Foreign Corrupt Practices Act

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Assignment 1: Scenario Analysis  

You will analyze two different scenarios for this assignment. Analyze both scenarios and provide a separate 2 pages analysis report for each. Reports should be delivered in a Microsoft Word document. All written assignments and responses should follow APA rules for attributing sources.

 

Scenario  1

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Foreign Corrupt Practices Act

You are the Director of Foreign Sales for Acme Manufacturing, Inc., a U.S. company with headquarters in Miami, Florida. Acme Manufacturing of Brazil (AMB), a subsidiary of Acme Manufacturing Inc., was formed to represent Acme’s interests in Brazil. Acme Manufacturing Inc. controlled all of AMB’s actions, paid all expenses, employed management, and consolidated financial statements. You have recently discovered that your Sales Manager, Don Johnson, has been paying or authorizing bribes to the customs and other government officials in Brazil to accept documents that understate the value of Acme’s products imported into Brazil to reduce the duties, sales taxes, and other fees owed by AMB.

Using Foreign Corrupt Practices Act (FCPA), analyze the issues facing Acme Manufacturing Inc. and the individuals involved, as well as arguments for and against the allegations that these parties have violated the FCPA. Consider the following in your analysis:

  • What is the purpose of the FCPA?
  • What is the difference between a bribe and a facilitation fee? Which one applies in this case?
  • Does it make a difference that bribes are legal in Brazil?
  • Does the FCPA make it more difficult for American companies to compete in foreign countries?
  • What are the legal elements needed to prove bribery under the FCPA?
  • If one or more of the parties are found guilty, what recommendations would you make to Acme Manufacturing Inc.?

 

 

Scenario 2

Consumer Products Safety Commission

With increased efforts to provide low-cost goods while maximizing profits, your company decided to move its toy manufacturing plant to Adjistan. The move resulted in the loss of 1200 jobs in the U.S. and increased profit for the shareholders. As the Director of Human Resources, you have recently discovered that the factory management in Adjistan has been involved in child labor practices in violation of internationally accepted standards. After discussing this issue with the management of the Adjistan facility, you determine they have no intention of improving the working conditions. To make matters worse, you discover that the toys are manufactured using lead paint, which is prohibited for use in toys in the U. S.

Identify at least three ethical issues presented in this scenario. Provide a course of action to correct each ethical issue or potentially unethical practices that are identified. Provide at least three recommendations to your company’s officers to prevent future violations.

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Assignment 2: Course Project Task I

Select a Company

You should select a company to work with for this project. You can use your current employer or another company that you can access easily. For the purposes of this project, you are now the Director of International Compliance, charged with the task of creating guidelines for international business law that can be used by your company’s employees.

Once you have selected your company, select at least three countries that your company currently does business with or plans to do business with. Your company may or may not actually do business with multiple countries, but for the purposes of the assignment, you should select at least one country in Asia, one in Europe, and one in Central or South America. For example, you might select China, Germany, and Brazil.

Next, think about the company you have selected and how it is structured. Assume that international business transactions are critical to the profitability and survival of your company. Consider how ethics and culture affect transactions with your international business partners and the strategies you should consider when entering those markets.

Develop and deliver an outline that:

  • Identifies areas of international business law and practices and the information needs of your company. Although Module 1 does not cover all of the topics, the course overview, textbook, and information obtained from your company will help you develop the topics to be included in your outline.
  • Includes the names of the functional areas or departments in your company that should be the recipients of this information and explain why they should be included.

Write the outline in a Microsoft Word document. All written assignments and responses should follow APA rules for attributing

 

 

 

 

 

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