Preview

Foreign Corrupt Practices Act Essay

Satisfactory Essays
Open Document
Open Document
420 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Foreign Corrupt Practices Act Essay
Have you ever invite your best customer outside for having an expensive dinner? Having some wine, discussing about more details in new contract? Or you invite them to an expensive resort, spend time there with the purpose of convince them your solution is better than others? Send a gift to a new CEO for building new relationship? All those things are normal in some cases, but it could be FCPA violation in case done with foreign government official.
Scott Lane, Principal and CEO, The Red Flag Group said that: “Every businessperson working in the emerging markets should read and understand the way in which their actions and behavior may fall subject to the Foreign Corrupt Practices Act (FCPA) of 1977”.
The purpose of the FCAP was to make it illegal for employees of American corporations to induce foreign officials, by offering
…show more content…
As part of ABB Inc.’s plea, it admitted that one of its business units based in Sugar Land, Texas, ABB Network Management (ABB NM), paid bribes from 1997 to 2004 that totaled approximately $1.9 million to officials at Comisión Federal de Electridad (CFE), a Mexican state-owned utility company. ABB NM’s primary business was to provide products and services to electrical utilities, many of them foreign state-owned utilities, for network management in power generation, transmission and distribution. In exchange for the bribe payments, according to court documents, ABB NM received contracts worth more than $81 million in revenue. ABB Inc. admitted that the bribe payments were made through various intermediaries, including a Mexican company that served as ABB NM’s sales representative in Mexico on its contracts with CFE. ABB Ltd and ABB Inc. voluntarily disclosed the misconduct to the Department of Justice and have cooperated fully with the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The Foreign Corrupt Practices Act allows U.S. companies to make bribes to foreign officials when they are an accepted part of business.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Stryker Case

    • 713 Words
    • 3 Pages

    Legal risks associated with domestic and international business are a challenge for today’s business managers. A company must possess strong internal controls to prevent deceptive bookkeeping and corrupt business practices as part of their overseas operations. Stryker Corporation experienced this firsthand as part of their international business practices, recently challenged by the Securities and Exchange Commission (SEC). In the following reflection, Team A applies the IRAC method of case analysis to examine Stryker’s handling of violations related to the Foreign Corrupt Practices Act (FCPA). The authors will address the four necessary components of the IRAC acronym: issue, rule, analysis, and conclusion. Careful analysis of IRAC findings will aid Team A’s understanding of the importance of internal controls in managing legal risk in overseas business.…

    • 713 Words
    • 3 Pages
    Better Essays
  • Good Essays

    In today’s world of technology patient’s face an ever challenging issue of protecting their privacy. One of the biggest areas infringing on a patient’s privacy would be the prescription health information that is being released by pharmacists and the way in which that information is used. Information is given to a wide variety of entities and to individuals, which raises enormous concern about the privacy rights of patients, especially considering the fact that the patient has not given consent for the release of this information.…

    • 1067 Words
    • 5 Pages
    Good Essays
  • Better Essays

    (FCPA, section 30A) This defines any foreign official as any ranking official within a foreign organization not meaning only high ranking officials but low ranking officials alike. Including civil employees and government officials alike, by defining this term clearly the act involves any person who is trying to give a bribe or even a donation to a foreign official therefore convicted everyone…

    • 1134 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Since its execution in 1977, the FCPA's anti-bribery provisions have applied to all U.S. citizens. After the amendments made in 1998, the anti-bribery provisions were expanded to include foreign firms and persons who, either directly or by proxy, make corrupt payments within U.S. territory.…

    • 221 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Foreign Corrupt Practices Act: A federal law enacted in 1977 which prohibits companies from paying bribes to foreign government officials and political figures for the purpose of obtaining business. US Department of Justice, The Securities and Exchange Commission (SEC)…

    • 579 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    In 1798 the United States was involved in an undeclared war with France. “The United States again stood on the brink of war with a major European power, only this time instead of Great Britain the hostile nation was France.”(Hay 141) Later on the Federalist Party passed a series of four laws which were called the Alien and Sedition Acts and the Federalists saw foreigners as a deep threat to American security. There were a series of four acts that were adopted to alienate aliens. The first of these acts was the Naturalization Act which was passed by Congress on June 18. This act required that aliens be residents for 14 years instead of 5 years before they become eligible for United States citizenship. The second major act was the Alien Act which authorized the President to deport aliens who were dangerous to the peace and safety of the United States during peacetime. Furthermore the third act was the Alien Enemies Act which allowed wartime arrest, imprisonment and deportation of any alien from an enemy power. The last of these acts was the Sedition Act which consisted of, if there was any treasonable activity, including publication of any false or scandalous writing was wrong and punishable by fine or imprisonment. These acts helped to assist the government's sense of security for the United States. Although the government accepted the acts, people like James Madison were against for what the acts stood for. To protest the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were written to show that the acts were unconstitutional in the since that any acts of Congress that were not authorized by the Constitution and violated on the reserved powers of the states. Stating that the federal government can’t create new powers for itself and it must be approved by the states of the people.…

    • 2847 Words
    • 12 Pages
    Better Essays
  • Better Essays

    Many companies are trying to expand economically in the market by doing business with an individual or another company in foreign countries. These businesses are engaging in into using improper ways of payments that are leading to secret bribes to the foreign public officials. Foreign countries are not always in compliance with the laws and they tend not to follow them. Having these problems with the US and all the millions of dollars that have been passed they wanted to take a more affirmative approach and be able to correct the problem. That is when congress decided to introduce the Foreign Corrupt Practices Act to prosecute foreign companies for corrupt payments within the United States. The Foreign Corrupt Practices Act is a federal law that was amended in 1977. This law “prohibits the United States from bribing foreign officials to secure advantageous contracts”(1). A foreign official is defined as any officer or employee of the foreign government or any department, agency, public international organization, or any person acting in an official for or behalf any such government or department, agency, or public international organization (2). The Foreign Corrupt Practices Act was implemented for companies from the United States that are managing business in foreign countries to do so without any unethical business practices (3). This federal law consists of two provisions, the anti-bribery and the accounting/book and record provision. The first provision consists of the anti-bribery provision in which contracts with enforcing the Department of Justice. The DOJ is one of the enforcements for Foreign Corrupt Practices Act (FCPA) in which prosecutes the issuers and their officers, employees, agents, and domestic concern all in which are acting in the US (4). The anti-bribery of FCPA prohibits anything that deals with payments or an authorization of any payment that obtains or retains with business. There are three types of improper violations for the anti-bribery…

    • 1630 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Unethical Conduct Essay

    • 738 Words
    • 3 Pages

    4. Why is there a double standard placed on public officials regarding liability for conduct that is accepted when acted by private citizens?…

    • 738 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Foreign Corrupt Practices Act was design to make it fair for companies in the United States to be able to compete in the global market. It was amended in 1977, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), and it “prohibits United States businesspersons from bribing foreign officials to secure advantageous contracts” (Business Law Text & Exercises, p.22). This law makes it illegal to engage in any form of bribery, whether monetary or of any kind, in order to get an edge in another country. This law applies to all US companies including officials, directors, officers, shareholders, employees and agents. In the past, many companies in the US and the world would engage in bribery in order to get ahead in business procedures. Whether it be a license or creating a loop hole in local laws, the bribery of foreign government officials is something that was a common practice in the past and its is still going on, even with laws being implemented.…

    • 1000 Words
    • 4 Pages
    Better Essays
  • Good Essays

    managing across cultures

    • 1599 Words
    • 7 Pages

    The FCPA makes it illegal to influence foreign officials through the granting of favorable tariff rates.…

    • 1599 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    Miller, R. L., & Hollowell, W. E. (2014, 2011). Business Law: Text and Exercises, 7th Edition. Mason, OH: South Western-Cengage Learning.…

    • 521 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    I would never pay a bribe to get something out of someone. Specially not at my job or in behalf of my company. I believe I have worked really hard to achieve my goals to mess it up. Part of the education I have received so far is to have ethics. Taking a bribe is not only unethical but it is very illegal. Not everyone has ethics so the Foreign Corrupt Practices Act was passed to try to prevent behavior such as bribery. For me I wouldn't do it not only because it's written on paper that I shouldn't, but also because in my heart I know that bribery is an easy way to obtain something. Personally I like to work hard for my achievements. I would hate to lose my integrity as an individual but also as a professional. When running a business I believe…

    • 174 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The United States of America is the land of the free and home of the brave. Something happened to change that; the greatest nation on earth is falling. America is now the land of slaves and home of the cowardly. As history tells time and time again that nations fall when they lose focus on God. America has forsaken its Savior, King, and God by opening the door for Satan to rule and reign supreme. America took God out of politics, schools, and The Constitution. This once great country was founded on God and His word. Politicians are corrupt as well as judges; America's legal system is all screwed up. Christians cannot uphold their beliefs without facing jail time and losing their jobs. Teachers cannot even teach anything in the bible without…

    • 1227 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Tyco Fraud

    • 1126 Words
    • 5 Pages

    During the fiscal years 2006-2009, Tyco Inc. was found to be involved in several illicit payment schemes. The company filed misstated financial statements with the SEC, failed to place and maintain efficient internal controls, paid false commissions and payments through a third party, and violated anti-bribery provisions set by the FCPA. By using Tyco’s international business, illegal acts were easily hidden within the financial statements and the company was able to earn $10.5 million in profits by employees’ commissions and promises with third party contracts.…

    • 1126 Words
    • 5 Pages
    Powerful Essays