U. S. Foreign Practices Act

International law and ethics implies the rules and regulations laid down by states or countries in common to govern some common issues like politics, business among others. Such laws are stated in a constitution and should be adhered to by every member country. There are also laid down penalties for those who violate such rules. The U. S. Foreign Corrupt Practice Act was put in place in 1977due to some employees making payments to foreign officials to secure their businesses. (Coudert Brothers LLP: Article. Page 2, 3. )

I being a junior executive of US base public company and being ordered by my manger to pay government official in developing country so as to secure large order; this is U. S. Foreign Corrupt Practice Act (the “FCPA” or the “Act”) which was enacted in quite illegal in US. This is because such has been prohibited under the law o 1977. This law which was signed in December 17 1977, of convection on combating Bribery of Foreign Public Officials in International Business Transactions (the OECD convention”).

US has laid down strategies to ensure this provision of FCPA has been understood and compiled (Coudert Brothers, LLP:: Article. page 4). With and also the similar legislation in other countries this will in turn ensure success of international transactions in years to come. (RECENT MULTILATERAL MEASURES TO COMBAT CORRUPTION. Article page 3). The compliance is becoming more vital as the attention of the international community is increasingly focused on anti-corruption issues.

This anti-bribery provision of FCPA prohibits any person (including) company its officers, directors, employers, agents (on its behalf), from corrupting to making offer, payment, promise to pay or authorize of giving any foreign official, political party or candidate for foreign public officers for purpose of Influencing any foreign official in his official capacity or security any improper advantage or including such officials to use his influence with government to influence any act or decision of such government.

For this case of being ordered by my manager, shows the misuse of government’s power in influencing his employee to bend the law. (COUDERT BROTHERS, LLP:: Article . page 3, 4,8and9. ) Again as a   junior executive of US based Public Company and be asked to fly the government official and his family to US for a week and allow him to visit any companies Headquarter near Los Angeles and arrange a trip to Disney land for official and his family, this does not change the analysis in part one because bribery can not be inform of monetary payment.

The official being given a favor to tour US can influence a lot  in business transactions between these two parties. Also it is clearly indicated that the order is from the management but not the official’s request. This can also be termed as a crime which should be subjected to penalty because of failure to disclose company’s controls and US procedures. Being a junior Executive and my company learns that I am involved in the payment to the foreign government official and be fired without notice or severance pay; I should not have a claim with my employer because of violation of the rules and regulations of the business and state at large.

This is termed as commitment of corrupt intent in that, this payment must be intended to cause recipient to misused his or her official position in order to wrongfully direct business to the payer or the payer’s client or secure an improper advantage. Being fired without notice and getting severance pay is well state in US penalties which also includes being ruled ineligible to receive export licenses. (RECENT MULTILATERAL MEASURES TO COMBAT CORRUPTION. Article page 5)

Being a victim of bribery provision in FCPA in European countries like Japan, this is treated differently. The violator is given throaty days’ advanced notice or pay (in Lieu of notice, absent just cause). There is also general “just cause” for all employees in principles found in article 2. 7 of constitution which gives one a chance to be proved guilty. Here the violator petitions to arbitration where the adjudicator proves him through judgment. Estreicher Samuel, Unjust Dismisal Laws.

References:

1. COUDERT BROTHERS LLP GLOBAL LEGAL ADVISERS. Understanding and Complying with the U. S. Foreign Practices Act :: 22/September, 2004. 2. COUDERT BROTHERS LLP. Articles. Enforcement Actions under the Foreign Corrupt Practices Act: The bitter and Costly Lessons of Mishanding Intermediaries. :: 9/21/2004: Coudert brothers. 3. RECENT MULTILATERAL MEASURES TO COMBATCORRUPTION. 4. The American Journal of Comparative Law, Vol. 33, No2 (spring, 1985), pp. 310-323.