Baker Hughes: Foreign Corrupt Practices Act Study Questions

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

Establishing corporate policies and addressing issues of corruption within the organization that set an example for all employees to follow is important. Canada may prosecute the individual and the business involved in bribery.

Evidence of bribery or erroneous accounting is enough proof for the government to file a case against an individual or company regardless of intent, under the FCPA laws (Clayton, 2011). There are three types of improper violations for the anti-bribery provision and they include: the issuer, domestic concern, the foreign national and businesses. The issuers are the ones that are registered in the US or are required to file Security and Exchange Commission. Domestic concern is any person or business that has their place of business in the US or is under the US law. Lastly, the foreign nationals and business in which deals with corrupt payments that are made in the United States, there are also the third parties and agents that are as well included and have the same conditions apply to them as they do to the issuer, domestic concern, and the foreign national and businesses. The second provision that is involved with the FCPA is the Accounting provision and that consist of contracts enforcing Securities and Exchange Commission. The SEC enforces the Foreign Corrupt Practices Act (FCPA) by bringing the civil actions against the issuers and their officers, directors, employees, and agents. FCPA has two accounting requirements that are recordkeeping and internal controls. The recordkeeping is there to ensure that the books, records, and accounts are held at the standards of what the company should be at. This is designed to cover business

If section 42 is not chilling enough, consider the definition of "corrupt conduct". It includes conduct by an employee or contractor or consultant that is judged to be "abusing his or her position".

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.

While reading this case analysis, The Foreign Corrupt Practices Act came into discussion as an underlying factor in Weihardt’s decision. The Foreign Corrupt Practices Act was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. This practice applies to Weinhardt in the fact that he was given the opportunity to give Lee a bribe to obtain Lees’ business.

* U.S. governmental oversight of accounting fraud and abuse and its effect on the company Potential corruption schemes to be aware of in the company

There are many corporate organizations that have expanded their business opportunities outside of the U.S. Consequently, these global organizations are required to conform to The Foreign Corrupt Practices Act of 1977 (FCPA). Under the FCPA, anti-bribery and accounting provisions exist for companies to identify unlawful acts and comply with requirements by maintaining accurate records of transactions and implementing internal controls. (DoJ, 2015a, FCPA: An Overview section, para. 2-3).

Corruption can take many forms and can be found in many countries, but mainly in the emerging ones. The main form of corruption is the bribery in the form of payments demanded by the government or ministry officials in exchange for a favor (granting a service, awarding a business).Corruption affects all the businesses that interfere with the government, but studies have shown that certain industries are more exposed to it. These industries are construction, airline manufacturing, power plants, and oil and gas production.

The negative economic impacts of corruption have grown rapidly, and major international organizations have claimed that corruption hinders economic growth (world bank 2006). Although there are claims that corruption is harmful to economic growth, economists have not really agreed with the argument from a theoretical point of view. Theoretical studies suggest that corruption may counteract government failure and promote economic growth in the short run, given externally determined suboptimal bureaucratic rules and regulations. As government failure is itself a function of corruption, however, corruption should have

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).

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

While corruption is said to generate inefficiency and retard growth in a country (Ackerman, 1997), China manages to deliver astronomical economic growth amidst rampant corruption (Li, Peng, 2001). To explain China’s puzzle, the essay first focuses on the causes of corruption and why it has yet to be eradicated, and then analyzes its economic impact in the short and long run.

Corruption is a complex political, social, and economic anomaly that negatively affects developing and developed countries. It weakens democratic institutions, holds economic development, widening the rich-poor gap and certainly leads to governmental instability. The World Bank definition of corruption states that “…the abuse of public office for private gain”.

The topic of bribery in India or any other countries for that matter, it is utmost important that we understand the points raised correctly and precisely. For this article, the viewpoint by the author was clear, coherent, and elaborated accordingly to the challenges faced by international firms in the form of bribery and corruption in doing business in the national or state level in India.