corruption can be defined as a spiritual or moral deviation from an ideal. Corruption come in different styles and that include bribery and funds embezzlement. Corruption has been the number one menace in many countries of the world. It impacts countries in many ways, impacting economy and development in a negative way. Corruption tends to raise the cost of government and may lower the rate of infrastructure growth. Most importantly, corruption has a negative impact on capitalism and foreign investment in that; it changes the environment which in turns affects decisions and actions. Corruption causes ... Show more content on Helpwriting.net ... Bureaucratic harassment such as the waiting time for a permit and statutory tax and tariff rates are other forms of corruption. Countries have different laws, making some actions viewed in our capitalistic society as inappropriate, to be appropriate in a socialism or communistic society. The Organization for Economic Cooperation and Development (OECD) defines corruption as "intentionally to offer, promise or give any undue pecuniary or other advantage....to a foreign public official...in order that the official act or refrain from acting in relation to the performance of official duties in order to obtain or retain business or other improper advantage in the conduct of international business" (Raeschke –Kessler & Gottwald, n.d.). This measure criminalizes bribery in international transactions, however, influence peddling (a practice in which undue advantage of giving, promising or selling of an undue advantage to a person who will sell their influence to the government) is not covered by OECD definition. An effect the U.S. Foreign Corrupt Practices Act (FCPA) of 1977 found that "United States direct investment in more corrupt countries grew more slowly than in other countries" (Wei, 2000). China is an interesting example. China is a large country with a vast supply of cheap labor. The country also has a great deal of rampant corruption. There has been a large amount of foreign ... Get more on HelpWriting.net ...
  • 4.
  • 5. Riordan Manufacturing Company: Review and Analysis Riordan Manufacturing Company: Review and Analysis Jennah Es–Sudan, Monica Malcom, Annie Willis and Yeong Yoo University Of Phoenix BUS/430 December 1, 2009 Riordan Manufacturing Company Review and Analysis The focus of this paper is to analysis the regulatory measures of Riordan Manufacturing. Riordan Manufacturing, Inc. is an industry leader in the field of plastic injection molding. With state–of–the art design capabilities, creating innovative plastic designs that have earned international acclaim. Attention to detail, extreme precision and enthusiastic quality control are the hallmarks of Riordan Manufacturing. With facilities in San Jose, California, Albany, Georgia, Pontiac, Michigan and ... Show more content on Helpwriting.net ... These intellectual properties included patents and trademarks. Unfortunately, nations are still struggling to adopt a consistent international legal system that governs the intellectual property. They often have restrictions which includes geographical/and field use limitations and customer restriction. The Paris Convention is a guarantee that in each signatory country, foreign trademark and patent application from other signatory countries will receive the same treatment. According to United States Patent and Trademark Offices (2009) a patent for an invention is the grant of a property right to the inventor. There were problems and drawbacks with this particular agreement so in 1970 the patent cooperation Treaty was adopted. This particular agreement addresses the centralized utility patent application process (Schaffer, Agusti, & Earle, 2009). A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others United States Patent and Trademark (2009). Riordan Manufacturing makes plastic products in the United States and decided to move the plant that makes Pontiac products to China. This was a way to produce goods cheaper than in the United States and enter the market international. When making this move into the international market Riordan Manufacturing has trademarks on their plastic bottles and other plastic products ... Get more on HelpWriting.net ...
  • 6.
  • 7. Baker Hughes: Foreign Corrupt Practices Act Study Questions 1. Describe the economic and social impact of bribes and other similar payments in emerging economics. In emerging economies, bribes and other similar payments have a negative impact. Such corruption, although appearing to provide short term growth, will not turn into long term growth. Corruption reduces the efficiencies of the operations of the market economy and a loss of direct foreign investment in countries where participation in corruption is how business is done. Politicians and government officials worldwide receive bribes valued between $20 billion and $40 billion annually. Companies that participate in bribing can face reputational damage and loss of investors. According to the World Bank, 0.5% of GDP is lost due to ... Show more content on Helpwriting.net ... Indirectly being involved is still a foreign corrupt practice. 6. Evaluate whether the changes in Exhibits 4 and 5 are likely to stop future foreign corrupt practices at Baker Hughes. Exhibits 4 and 5 are likely to help stop future foreign corrupt practices. To have a set of rules and expectations such as in Exhibit 4, the due diligence procedures, helps by leaving a paper trail. It is important to document the process of hiring a new agent, to make sure that you are complying with the FCPA. Exhibit 5 is also helpful because it is a reference point for anyone who may not be familiar with corruption in international business. To have a set of red flags that can be referenced, it can reduce employees just looking the other way and claiming they were not aware of the potential for corruption during a business deal. While neither of these will stop every occurrence of corrupt practices, having them in place will cause employees to think twice about engaging in such practices. If there is a standard for everyone to follow, it will also be easier to catch those that still decide to intentionally engage in foreign corrupt practices because they will be unable to say they did not know what was happening. 7. Discuss how the compliance and governance changes are likely to impact the future profits and shareholder value at Baker Hughes. Compliance and governance changes will be likely to increase future profits and shareholder value at ... Get more on HelpWriting.net ...
  • 8.
  • 9. Globalization And Globalization With the changes in the global economy, pegged with the advancement of technology, companies in the United States must reconsider their strategies to compete with international counterparts. It was only 50 years ago, a company in anywhere town, America could carve out space in a market for themselves and do well without a competitor in sight. Things have changed now and not is the threat of a Wal–Mart moving into your neighborhood a fear of the small to medium–sized company, international companies have also set their eyes on the United States. With as the leading consumer market with a 28% of the world's consumer market, nearly four times larger than distant second China, there is no wonder why any other country would want to penetrate the most lucrative market on the planet. This is owed to the growth of globalization and the expansion of technology into instruments beyond research, entertainment, and communication, and into the world of digital and cryptographic currency. What the global economy is beginning to realize is: there are still untapped markets where profits could be astronomical. Many developing countries are beginning to adopt practices and methods of developed countries on a smaller scale, with the help of technology. As the prevalence of new markets and a new form of currency grows, there is no doubt larger companies will be able to seize the opportunity to make in these markets. One should consider the following fragments and their stems that support ... Get more on HelpWriting.net ...
  • 10.
  • 11. International Bribery Regulation And The Bribery Act 2010 2.4 International Bribery Regulation and the Bribery Act 2010 2.4.1 Development of National and Transnational Ethics Regulations The development of national and international bribery legislation and regulation has been a slow process spanning many centuries, stemming from the recognition of Piracy as the first and true international crime (Duhaime's Law Dictionary, 2015). Although wide agreement exists on the detrimental impacts of bribery and corrupt practices, many individual countries and transnational industries (including that of civil engineering) fear implementation of tough anti–bribery legislation will cause unfair competitive disadvantages compared to their counterparts from countries where foreign bribery is not criminalised (OECD Observer, 2012). The first major push to implement anti–bribery legislation was taken by the United States with the Foreign Corrupt Practices Act (FCPA) 1977; this law made it illegal for certain classes of U.S. persons to make payments to foreign government officials to assist in obtaining or retaining business (U.S. Department of Justice, 2015). The broader development of ethics based law and regulation has developed primarily throughout the 20th century; particularly post 1950 when most of the worlds Inter Governmental Organisations (IGOs) had been established. Some of the most important IGOs in this area include the United Nations (UN), World Bank, World Economic Forum (WEF) and Organisations for Economic Co–operations and ... Get more on HelpWriting.net ...
  • 12.
  • 13. Main Provisions Of The Foreign Corrupt Policy Act This essay requires that I identify the main provisions of the the Foreign Corrupt Policy Act (FCPA) and then set forth the manner in which American businesses can comply with this act so as to compete with foreign businesses. The FCPA was enacted in 1977 during the term of President Jimmy Carter and is codified at 15 U.S.C. Sections 78–dd–1 et. seq.. During the 1970s the Security and Exchange Commission (SEC) commenced numerous investigations of American businesses and their questionable payments to foreign governmental officials. As a result of these investigations, the Foreign Corrupt Policy Act was proposed. The SEC is the equivalent to police departments, but for corporations. The FCPA was enacted as legislation so as to prevent American corporations from bribing foreign officials. All corporations who are listed and traded on the stock markets in the United States must comply with the reporting and accounting standards as required by the SEC. The FCPA has three main components. First it requires corporations to keep detailed books, records and accounts which accurately record corporate payments and transactions. Also, employees must create and manage a sufficient system of internal accounting controls. The second provision regards the bribery of foreign officials. Bribery refers to any gifts, offers, payment, or promise of payment. Even making a relatively small payment of $100 is a violation of the Act. It is also a violation to make a payment to a third party ... Get more on HelpWriting.net ...
  • 14.
  • 15. The Watergate Scandal International bribery is a highly important activity that occurs between corporations and governments. As a result of globalization the world has become far more interconnected and as a result of that interconnectedness it has become easier for corporations to engage in activities such as bribery or corruption. The video dicussed how corporations engage in bribery so that they can obtain jobs in the regions that they engage in business. As a result of globalization businesses have a greater capability of engaging in business around the world. Furthermore other than increasing their ability to engage in business, globalization also infleunces how the world views business. One of the core tenents to running a business is for a business to make money and to increase in size. As a result of that engaging in activities that increase a businesses capability to make money and increase its size is of great importance. Furthermore, as a result of that focus on increasing the sizes of businesses, globalization has furthered the spread of business. Globalization influences the world economically, ... Show more content on Helpwriting.net ... The video discussed how the United States began confronting corruption in the government as a result of bribery by making it illegal for United States corporations to engage in bribery. One of the major motives for such laws to forbid bribery was the Watergate Scandal, where President Nixon was reelected as a result of corporations using their corporate funds to fund his campaign. Additionally when the Saudi Arabian ambassador was found to be involved in bribery and involved in dubious economic activities. Finding that the Saudi Arabian ambassador was involved questionable activites where he had a large amount of money transfered to accounts that he had in the United States, the United States was forced to confront bribery with in its ... Get more on HelpWriting.net ...
  • 16.
  • 17. Reasons For Corruption In Thailand Who is responsible for the Corruption in Thailand? Thailand is one of the most beautiful places in the world. It's full of beautiful beaches, cities and wonderful food, however it is also home to a great amount of corruption. I like to believe that the corruption in Thailand is caused by globalization, the process where businesses or organizations gain international influence. Therefore this research is based off of the question how are big corporations responsible for the corruption in Thailand? Big corporations are responsible for the corruption in Thailand because of bribery and violations of the Foreign Corrupt Practices Act. What are the working conditions in the factories in Thailand? The working conditions in these corporation's factories are unacceptable. According to the article titled "Former Nike Factory Worker Shares Story of Abusive Working Conditions" written by Hyun Soo Lee. "Noi Supalai" (a garment worker in Thailand) "...has faced years of harsh and abusive working conditions as a garment worker in her home country of Thailand." Not only did they go through harsh working condition but also according to the same article "It had been two months that we did not get paid." This proved that the working conditions in Thailand were very bad and unfair to the workers. This also proves that corporations like this are causing the corruption by letting this happen. What is being done against corruption in Thailand? Currently in Thailand, one of the ... Get more on HelpWriting.net ...
  • 18.
  • 19. Stopping Fraud and Illegal Activities in Organizations... In today's competitive and modern world of business, it is very significant for companies and firms to conduct some of their business activities internationally. In order to stop fraud and illegal activities from happening there are a few acts and documents that have been enabled. The Foreign Corrupt Practices Act (FCPA) is a law that congress primarily passed in 1977. This act prohibits businesspersons from bribing foreign officials to secure advantageous contracts. The United States also regulates payments to foreign officials. Giving cash or kind benefits to foreign government officials to obtain business contracts and other favors, this is actually often considered a normal practice to do. To reduce such bribery among representatives of the U.S. Corporations, Congress enacted the Foreign Corrupt Practices Act also known as FCPA in the year of 1977. The policy behind the FCPA was to combat the negative impact of bribery on free and fair market competition. The issue which led to the passing of the FCPA was the ethical problem in international business dealings which had to do with the legitimacy of some side payments being made to government officials. In the U.S. most contracts that are formed are formed within the private sector. This is different though in foreign countries because decisions on major construction and manufacturing contracts are made by government officials because of extensive government regulation and control over trade and industry. Side payments ... Get more on HelpWriting.net ...
  • 20.
  • 21. The Foreign Corrupt Practices Act (FCPA) The Foreign Corrupt Practices Act (FCPA) was created in the U.S. in 1977 in response to federal investigations revealing American companies profiting in millions in bribes with foreign government officials. As a result, the FCPA directly prohibits American based companies from offering and making payments to any foreign official with the intent of enticing the recipient to misuse his power, and indirectly through its accounting requirements. Since its enactment, the FCPA has provided a competitive disadvantage to U.S. companies when conducting operations in countries where bribery is the norm. The law does not level the playing field, rather providing the opposite effect, since competitors abroad are not required to operate under the same rules ... Show more content on Helpwriting.net ... Since timeliness and efficiency are essential, one must encourage it by providing gratuities. This money supplements the income of the recipient and encourages them to do their jobs. Nations that are likely to encounter high bribery activity are usually those that are culturally ingrained with nepotism, poverty, low government wages and a weakened economic structure. Laws like the FCPA cannot change bribery activity since this culture stems from the real life conditions of the country. The FCPA cannot seek to solve bribery issues among the U.S. and foreign countries, when the root of the problem still exists. The FCPA is purely legislation and doesn't actually implement change. When assessing the risks of violating the FCPA, U.S. companies lack completive advantages, while other competitors get ahead by pay off as many bribes as necessary. This increases inequalities between economies globally, which seems like an adverse, long–term effect of the FCPA. Inequalities created by corrupt and less corrupt states will only split the world into two and doesn't tackle the real issue at ... Get more on HelpWriting.net ...
  • 22.
  • 23. Analysis Of Kwok And Tadesse 's Regulatory Pressure Effect Kwok and Tadesse suggest the regulatory pressure effect, demonstration effect, and the professionalization effect. Corruption exists in local governments in less developed countries across the globe, a circumstance that is extremely difficult to prevent. Since it is normal business practice for local businesses to engage in corrupt activity, it is difficult for them to refrain from doing so, since it is common practice. Most MNCs are unwilling to accept bribes in order for host countries to attain an advantage. For the sake of making things easier, let us focus on MNCs from the United States. Host institutions looking for business partners in the United States are presented a dilemma. Either they continue to divulge in corrupt practices in their local government, or they strive for internal legitimacy since these MNCs are likely to have adopted norms and practices that outlaw the use of corruption and bribery from their affiliates. This can be attributed to the observance of acts such as the US Foreign Corrupt Practices Act of 1977. The act outlaws US firms from coercing a host country's government to enter into a business advantage through the use of materialistic items, such as money. Violating this act can be costly for individuals and firms alike. To add in 1997, 33 countries had signed the Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions. There is an agenda to combatting corrupt practices in global business. Regulatory ... Get more on HelpWriting.net ...
  • 24.
  • 25. Essay On Foreign Corrupt Practices Act Vu Le Vu LGLS 3562 Michael Valenza December 7th, 2017 Foreign Corrupt Practices Act (FCPA) FCPA Background The U.S. Foreign Corrupt Practices Act (the "FCPA" or the "Act") is one of the primary statutes in the U.S. for fighting against corruption around the world. After the Watergate scandals and revelation of widespread corruption and bribery all over the globe by U.S companies, the FCPA was established in 1977 by Congress [1]. Before passing the FCPA, the government found that more than 400 companies had paid millions of dollars in briberies to foreign government officials to secure businesses overseas. It has been reported that firms have secretly used the money to illegally contribute to the United States and make illegal payments to ... Show more content on Helpwriting.net ... The FCPA addresses three categories of persons and entities; issuers, domestic concerns and other people (including foreign persons or their agents) that violate the law while on the territory of the U.S. [1]. "Issuer" means any company whose class of securities are listed on a national securities exchange in the United States. Alternatively, any company whose class of securities are quoted on the free market in the United States and requires submission of periodic reports to the SEC is an issuer. Therefore, the company does not need to be a US company to be a publishing company. Foreign companies with US custody receipts listed on a US trading floor are also issuers. As of December 31, 2011, 965 foreign companies were registered with the SEC [2]. Speaking of domestic concerns, they could be any individual who is a citizen, national or resident of the United States. They could also be any company, association, partnership, joint stock company, business trust, or a proprietary organization formed under the laws of the United States or its states, territories, properties or communities, or whose headquarter of business is in the United States [2]. Moreover, the FCPA applies to the officers, directors, employees, agents, and shareholders of the issuers and domestic concerns. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) share the power to ... Get more on HelpWriting.net ...
  • 26.
  • 27. Wal Mart 's Domestic Corrupt Practices Act The first Wal–Mart was opened on July 2, 1962 in Rogers Arkansas. Wal–Mart since then has now opened their stores in 27 different countries outside the United States. Walmart has had problems in their business. One of the major problems Walmart has had is it's low wages to their employees. Another problem is Wal–Mart has violated the Foreign Corrupt Practices Act which has caused them to pay millions of dollars. Last of all, in recent studies it has shown that were a Walmart is build has a correlation with crimes. Walmart has had questionable ethical business practices in their stores. Low wages and the insurance coverage at Walmart locations have been a problem. "A report from the National Employment Law Project states that the low prices at Walmart provided to the customers have a hidden cost to the workers"(Jamieson). To have Walmart's low prices and still have a profit they have to pay low wages to their employees. It's low wages have an effect on all the 2.2 million workers Wal–Mart has.This makes it harder for their employees to buy food, housing and to pay other necessary bills. "Walmart has lowered the wages the employees get by hiring people that don't work for the company to do their work "(Jamieson). "The employees at Walmart do hard work and most of their employees don't know about the workers right abuse. They don't know where they can get compensation from the wrong things Walmart has been doing to them" (Jamieson). This is a problem because if the employee ... Get more on HelpWriting.net ...
  • 28.
  • 29. The Consequences Of The Foreign Corrupt Practices Act? In 1977, Congress passed the Foreign Corrupt Practices Act (FCPA), which makes it unlawful for U.S. businesspersons or companies to pay, with money or anything else of value, to foreign officials to secure beneficial contracts. The anti–bribery requirements of the FCPA have applied to all U.S. persons since 1977. In 1998, certain amendments were revised and the anti–bribery requirements now apply to foreign firms and persons who cause an act in continuance of bribery within the United States. The government was attempting to restricted illegal behavior, which is why they implemented the Foreign Corrupt Practices Act after the SEC discovered that over 400 companies were sending corrupt payments to foreign government officials and ... Show more content on Helpwriting.net ... More than 30 percent of these businesses had lost overseas business due to the Act. Recent reports have revealed that exports have actually improved in the areas that embrace corruption. Asia and Africa have started to develop business as well. For example, the United States have been expanding the oil market in Nigeria under this act (Deming, 2011). The largest impact internationally has been the result of the awareness of the FCPA. Since the U.S. government enacted the FCPA, it has raised awareness in foreign countries, many of which have enforced their own anti–bribery laws and have also signed on to the Organization for Economic Co– Operation and Development's (OECD) Anti–Bribery Convention to show their commitment to the regulations of the anti–bribery laws. The OECD actually has no authority to enforce legislation and relies on the member countries to regulate the anti–bribery law. Foreign companies who are associated with U.S. markets and foreign government officials are now aware of the consequences of violating the FCPA. Those who violate the FCPA are subject to civil and criminal penalties. This includes but is not limited to fines and imprisonment. The Department of Justice is responsible for enforcing the criminal penalties. Civil penalties; depending on the authority given under the FCPA, are enforced by both the Department of Justice and the SEC. The DOJ prosecutes against anti–bribery violators by domestic concerns and under territorial jurisdiction. ... Get more on HelpWriting.net ...
  • 30.
  • 31. Topic. The World Bank Uses A Multitude Of Corrupt Policies Topic The World Bank uses a multitude of corrupt policies and economic and social ordinances that ultimately harm those who are under them and more specifically the Third World. Despite initial intentions of positive social and economic change, the World Bank uses its influence as a powerful corporation to falsify the aid given to those who need it most. Tentative Thesis Statement We want to believe that human nature innately wants to do good, to change the world and save the lives of thousands, yet this is more than often not the case. When an institution gains enough power in a capitalist society, it will eventually succumb to immense corruption that damages those that it had initially intended to assist. The World Bank is used as the ... Show more content on Helpwriting.net ... I.e. "The total amount of loans stolen in Indonesia to be more than $8 million" (Weaver 127). Sub–point 3: IFI's: International Financial Institutions Three Main Sources Harriss, John. Depoliticizing Development: The World Bank and Social Capital. New Delhi: Leftword, 2001. Print. This novel analyses the perspective of The World Bank from its initial belief that 'social connections' are the 'missing link' in international development. This notion of 'social capital' has strongly been pushed by The World Bank, a concept that ultimately only obscures politics and power. It came to light through early influences such as Putnam, "Robert Putnam (...) claimed to have demonstrated there are strong casual connections between the existence of 'civic engagement' (...) and outcomes that can be labelled as 'good governance'. (Harriss 113). As, most western ideals there is the decision between 'us and them' or 'civil and uncivil', The World Bank's looks at Third World Countries with an 'uncivil lens' that would therefore justify the introjection of a third party to 'aid' said countries. Ultimately, Harriss believes in the 'de–politicization of development' and essentially deconstructing class and power systems to benefit society. This is important to my essay as it challenges the political failures of The World Bank. Toussaint, Eric. The World Bank: A Critical Primer, Pluto, 2008. This book exposes the truth about The World Bank's subsidiaries.
  • 32. ... Get more on HelpWriting.net ...
  • 33.
  • 34. William Shakespeare 's Hamlet In Shakespeare's play Hamlet, a corrupt and chaotic world is illustrated through the through the portrayal of contrasting realms, the interior and exterior. Within in the play, Shakespeare illustrates the story of a Danish prince, Hamlet, whose uncle murders the Hamlet's father, marries his mother, and claims the throne leading to Hamlet's journey to avenge his father all coinciding with in the city of Elsinore. Simultaneously with Hamlet's journey Shakespeare juxtaposes a seemingly healthy exterior concealing an interior sickens of not only the people of Elsinore but the castle surrounding Elsinore itself. This reoccurring motif embodies the play with a duplicit nature, one of concealed evil and disease that continually reminds us that, in both a specific and a broader sense, "Something is rotten in the state of Denmark" (I.i.4). This construct is exemplified through an established dichotomy of interior and exterior thematic perceptions of health from the physical setting to the characters in the Hamlet, overarching the theme of corruption to further shed light on the duplicit nature of society thus providing support for the unveiling of the truth cultivate a better understanding of how to act within society and overall lead to greater benefits for society as a whole. Corruption in the context of Hamlet, first appears in the play's introduction. Shakespeare begins Hamlet by describing Elsinore and Denmark as a whole. The seemingly simple setting brings more to the play ... Get more on HelpWriting.net ...
  • 35.
  • 36. Essay about Foreign Corrupt Practices Act With the ever expanding global market, the ways Americans conduct business in other countries is one that can conflict with our laws and culture. There are many cultures that don't eat certain foods or drinks due to religious practice, for example. Then there are laws that can conflict the way we as Americans proceed with business in foreign countries. Many countries don't have laws that help curve gender discrimination as well which can create problems for American women working overseas on behalf of an American company. As United States continues to make is mark on the global economy, there are laws that help protect not only our companies, but also other companies through out the world as well. The Foreign Corrupt Practices Act ... Show more content on Helpwriting.net ... Also, all companies must implement an accounting system that provides "reasonable assurance" that all transactions entered are accounted and legal. Any person making false statements or altering accounting books will be in violation of the law. This part of the law was writing to help with the detecting of bribery. This is also something that was done in the past, where higher officials in a company would either force or pay an accountant to make false accounts in the books. The Foreign Corrupt Practices Act changes the way business is done in the global market because it levels the playing field for other competitors who are vying to make their mark in other developing countries. It also affects the way other countries conduct business as well. Since the introduction of this act, many countries have adopted similar laws as well. In 1997, the Organization for Economic Cooperation and Development signed a treaty that made bribery of foreign officials a serious crime. This treaty improves the way business is conducted globally and also levels the playing field for US businesspersons. As of recently, even United Kingdom's Serious Fraud Office changes how they will prosecute officers who violates these laws, even enforcing the companies to self–report such violations ( Corporate Counsel). Any company or individual who ... Get more on HelpWriting.net ...
  • 37.
  • 38. Corruption and Bribery Corruption and Bribery April 29, 2015 Abstract In this paper, I will be writing about corruption and bribery. I will define the terms and go on to explain the regulations that have been put in place to stop corruption and bribery. I will then go on to give examples of major corruption and bribery scandals that companies have recently been in and what has been done to punish said companies for their crime. Intro Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior especially by powerful people (such as government officials or police officers), the act of corrupting someone or something, and something that has been changed from its original form". (Merriam– Webster) Bribery ... Show more content on Helpwriting.net ... This states that countries agreed to help out countries in need if they are under a new government with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being bribed, the bribery of a public official, and the failure of an organization to stop bribery are punishable under law through the act. It states that the criminal can do a maximum of ten years in prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations in the UK; it also punishes organizations that have any link to that country with a universal jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect companies that are in a global market that do business with countries that partake in such activities. Like the UK, the United States of America also has laws regarding bribery and corruption. This is the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The first being accounting transparency requirements from the Securities Exchange Act of 1934 and the other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying bribes to foreign ... Get more on HelpWriting.net ...
  • 39.
  • 40. Foreign Corrupt Practices The Foreign Corrupt Practices Act There are many organizations in the United States who lead business with firms everywhere throughout the world. This is the way the world is developing with different markets to be beneficial and manage their organizations above water. Be that as it may, not every one of the organizations have legitimate business morals which can be an issue while working together between the US and outside organizations who don't have any points of confinement to their business laws. "For example, in many foreign countries side payments to government officials for an exchange of a favorable business contract are not unusual." (Hollowell &Miller, 2011, pg. 22). Because of the broad measures of these sorts of action, congress ... Show more content on Helpwriting.net ... (USDOJ, Fpca, Web. 2011). As expressed on the US Bureau of Equity site, "the US Congress got to be distinctly worried that American organizations were working off guard contrasted with remote organizations who routinely paid fixes and, in a few nations, were allowed to deduct the cost of such rewards as operational expense on their charges". ("Lay Person's Guide" Foreign Corrupt Practice. Antibribery Provisions. Justice.gov. ... Get more on HelpWriting.net ...
  • 41.
  • 42. Bribery And Ethics Of The United States Bribery and Ethics Sarah A. Rowe Campbellsville University Abstract Bribery has become a common term in the corporate world, specifically when international business deals are discussed. Until 1977, it was legal in the United States to bribe foreign officials in order to receive preference or a better business deal. But, the passing of the Foreign Corruption Practices Act of 1977 and its subsequent amendments made it a criminal act for any organization within the U.S. or foreign organization doing business in the United States, to practice any form of bribery and also required the President of the United States to engage other nations in creating similar laws. Since, many nations have chosen to band together against bribery and have formed the Organization for Economic Cooperation and Development that ultimately created the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This now makes it illegal to practice bribery in any of the countries that are part of this organization. While the United States and the world has come a long way in stamping out bribery, there are still some organizations that think they can get away with it but end up with massive fines and prison time. But, with so many nations banding together, one can still be hopeful for a world in which we can do business ethically with other ethical businesses around the world. Bribery and Ethics Bribery of foreign public officials is something ... Get more on HelpWriting.net ...
  • 43.
  • 44. Foreign Corrupt Practices Act : Shivangi Patel LAW 110 – MO1 Vincent Petraro Foreign Corrupt Practices Act Foreign Corrupt Practices Act was introduced in 1977.It was made effective from December 19, 1977. Foreign Corrupt Practices Act applies to all citizen of United State and certain foreign issuers of security and foreign companies. The Minor changes were made in the year 1988 and in 1998.Foreign Corrupt Practices Act has two main Provision (a)Accounting Transparency under Securities Exchange Commission, 1934. (b)Bribery of Foreign Officials. Department of Justice (DOJ)and Securities Exchange Commission(SEC) are responsible for enforcement of Foreign Corrupt Practices Act. Powerful influence of both Department of Justice and Securities Exchange Commission ... Show more content on Helpwriting.net ... However, due to enforcement of Foreign Corrupt Practices Act, the US exports decreased which also resulted in decrease of Foreign Direct Investment because Foreign Corrupt Practices Act discourages firms from investing in foreign markets. Companies engaging in mergers and acquisition in emerging markets face uniquely increased level of regulatory and corruption risk. This is mainly due to three reasons: 1) In many foreign countries, informal payments substitute for formal economic institutions familiar to enforcement officials in developed countries, implying that on formal payments reduce US companies access to foreign economic institutions. 2) Foreign Corrupt Practices Act enforcement imposes direct cost on international investment through fines. Profit disgorgement, and reputational degradation that occurs when companies are targeted by Department of Justice and Securities Exchange Commission. Also, agencies possess enormous scope while deciding which payments are to be classified as bribes. 3) The lack of clarity of informal payments which triggers increase in legal defense, and due diligence spending by US multinational it raises the cost of investing in the foreign markets. To compete in global markets US firms were trying to subvert anti–bribery legislation. They can substitute financial contribution for hiring additional labors. Thus, they would reduce capital– to– labor–ratio. American firms ... Get more on HelpWriting.net ...
  • 45.
  • 46. Foreign Corrupt Practices Act The impact the Foreign Corrupt Practices Act had on society was pleasant since it restored buyer confidence in the United States and restored the integrity of the United States market by implementing honesty in transactions. Yet it imposed too many disadvantages for the economy and corporations. The Foreign Corrupt Practices Act focuses on large fraudulent payments made by a business, therefore anyone involved in the financial, accounting, and executive department are impacted the most. Other major stakeholders affected include the board of directors, shareholders, employees, government officials involved, and foreign officials or foreign companies involved. Everyone is affected because the codes of conduct, and the companies' values needed ... Show more content on Helpwriting.net ... The government just wants business overseas to be conducted the ethical way, which is admirable. Due to the fact that this law is regulatory and pervasive, it does improve the integrity of businesses in the United States, and the overall truthfulness of the market. Of course, it is not as welcomed by the business world as much as the government would like, but it makes companies righteous. Virtuous companies after all make the most money in the long run due to loyal customers because of their respectable ways. In a sense the Foreign Corrupt Practices Act improved the business world and society by requiring companies to assert more corporate governance, and by "strengthening the system of corporate accountability while thereby reducing the number of questionable payments and practices" ("Impact of Foreign Corrupt Practices Act on U.S. Business", 1981, p.17). Not to mention, Aristotle argues that justice is a matter of "giving each person what they deserve" (Sandel, 2009, p.187). If companies are in violation of corrupt actions then they should be held accountable because that is part of corporate responsibility. Therefore, the impact the law has on guilty businesses is expected, but the overall impact it had on the entire U.S market including those who were innocent of such actions is ... Get more on HelpWriting.net ...
  • 47.
  • 48. Walmart And Its Effect On The Workplace The first Walmart was opened on July 2, 1962 in Rogers Arkansas. Walmart has now spread to 27 different countries outside the United States. Walmart has had problems in their business. One of the major problems Walmart has, is it's low wages to their employees. Another problem is Walmart has violated the Foreign Corrupt Practices Act which has caused them to pay millions of dollars. Last of all, in recent studies it has shown that were a Walmart is build have a correlation with crimes. Walmart has had questionable ethical business practices in their stores. Low wages and insurance coverage at Walmart locations have been a problem. "A report from the National Employment Law Project states that the low prices at Walmart provided to the customers have a hidden cost to the workers"(Jamieson). To have Walmart's low prices and still have a profit they have to pay low wages to their employees. It's low wages have an effect on all the 2.2 million workers Walmart has.This makes it harder for their employees to buy food, housing and to pay other necessary bills. "Walmart has lowered the wages the employees get by hiring people that don't work for the company to do their work "(Jamieson). "The employees at Walmart do hard work and most of their employees don't know about the workers right abuse. They also don't know where they can get compensation from the wrong things Walmart has been doing to them"(Jamieson). This is a problem because if the employee doesn't know about this law, ... Get more on HelpWriting.net ...
  • 49.
  • 50. The Discourse Of The Endemic Grand Corruption The discourse of the endemic grand corruption in Nigeria is inadequate without a critical scrutiny of the roles played by the multinational companies (MNCs) in facilitating and sustaining grand corruption. Scholars argue that companies, especially multinationals, are the biggest perpetrators using a sophisticated network of notional companies and corporate structure to facilitate corrupt practices in developing countries. In essence, grand corruption in Nigeria is to a large extent sustained by the involvement and collusion of multinational corporations operating within and outside Nigeria. The quest for global expansion, global competition and profit maximisation underscores the multinational corporations' exploitation of the vulnerable endemic corrupt administrations in Africa by offering huge bribes. Leslie Wayne states that 'as business has gone global, so has graft, particularly as companies in rich nations push into poorer regions'. The World Bank estimates that about $1 trillion in bribes is paid annually to government officials. Jeffrey M. Kaplan, a U.S lawyer who specialises in cases brought under the Foreign Corrupt Act, comments that 'you are talking about millions of dollars going to dictators who are selling their national patrimony in countries where you cannot even get clean water'. Kaplan argues, 'bribery is endemic to the human condition. If it cannot be rooted out, then you need to do something, and the FCPA, is that'. This underscores why proper ... Get more on HelpWriting.net ...
  • 51.
  • 52. Morality of Bribes Bribes and Morality Machiavelli (1882), in writing of cruelty and clemency asks the question of whether it is better to be loved or feared and asserts that both are best. Machiavelli (1882) justifies this conclusion by saying that people are fickle. They will pledge their lives when danger is distant and benefits are high, but desert those to whom they pledge their lives when danger is imminent. The person who places love above all else is in danger during times of crisis. Conversely, men are careful not to offend those they fear, because they fear the punishment and are more likely to remain true to their pledge. There is a caution in this assertion to know the difference between fear and hatred and the recommendation is to be ... Show more content on Helpwriting.net ... There is no compelling force, other than a sense of morality to encourage organizations to admit paying a bribe. Using the rule of prima facie, even the FACP allows payment of bribes under certain conditions; grease payment, for example are allowed. Thus making both the payment and the admission purely subjective with no clear indication as to who is right or wrong except within the legal provisions of the law. Ethicality of Bribes Looking at bribes from the perspective of Machiavelli (1882), bribes are required to protect the people of the country. This protection takes two forms, first to protect the people from outsiders and second as a power lever against the organization paying the bribe. The solicitor of the bribe gains power over the organization. Power manifested in other demands that, if not met, will result in disclosure of the bribe, a threat that, if made true, would result in prosecution of the one paying the bribe. The one demanding the bribe faces no such fear since the legislation's power is in prosecuting the payer, not the payee. Looking at bribes from the perspective of Pastin and Hooker (1980), prosecution of the one paying a bribe does very little to address the issue of corruption since the payer is the one subject to legislation. As long as the one demanding the bribe is not subject to prosecution, the request for bribes will not diminish and organizations will simply not ... Get more on HelpWriting.net ...
  • 53.
  • 54. Foreign Corrupt Practices Act : Running Head: FOREIGN CORRUPT PRACTICES ACT 1 FOREIGN CORRUPT PRACTICES ACT BUSINESS LAW Katherine Hall–Blair Keiser University FOREIGN CORRUPT PRACTICES ACT 2 FOREIGN CORRUPT PRACTICES ACT In the face of improper payments to officials abroad, the United States introduced the Foreign Corrupt Practices Act (FCPA) of 1977. This act was a pioneer step for the government of the United States to combat illegal bribes by not only U.S. companies, but overseas companies as well. Other countries have now taken note and apply their own laws (1). It began with the Watergate scandal and an investigation into then–President Nixon's re–election campaign contributions. It was discovered that hundreds of U.S. corporations held large cash slush funds, which the Securities Exchange Commission (SEC) determined were destined to be paid out as bribes to foreign officials as hundreds of millions had already been spent for that same reason (1). Even though some European countries held that bribing officials was legal, in fact, an expense that could be reported and deducted on corporate tax returns, the Congress of the United States passed, in 1977, the Foreign Corrupt Practices Act (FCPA)(1). This act was intended to stop the bribing of foreign officials in order to obtain or retain business and reached all U.S. publicly traded companies, along with their directors, officers, managers, employees, agents, and stockholders (2). Amendments ... Get more on HelpWriting.net ...
  • 55.
  • 56. Laundering Act 2010 Of Britain, Canada And China Sentence guildline in Britain, Canada and China Since 2003, more than one hundred countries have signed on the United Nations Convention Against Corruption . Moreover, to eliminate corruption has become a common action in countries around the world. To this end, all countries have gone on in the unremitting exploration and achieved good results. Since the company thinks about going in the market of Britain, Canada and China, therefore, it is necessary for the company to know about the sentence guideline of them. In the following essay, it will talk about the sentence guildline of foreign corruption in Britain, Canada and China. The Bribery Act 2010 of Britain As far as Britain is concrned, the Bribery Act 2010 should be highly alerted, ... Show more content on Helpwriting.net ... But compared with Foreign Corrupt Practices Act, the new bill rules more strictly, involving in a wider range. At present, many multinational companies are starting to view Bribery Act 2010 as the international anti–corruption standard they must reach. Moreover, the biggest bright spot of Bribery Act 2010 is to set up two new crimes, the bribery of foreign public officials and strict liability of the company who does not prevent bribery. According to the act, to bribe the individual who is in British foreign legislative, executive or judicial position, or to exercise any public function or as a public international organization agent, will all be committed a crime as bribery of foreign public officials. Also, it put forward some new legal requirements. As far as Prevention of Bribery of Negligence is concerned, it is a new charge created by the act. Besides, it is set against the establishment of the company, which points out that if the company 's employees, subsidiaries, offices and even other third party implement bribery for the company's interests, no matter these actions are taken in the United Kingdom or abroad, the company will be charged, even if it is not involved or has no idea of this(Mukwiri, 2015). In addition, due to the new act, when a foreign company conducts business in the United Kingdom, if its agents, employees or affiliates are caught in bribery or corruption anywhere in the world, the company have to bear criminal ... Get more on HelpWriting.net ...
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  • 58. Facilitating Payments And Its Complications During Foreign... Facilitating Payments and its Complications in Foreign Corrupt Practice Act In all professional practices, engineers often have to face various ethical dilemmas. Under the OSH (Occupational Safety and Health Administration) Act, employers are required to provide a safe and healthy workplace while complying with all applicable OSHA standards. However, such standards and regulations are not always abided by the industries, especially in areas where corruption is common. Engineers are often faced with difficult moral decisions. There are conflicts between engineers' ethical obligations, "Engineers shall avoid deceptive acts, conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession," and their obligation to remain as "faithful agents or trustees" for their employers and clients. In this paper I will discuss engineers' obligations to their company, the ethical aspect of bribery, and problematic cases involving "facilitating payments". Firstly, I want to discuss engineers' ethical obligations as an employee. Engineers are hired and compensated for their work as employees. Thus, they have moral obligations to remain loyal and act as faithful trustees for their employers. Those obligations include engineers' duty to act with honesty and integrity to the highest standards. For example, engineers are ethically required to work with reasonable care and skill at all time. They are compelled to inform ... Get more on HelpWriting.net ...
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  • 60. Case Analysis Corruption in China Case: Coping with Corruption in Trading with China. Corporations across the globe deal in international business practices every day. When a company must to do business in countries with a high level of corruption, a company should have a plan that helps to maintain control over a key piece of intellectual property or some production process component that allows company to maintain power in the relationship. Most of these processes and practices are legal and ethical, following the laws and regulations of various international governments. Some of these practices are just the opposite, illegal in eye of American company but viewed acceptable in other cultures. Many countries are involved in bribery which makes many American companies ... Show more content on Helpwriting.net ... In this category all the Requests of Chinese trading officials fall into this category Allocating money for CIB inspector trip that are not required by law that inspection must be made in person and I believe this could be a violation of a subornation. All other examples of briberies and purchasing a certificate on a black market are examples of subornation. Elimination competition by paying money to the government so the other company would not enter the market is also a great example of subornation Which of the payments, favors or bribes are illegal under the FCPA? Anyone found guilty of knowingly participating in or authorizing the payment of a bribe can be high penalized under the Foreign Corrupt Practices Act. United States publicly traded companies have been liable to the FCPA since 1977. The anti–bribery provision of the act makes it unlawful to bribe even a penny because the act focuses on the intent to bribe, rather than the materiality of it ''the anti– bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. Since 1998, they also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the United States" From the research I conducted, many executives in the United States feel that the stipulations within the ... Get more on HelpWriting.net ...
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  • 62. 12dovs Siemens Bribery Scandal In December 2008 Siemens, the large German electronics firm, agreed to pay $1.6 billion in fines to settle legal suits bought by the U.S. and German governments. The governments asserted that Siemens had used bribes to win business in countries around the world. These were the largest fines ever levied against a company for bribes, reflecting the scale of the problem at Siemens. Since 1999, the company had apparently paid some $1.4 billion in bribes. In Bangladesh, Siemens paid $5 million to the son of the prime minister to win a mobile phone contract. In Nigeria, it paid $12.7 million to various officials to win government telecommunications contracts. In Argentina, Siemens paid at least $40 million in bribes ... Show more content on Helpwriting.net ... In justifying this behavior, one former Siemens employee stated, "It was about keeping the business alive and not jeopardizing thousands of jobs overnight." But the practice left behind angry competitors who were shut out of contracts and local residents in poor countries who paid too much for government services because of rigged deals. Also, by engaging in bribery, Siemens helped to foster a culture of corruption in those countries where it made illegal payouts. During this time period, in a cynical move, Siemens put in place a formal process for monitoring payments to make sure that no illegal payments were made. Senior executives even made some of the individuals responsible for managing the bribery funds sign compliance forms stating that they had not engaged in any such activity, while knowing full well that this was not the case. This scheme began to collapse at Siemens when investigators in several countries began to examine suspicious transactions. Prosecutors in Italy, Liechtenstein, and Switzerland sent requests for help to counterparts in Germany, providing a list of Siemens employees who were implicated in making illegal payments. In late 2006 the German police acted, raiding the company, seizing data, and arresting several executives. Shortly afterward, the United States started to look into these charges. Since Siemens had a listing on the New ... Get more on HelpWriting.net ...
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  • 64. Impact Of The Foreign Corrupt Practices Act Impacts of the Foreign Corrupt Practices Act Some would say that in order to accomplish global corporate success, and growth, one must "work" the system to their advantage. In the 1970's there was an increased awareness of illicit payments used to bribe foreign governments. Several headlines had shaped the U.S. government's concern; acting as a catalyst for the development and establishment of the Foreign Corrupt Practices Act. This Act, even to this day, is recognized for its purpose of prohibiting the practice of corrupt actions associated with the U.S. While widely recognized in the American business market, due to its impact nationally as well as internationally, its "real" significance in U.S. commerce has been criticized. As those ... Show more content on Helpwriting.net ... Take for example, the Northrop Corporation paid foreign agents cash commissions, which were passed along to officials in Saudi Arabia, NATO, and the Common Market countries (Vanasco). In fact, it was this scandal, among another 400 U.S. Securities and Exchange Commission (SEC) investigations, which threatened U.S. foreign policy and paved way for the FPCA. The US was the first country to actively regulate such legislation on foreign trade, international law, and code of ethics. The idea of the FPCA was to eliminate these acts of corporate corruption. Corruption is caused by the act of abusing either a public or private office for personal gain (CleanGovBiz). Furthermore, the effects of corruption in which is imposed on the economic, political and social development of society has facilitated to the evolution of this Act. All around, it can be argued that corruption inflicts a threat on the sustainable development as well as economies alike (CleanGovBiz). Essentially, this Act is an anti–bribery act which makes it unlawful and prohibits all U.S. personal and certain foreign issuers of securities, foreign firms, and persons from making these corrupt payments within the U.S. or within its territories. The Foreign Corrupt Practices Act highlights the national need for effective and adequate internal control systems to ... Get more on HelpWriting.net ...
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  • 66. Bribery Bryan Jaeger Business and Ethics UI400–01 April 20, 2015 International Business and Bribery Have you ever bribed someone to let you do something that you weren't allowed to do? As much as I hate to admit to it, I have done it my fair share of times. Bribery can be a good or bad thing depending on the situation and how the bribe is used. No matter what I believe that bribery can usually lead to bad consequences. Though it can happen for just small things such as slipping someone a 20 dollar bill to get you into a club, it can also happen in big corporations that are involved in international business. If they are discovered by the government these big companies will pretty much lose everything. For example, "In February of 1975, Eli ... Show more content on Helpwriting.net ... Pretty much in simpler terms this is completely wrong and unjustified to comprise citizens' rights just for some money or tax breaks. It is all about supply and demand with corporations and government officials. Corruption also has its supply and demand side. The corporations are supplying the bribes to get stuff cheaper for them and the officials of the government are demanding these bribes because they are greedy. The problem with this whole thing is every attempt the government makes they only are able to attack one side of the corruption. Every time they come out with a new law or a new act it is only focused on one side of the problem. According to Hess and Dunfee, "An effective anticorruption system requires a variety of measures attacking all sides" (Arnold, Beauchamp, and Bowie 577). They have to fight it from both sides are it will surely fail. Even if the corporations stopped supplying the bribes the government officials would demand them to continue because they enjoy the benefits of bribes. On the other hand if the government officials tried to stop demanding bribes, the corporations would just increase their bribes to get them to continue to take them. This overall corruption between government officials and corporations are hurting human rights. Throughout the world there are a lot of international human rights ... Get more on HelpWriting.net ...
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  • 68. Week 5 Reflection Paper Learning Team Reflection Andre Parker, Kellie Baker, Michael Wheeler and Jeffery Stewart LAW/531 June 16, 2013 Erikka Hise The Foreign Corrupt Practices Act This assignment instructed us to read four articles concerning Legal Issues in International and Domestic Business Foreign Corrupt Practices Act. Within this assignment it discussed the crisis in corporation's unethical practices. The Foreign Corrupt Practices Act of 1977 sparked the argument that United States companies are disadvantaged in international markets. The act has been controversial since its enactment, with some critics attacking it as ineffective and the American business community complaining that it places U.S. enterprises at ... Show more content on Helpwriting.net ... Civil lawsuits can also cause problems with a company's director and officer insurance coverage. Most policies in some organizations will not cover FCPA civil penalties awarded against officers, directors, and or employees of a company. Klein and Aguilar (2010), Stuart says FCPA programs must also consider how the company does business in different regions, so its controls address specific practices and operations in those regions, and aren't just generic controls that apply (with mixed results) worldwide. I agree that the FCPA should consider the region and nature of individual businesses. Every need of any company or operation will never be alike. Conclusion Nevertheless, we believe most companies would be judicious to distribute their funds into strategic compliance planning. According to "Compliance Planning" (n.d.), compliance planning are any individual or individuals providing services and submitting a claim for payment by the federal government must be alert to the potential for liability stemming from an inappropriately submitted claim. The federal government has the authority to investigate the claim's propriety and the authority to impose sanctions in which an investigation finds fault with a claim, ranging from a possibly inadvertent mistake to a determination that the claim was fraudulently ... Get more on HelpWriting.net ...
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  • 70. A Traveler's Guide to Gifts and Bribes Financial Management Policy Professor: Ms. Gleason A Traveler's Guide to Gifts and Bribes Harvard Business Review Why might bribery become a problem for U.S. managers working in foreign countries? The FCPA was structured to help U.S. companies understand what bribery is, and what is or is not acceptable behavior at home and in other countries. The confusing issue is that even with this guidance, it is not always clear what exactly is to be considered a bribe. Under the Act, not all payments are deemed to be bribes. FCPA doesn't forbid payments to lesser figures, it allows bribes to facilitate ongoing business activities, as there is no monetary guideline it requires companies to keep reasonable records of the transaction. Brides given ... Show more content on Helpwriting.net ... When the U.S. stood completely alone in its legislative quest to curtail foreign bribery, the catastrophic scenario did not materialize. "As the Government Accountability Office (GAO) noted four years after the implementation of the FCPA in a study called the Impact of the Foreign Corrupt Practices Act on U.S. Business; claims that U.S. companies have lost sales...are difficult, if not impossible, to substantiate and quantify" (Graham, 1984). Further, a paper published in the Journal of International Business used published data to test the competitive disadvantage theory and found that "the FCPA had not negatively affected the competitive position of American industry in the world marketplace" (Graham, 1984). Even then, when the American industry was the only one worldwide facing these kinds of restrictions, anti–bribery laws did not negatively impact their export performance or market share. In today's world, several markets where such an act may exist may provide a competitive disadvantage include those of China, the Middle East, Africa, and other emerging markets. This is in part due to the lack of similar laws in these markets and tradition based business practices where bribery, gratitude, or gift given is a norm. "Unfortunately, in the context of China, this has the potential to place American companies in a position where they must decide ... Get more on HelpWriting.net ...
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  • 72. Essay Case Hong Le 4/11/2013 MGMT 4670 Prof. Damkar Written Response #1 1. What systems make up the political economy? What is the relationship of these systems? Political economy is made up of political systems, economic systems and legal systems of a country. The political, economic, legal systems can have a profound impact on the level of the economic development in a country and hence the attractiveness of a country and its potential as a trading partner or host for a foreign direct investment. 2. There are two types of violation of property rights: public actions and private actions. Who commits private action violations and what do they involve? Who commits public action violations and what do they involve? Private action ... Show more content on Helpwriting.net ... The economic condition of Nigeria has been damaged due to conflict among several competing ethnic, tribal and religious group has limited political stability and led to political strife. As per United Nations, Nigeria has low human development because of the high number of illiteracy among adult population and also due to low life expectancy rate. 2. How did Nigerian military dictator Sani Abacha violate the property rights of the people of Nigeria? What were some of the results of this public action violation? Sani Abacha used 25% of the federal budget of Nigeria for his personal use (property right). He did that by setting up trust funds scams like Petroleum Trust Fund. In order to keep his scams going he had to pay political leaders (public action violations) some of the money so that they won't say anything. The results of these violations were that they were just wasting all there natural resources and became one of the poorest country in the world. 3. Based on this case and what we discussed in class, what is the relationship of corruption, a public action violation, on economic development? I think corruption and public actions violations have direct impact on a country's development. If public officials are corrupt, then they will only think of ways in which they can benefit themselves instead of ways to help in country's progress. 4. What explains the high level of corruption at ... Get more on HelpWriting.net ...
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  • 74. Essay on The Shakedown Case Analysis: The Shakedown I. Introduction This case portrays the widely propagated and accepted phenomena of bribes and corruption in developing countries. Specifically how it affects every sector of the Ukrainian society, therefore making it difficult for the American investors to establish companies there and to prosper solely on doing good business. The case describes the types of obstacles and ethical dilemmas being created for the investors as a result of bribery and extortion. Situation In analyzing these issues, we will first present a brief introduction to the situation. Mr. Pavlo Zhuk, a young, but already well established, entrepreneur from California, is faced with a difficult ethical business decision concerning ... Show more content on Helpwriting.net ... Zhuk was born into a comfortable life in California watching parents who eagerly modeled American values, was educated at the best American schools, worked for the best American technology firms, and thus learned and was comfortable with conducting business the American way. Zhuk did a poor job recognizing these differences within himself and the environment in Kiev. In Unit 2 of our management course one of the topics discussed was cultural differences and IQ, Zhuk made the ill–founded assumption that because his lineage traced back to Ukraine, he was connected to and understood the business environment. He couldn't have been more wrong. It is only reasonable that any investor interested in starting a company in a developing nation to research and investigate the business landscape in such an unfamiliar terrain before opening up operations there. This is beneficial, as it will provide the prospective investor with important information about the business environment and practices. In particular, an investor should analyze the labor market, examine the costs of founding a company and consider the possible business ethics challenges. In our case, Zhuk needed to make certain his business strategy was in tune with the local culture, business practices and laws in Ukraine. Cultural Framework
  • 75. Ukraine is just a different animal, and because of the cultural differences ... Get more on HelpWriting.net ...
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  • 77. Why The Old World: Corrupt And Wrongly Started The old world is corrupt and wrongly led. There is always fighting going on and poverty. The New Eden is led by the four greatest, most trustworthy leaders on this planet. No poverty, fighting, or hate. The old world broke the citizens trust by lying about the most important things in life: economy, other beings, and politics. The four leaders decided to start a new Eden to give the citizens what they all wanted, the truth. The New Eden hides no facts from its citizens. This society will be different by actually helping the planet, no pollution, no forced propaganda, harsh rules and consequences on crime, and the freedom to do what each citizen wants too. This society will have one same characteristic as the old one, freedom. The bill of rights ... Get more on HelpWriting.net ...
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  • 79. Corruption : A Great Distress Business Industry When first hearing the words bribery, extortion, lubrication and subornation, one might first think of money or ways of getting more of what you ant for a cost. Corrupt practices in business transactions are a great distress business industry, especially when it becomes the international business market. These corrupt practices include bribery, extortion, lubrication and subordination. Extortion, lubrication and subordination are different variations of bribery. Money in today's society is what keeps the world running in most cases. Bribery first came about in the fourteenth century by the works of Chaucer and his contemporaries (Quinion, 1). In the fourteenth century the worst often offenders were judges and public officials, who exhorted ... Show more content on Helpwriting.net ... Bribery can most simply be described as money being voluntarily offered by someone seeking an unlawful advantage (Gilly, 152). It wasn't until the 1970s, when bribery became a national issue with public disclosure of political payoffs to foreign recipients by U.S. firms. Most cultures seem to be more open to bribery, but in the United States, they are disdainful to these practices now. The words extortion, lubrication and subornation often can be grouped under the term bribery out of ignorance, even though they are, in fact, unalike (Gilly, 152). The difference between bribery and extortion can be described as bribery is from an offer to someone else, while extortion is a demand for payment. One example of bribery, which happens quite frequently, would be a restaurant or food industry offering a bribe to the health inspector to ignore health regulations the restaurant may be violating (Digh, 90). The health inspector may see issues violating health code that could affect the consumers, but as the restaurant owner slips a one hundred dollar bill under the table to him, he then may "ignore" these obvious violations. Another example of bribery, which is used almost everyday, would be to offer money or a gift to be moved higher on a waiting list for a restaurant. This bribe is often little, but in most cases restaurant hostesses are not allowed to accept these bribes or ... Get more on HelpWriting.net ...