“International and Comparative Law” in Dynamic Business

Review the scenario and complete the activity below. This scenario can also be found in the “Questions & Problems” section of Ch. 6, “International and Comparative Law” in Dynamic Business Law.

In an interview published by The New York Times in February 1976, former Lockheed President A. Carl Kotchian defended the payment of bribes by the company as follows:

“Some call it gratuities. Some call them questionable payments. Some call it extortion. Some call it grease. Some call it bribery. I look at these payments as necessary to sell a product. I never felt I was doing anything wrong.”

More than 30 years later, Reinhard Siekaczek, an accountant employed by Siemens who oversaw an annual budget for questionable payments in excess of $50 million, stated:

“I never thought I would go to jail for my company. …We thought we had to do it. Otherwise, we would ruin the company. …People will only say about Siemens that they were unlucky and that they broke the Eleventh Commandment. The Eleventh Commandment is, ‘Don’t get caught.’”

You have been hired to assist ABC Multinational Company to help educate employees on ethical practices and corporate culture. More specifically, related to the Foreign Corrupt Practices Act, your role is to prevent situations described in the above scenario.

Create either a handout, job-aid, poster, or flier to educate employees on the Foreign Corrupt Practice Act. Complete the following for your educational tool:

Explain what the employees should know regarding the Foreign Corrupt Practices Act.
Provide examples of Foreign Corrupt Practices Act violations.
Identify company actions or red flags that might indicate violations of the Act.
List any consequences of the violations.
Recommend actions to report possible violations.
Describe protections for whistleblowers. Why are they important? How do the protections impact the Act?
Cite references to support your assignment.

Sample Solution

What Employees Should Know Regarding the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (FCPA) is a U.S. federal law that prohibits companies and individuals from offering, paying, promising to pay, or authorizing the payment of money or anything of value in order to influence foreign officials so as to obtain business. The FCPA also requires companies to maintain accurate books and records, and requires them to have adequate internal accounting controls in place.

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eager observers to argue that Dilma would rule a country split in two,” (Bastos, 148). Since the 2008 housing market crash, income inequality, the 99% versus 1% argument such as the Occupy Wall Street movement, have caused rifts in the United States trust in governmental regulations. Moreover, congressional gridlock between Democrats and Republicans has only increased the social tension void. Now, the country has been faced with countless protests denouncing Donald J. Trump’s presidential legitimacy, especially through the Twitter #NotMyPresident movement. As reported by Christopher Mele and Annie Correal of The New York Times on November 9, 2016, “thousands of people across the country marched, shut down highways, burned effigies and shouted angry slogans…to protest the election of Donald J. Trump as president,” while more demonstrations resonated in town squares and college campuses around the nation. Even more strikingly, Fabrício Bastos proclaims that in Brazil the “urban middle-class youth (most of them around 25 to 34 years old),” (Bastos, 153) is disenchanted with the current government and will continue to be the source of political protest in the coming years, similar to what is being demonstrated by U.S. middle-class youth. As the United States continues to wait in solemn observation of presidential cabinet nominees, and the first policies to be announced under the Trump administration, we may well see presidential impeachment ourselves.

With these events in mind, it is time to consider the short-term consequences of transitioning from a winner-take-all system to a proportional representation system in the United States of America. To begin, it would create a more diverse Congress with smaller parties such as the Tea Party and the Green Party earning a seat at the congressional table. While they may finally be in prominent public office, the chances that they would hold any real power are slim to none as the Democrats and Republicans would continue to remain dominant. Also, politicians would have more incentives to campaign across their whole state

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“International and Comparative Law” in Dynamic Business

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